Squatters in Spain, Everything you need to know about them

Squatters in Spain, Everything you need to know about them

Spain also has problems with squatters. If you want to know your rights as a squatter or resident, read this guide.

The difference between squatters and trespassers

If you have a vacation home or second home that is not your primary residence and it is entered illegally , you are considered a squatter . If your primary residence or rental property is entered illegally, it is considered trespassing .

It's important to clearly indicate the nature of the offense. In Spain, there are different procedures. Trespassing is considered more serious, and in most cases, the police can intervene immediately . For squatters , this is much more complicated and involves a longer legal process .

The rights of squatters

Despite the fact that they are operating illegally, squatters still have certain rights.

• If squatters remain in the property for longer than 48 hours , they cannot be immediately evicted by the police. This is because Spanish law affirms that squatters also have the right to due process .
• In certain cases, squatters can rely on special protection , if the group includes someone aged 65 or over , someone under 18 or someone with a disability , which allows them to obtain a postponement of eviction from the court.
• Squatters can access basic necessities such as water and electricity without a legal contract , should a judge decide that this is a basic need.
• Squatters have the right to a trial and a fair legal process .

What are my rights?

If your home is squatted, report it immediately to the police . If the squatters have been there for less than 48 hours , they can be evicted immediately . If they have been in your home longer, hire a lawyer to file an official complaint with the court, using Spanish laws such as the Ley de Desahucio Éxpres (Expeditious Eviction Law). If it's clear that your home is squatted, this law can potentially expedite the process. Gather as much evidence as possible that your home is squatted, for example: photos of the situation, witness statements from neighbors/local residents, and proof of ownership to prove that you are the rightful owner.

The legal process

If you are dealing with squatters, the legal process usually looks like this:

1. File a complaint : File a complaint with the court , this can only be done by the rightful owner , so don't forget your proof of ownership or rental contract
2. Procedural steps : After the complaint is filed, the court will process it. The time this may take depends on the specific circumstances of the case and the pressure on the judicial system in the region.
3. Court ruling: The judge will determine whether the squatters must leave the property. If so, a date will be set. If nothing has changed by this date, the police can evict them immediately.

In case of a holiday/second home this process will take longer than if it is your main residence

Tips to prevent cracking

• Make sure the house looks lived in
• Install an alarm system or possibly security cameras
• Maintain good contact with your neighbors so that they can keep an eye on your home when you are away.
• Hire a local property manager (such as CasaLasDunas) who will come and check the property every now and then
• Rent out the property if you are not using it yourself for a longer period.
• If you do not live in your home and choose to sell or rent it, ask the real estate agent not to place any for rent/for sale signs outside the property.

Frequently Asked Questions (FAQ)

• Can the police evict squatters from my home? Yes, they can, but keep in mind that this is only possible if the squatters have been there for less than 48 hours.
• Do squatters have rights? Yes, even though squatters operate illegally, they do have certain rights that prevent them from being evicted.
• Is there a difference between squatting and trespassing? Yes, trespassing applies if you actually live in the property, while squatting applies if you are away for an extended period, usually in a vacation/second home.
• Can I turn off the electricity and water if there are squatters in my home? No, this is not allowed. Squatters can obtain the right to access basic necessities through the courts.

Discover how CasaLasDunas helps you buy a property in Spain without any worries.

CasaLasDunas has its own rental organization, so we can rent and manage your property(s) under our own management.

Call us directly on +34 965724489 or send us an email

Discover more:

• Renting out your home in Spain
• Buying a house in Spain
• Service packages after purchasing a home

Written by: Esmeé – CLD Marketer Intern (Sept 19, 2025)