The number of illegal squatters in Spain has fallen dramatically over the past year – by half compared to 2024. At first glance, this decline may appear to be a genuine easing of the situation, but in reality it is due to a profound change in strategy on the part of property owners.
by Peter Capitain (solicitor)
With the entry into force of Organic Law 1/2025, which aims to increase the efficiency of the judiciary, owners are now required to make a formal attempt at reaching an agreement before they can file a lawsuit for occupation. This process involves a minimum waiting period of one month and has fundamentally changed the situation.
Given the slowness and cost of legal proceedings, many owners now choose not to pursue official channels. Instead, they opt for quick out-of-court settlements, which have become the new norm.
Eviction firms: financial settlements – or pure deterrence
In this new context, so-called ‘desokupa’ companies have experienced an unprecedented boom. They resolve numerous conflicts through financial agreements between owners and squatters. In other cases, no payment is even necessary:
often, the mere sight of these groups at the front door is enough to speed up the move-out process – without the police or court proceedings.
The result: evictions within a few hours or days, instead of months or even years of court proceedings.
Better-informed owners: alarm systems, cameras and immediate police calls
Another key factor in the decline is that owners are much better informed today. They know that if they act immediately – especially in the first few hours – the police are much more likely to intervene.
Thanks to widespread alarm systems with cameras, the police are often called within minutes as soon as unauthorised entry is detected. In such cases, officers can act quickly and order the squatters to leave the property immediately, as this constitutes a continuing trespass.
This immediate scope for action prevents a squat from becoming ‘entrenched’ – which would make it much more difficult to recover the property.
An open debate: property rights vs. the right to housing
This development has reignited the debate on one of Spain’s major political flashpoints:
How can the right of owners to recover their property be reconciled with the constitutional mandate to guarantee decent housing?
This right is enshrined in Article 47 of the Spanish Constitution.
In a country where rents are rising, affordable housing is scarce and squatting remains an issue, this conflict will continue to be at the centre of social debate in the future.
