Fast-tracking criminal proceedings against squatters:  A major reform in Spain

Until now, property owners affected by squattinghad to resort to lengthy and costly civil proceedings. With the reform, victims can now file a criminal complaint directly at the police station or duty court, and if the facts align with the reformed criminal categories, a fast-track trial will be initiated.

This change responds to growing public demand for a more effective response to squatting, which often leaves property owners without legal remedy for months. However, not all cases are covered. For instance, inquiokupación (when a tenant stops paying rent but refuses to vacate the property) remains outside the scope of the expedited process.

By shifting these cases to criminal jurisdiction, consequences for unlawful occupants become more serious, including fines or even prison sentences, especially when violence or intimidation is involved.

Unlawful entry into a residence (allanamiento de morada) refers to unauthorised access to someone’s main home and violates the constitutional right to the inviolability of the dwelling. In these cases, if detected within the first 48 hours, law enforcement may act without a court order.

Illegal occupation of property (usurpación), by contrast, concerns the unauthorised use of non-habitual or vacant properties. While it may not directly affect the owner's privacy, it remains a criminal offence now subject to expedited prosecution.

The fast-track system sets a deadline of 15 days from the accused’s initial court appearance to hold the hearing. If the occupant cannot present valid documentation (such as a lease or written permission), the court will presume criminal liability.

Despite the reform’s intention to streamline proceedings, doubts remain about its effectiveness. Spain’s courts are overburdened, and defendants may still try to delay the process using procedural tactics or forged documents.

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Nicole Plattner holds a Law degree and two master's degrees in digital and international business law. She has broad litigation experience, with a focus on data protection, e-commerce, and economic, criminal and tax law. She is fluent in English, Italian, French and Spanish.