SQUATTERS IN SPAIN EXPOSED – Lawyer Reveals 2025 Laws, Your Rights & How to Evict Them FAST!

Spain is one of Europe’s most sought-after destinations for second homes, investment properties, and sunny escapes. But there’s one topic that rarely gets discussed in the open: squatters.

Do squatters in Spain really have legal rights?
Can they take over your holiday home?
And most importantly—how can you get rid of them, fast and legally?

In this exclusive episode of Hi Homes Expert Talks, CEO Kian Bennani sits down with top property lawyer Rafael Fontán to lift the lid on Spain’s squatter situation, the new 2025 laws, and the most effective strategies to protect your property.

Let’s dive into the truth behind squatters in Spain—and what every property owner must know.

What is a Squatter in Spain?

In Spain, squatters are referred to as “okupas.”
A squatter is someone who enters and occupies a property—usually unoccupied—with the intention of living there without any legal right to do so.

Contrary to popular belief, squatters in Spain do not have legal rights to your home. However, they often exploit Spain’s housing protection laws—which are designed to safeguard vulnerable families. This creates legal grey zones that slow down evictions and frustrate property owners.

Are Squatters Really a Problem in Spain?

The truth?

Squatter cases in Spain are much rarer than the media makes them seem.
According to lawyer Rafael Fontán, out of thousands of clients his law firm has advised, none have actually had their property taken over by squatters.

The problem tends to be more common in specific regions like Barcelona and parts of Madrid, and far less frequent in safe, gated communities on the Costa del Sol, like Estepona, Mijas, or Marbella.

But when squatting does occur, the situation gets serious media attention—leading to fear and confusion, especially among foreign homeowners.

How Do You Prevent Squatters in Spain?

If you own a holiday home or a second property in Spain, prevention is key. Here are two non-negotiables to avoid ever dealing with squatters:

1. Install a Professional Alarm System

Security companies like Securitas Direct und Prosegur offer anti-occupation systems designed specifically for this purpose. If someone breaks in, the alarm is triggered, police are notified, and you have a 48-hour window to remove them quickly.

2. Use a Property Management Company

A professional property manager can check your property regularly, spot potential break-ins early, and notify you or authorities immediately. This is especially useful if your home is vacant for long periods.

💡 A basic monitored alarm in Spain typically costs between €40–€55 per month—a small price to pay for peace of mind.

What If a Squatter Enters Your Property?

Despite your best efforts, let’s say a squatter does get in. What should you do?

✅ Step 1: Call the Police Immediately

If it’s been less than 48 hours since the break-in, police have the legal right to remove the squatters—no court order required.
But be prepared to prove you’re the rightful owner, and that the home was unoccupied when they entered.

🚫 Step 2: If They Refuse to Leave

Some squatters come prepared with fake rental contracts or forged documents claiming they live there. In this case, the police may not act immediately.
You’ll need to proceed to court.

The 2025 Squatter Law: What’s New?

Thanks to new legislation introduced in 2025, the eviction process for squatters in Spain has become faster and more efficient.

⚖️ Here’s what’s changed:

• Express court proceedings now apply to squatter cases.

• If police intervention fails, courts must hold a hearing within 15 days.

• A judge must issue a ruling within 3 days of the hearing.

Previously, the process could take up to 9–10 months. This new law aims to cut that time down to just a few weeks—a massive win for property owners.

🛑 Important: These faster proceedings only apply to clear-cut squatting cases. If the squatter can confuse the situation (e.g., with fake documents), delays may still happen.

Squatter Myths: Busted

Let’s clear up a few misconceptions that often float around online:

❌ “Squatters have more rights than owners in Spain.”
False. Spain’s tenant protection laws can be abused—but the law is not on squatters’ side.

❌ “You can’t evict squatters without paying them off.”
False. In 2025, the law supports fast, legal eviction if you act quickly.

❌ “It’s only a problem in big cities.”
Mostly true. Costa del Sol sees very few cases, especially in gated developments.

Companies That Help Remove Squatters

In rare cases where squatters dig in, you can turn to companies like Desokupa (run by the well-known Esteban in Barcelona). These firms don’t use violence—but they know the legal system and use it to:

• Apply lawful pressure

• Monitor entrances

• Prevent re-entry

• Coordinate with communities

Rafael’s Final Advice: Don’t Panic

To close the episode, Rafael shared a reassuring message:

“In over a decade of experience, I’ve never had a single client affected by squatters. The issue is rare, but if it happens—there are now effective legal tools to solve it. With prevention and fast action, it’s fully manageable.”

Key Takeaways

• Squatters do not have rights, but they can exploit delays in Spain’s legal system.

• The 2025 squatter laws have introduced express legal proceedings, speeding up the process dramatically.

• Install an alarm system and consider a property manager—especially if your home is vacant.

• If squatters enter your property, act within 48 hours for police to remove them.

• Use Desokupa-style companies or lawyers for complex cases.

• The issue is rare on the Costa del Sol, especially in gated or urbanized communities.

Own a Property in Spain or Thinking of Buying One?

Whether you’re relocating, investing, or purchasing a holiday home, understanding how to protect your property is critical.

📩 Got questions about squatters, Spanish real estate law, or buying safely in Spain?
Reach out to the team at Hi Homes. We’re here to help you navigate the Spanish property market with transparency and confidence.

Contact Hi Homes:
📧 Email: info@hihomes.es
📞 Phone: +34 951 084 264
💬 WhatsApp: +34 645 58 60 63
🌐 Visit: www.hihomes.es