Are you concerned that someone will live in your property while you are away or that your tenant will not move out after the contractually agreed period?
The allure of the Costa del Sol, with its sun-kissed beaches, vibrant culture, and luxurious properties, draws people from around the globe. However, beneath this idyllic surface lies a growing concern that has become a hot topic among homeowners and real estate investors alike: the issue of “ocupas,” or squatters. These unauthorized occupants have sparked widespread debate and concern, particularly in popular regions like Costa del Sol, where the real estate market is thriving.
What is the difference between Inquilinización and Ocupas?
The terms “ocupas” and “inquilinización” refer to different scenarios involving the occupation of properties, and they involve distinct legal proceedings in Spain.
“Okupas” refers to squatters who illegally occupy a property without the owner’s permission. This often occurs in vacant homes or buildings that are uninhabited and not actively monitored. Okupas don’t have a legal permission to occupy the property, making their eviction potentially a criminal matter.
“Inquilinización” refers to a situation where tenants, who initially have a legal rental agreement, overstay their lease or refuse to vacate the property after their contract has ended or after they stop paying rent. This term is less common but refers to tenants who transform into unauthorized occupants. Inquilinización is primarily a civil matter rather than a criminal one.
What type of properties are mainly affected by Ocupas?
Squatting often targets properties that are empty, abandoned, often vacant properties owned by banks or other financial institutions. These properties are frequently left unsecured and are not in use, making them attractive to squatters seeking shelter or a place to live without paying rent.
What is the magnitude of illegal occupation on Costa del Sol?
While the idea of squatters might seem daunting, it’s important to understand the scale of the problem. According to the statistics from the Plataforma de Afectados por la Ocupación – a property rights organization – in the province of Málaga (which encompasses much of the Costa del Sol), there were ca. 500 reported cases of illegal occupation on a yearly basis. Considering that this province is home to around 900,000 properties, this equates to only 0,056% of homes being affected by squatters.
How to protect your property?
If you’re a property owner on the Costa del Sol, there are several measures you can take to minimize the risk of squatting:
- Install an alarm system: A robust security system can deter squatters and ensure a quick response from security services or the police if an intrusion occurs.
- Opt for 24-Hour Security: Many new residential complexes offer round-the-clock security, which helps prevent unauthorized access.
- Secure Vacant Properties: If you own a property that is currently unoccupied, ensure it is properly secured. This includes locking all entry points and, if possible, installing surveillance cameras.
- Regular Checks: Conduct regular inspections of your property to ensure it remains secure and to address any potential vulnerabilities.
- Legal Precautions: Be aware of the legal framework regarding squatters. New regulations allow the police to evict squatters within 48 hours without a court order if they are found illegally occupying a property. Understanding these regulations can help you take prompt action if needed.
- Insurance: Consider extending your property insurance to include protection against squatters. This additional coverage is relatively inexpensive (around 10 EUR per year) and offers benefits such as legal assistance, compensation for damages, coverage of utility bills, and compensation for lost rental income. If the occupied property is your primary residence, it can also cover the cost of renting alternative accommodation.
How can I get rid of squatters ?
You should know that seizure of real estate is not legal in Spain and anyone who squats a property is committing a crime, either according to Art.202 or Art. 245 of the Spanish Criminal Code.
You can remove squatters from your property, but the process can be complex and requires following legal procedures. Here’s an overview of how to handle the situation for both occupation types.
Immediate action within 48 hours.
If you discover Ocupas within 48 hours of their entry, you can call the police to have them removed. Squatting is considered a criminal offense, and the police can act quickly during this initial period. Once the illegal occupation is reported to the police, squatters are required to prove their right to stay or justify their presence in court within 5 days. If they fail to do so within the given time frame, the court will decide on their eviction. Moreover, new regulations this year allow the police to evict squatters without a court order within those 48 hours. After 2 days the case gets a bit complicated.
After the initial 48-hour window
If more than 48 hours have passed, you’ll need to file a legal complaint to start the eviction process. This involves going to court, where you’ll need to prove that the occupants are illegal squatters. The time landlords on Costa del Sol have to wait for a judgement to evict squatters from their homes continues to increase, reaching an average of 22,5 months. Unlike the “okupas,” who are generally seen as criminals under the law, tenants in inquilinización cases often have more legal protections, especially if they initially had a valid lease. The court will carefully consider the circumstances before issuing an eviction order. The process is similar but the time frame can be longer due to the tenant’s initial legal occupancy. Worth mentioning is that if the occupied property is your primary residence, recent legal reforms in Spain allow for an expedited eviction process. The police can remove squatters without a court order in some cases, particularly if the property owner can quickly prove ownership.
Remember that you cannot evict squatters by force. It is not possible to change the lock, cut off utilities, evict the occupants with the help of supposedly ‘professional’ evictions or gain access to the interior of the dwelling and empty it by removing the objects. In fact, the owners could be liable for the crime of trespassing. In addition, there is a risk of being charged with the crime of arbitrary execution of one’s own right. This punishes persons who, in order to realize their own right, act outside the legal channels, use violence, intimidation or force in things.
While it is possible to remove squatters, the process can be time-consuming and challenging, particularly in regions like Costa del Sol where the issue is prevalent. Acting quickly and following the correct legal procedures is essential to resolving the situation.
While the presence of squatters on the Costa del Sol can be a concern, understanding the issue and taking proactive measures can significantly reduce the risk. By securing your property, staying informed about legal protections, and considering specialized insurance, you can safeguard your investment and enjoy the beauty of the Costa del Sol with greater peace of mind. Remember, with the right precautions, your property remains a safe and secure haven in one of Spain’s most beautiful regions
