Spain’s Supreme Court has delivered a long-awaited ruling that many property owners have been waiting for. The court has confirmed that homeowners may, in principle, disconnect electricity, water or gas supplies to properties occupied by illegal squatters without automatically committing the criminal offence of coercion
Spain Expatriado Press Editorial Team
The ruling applies only to squatters who have no legal right to occupy the property. It does not apply to tenants with a valid tenancy agreement, even if they have stopped paying their rent. In those cases, landlords must still follow the legal eviction process.
For many owners, the decision marks an important step forward. Until now, many found themselves in what they considered an unfair situation: they were unable to use their own property, received no rental income and were often still expected to pay the utility bills of those occupying the property illegally.
Although the judgment does not solve Spain’s lengthy eviction procedures, it provides greater legal certainty and strengthens the position of property owners.
Many legal experts also advise landlords to consider keeping utility contracts in the name of the property owner or the managing agent when letting a property, as this may help avoid legal and administrative complications should problems arise in the future.
