If your Spanish property has been occupied without permission, the route you take depends heavily on the exact situation — and moving quickly matters. Here is what Spanish law actually gives you as an owner.
The civil fast-track: Law 5/2018
Law 5/2018, in force since 2018, reformed Spain’s Civil Procedure Law to create a specific fast-track eviction procedure for illegal occupation (popularly known as desahucio exprés). It is available to individuals, non-profit organisations, and public bodies whose residential property has been occupied without any title or permission.
This route exists specifically because ordinary civil proceedings in Spain can be slow, and occupation cases needed a faster path back to possession for legitimate owners.
This is not the same as a non-paying tenant
It matters enormously which situation you actually have. Law 5/2018’s fast-track occupation procedure applies to occupation with no legal title at all. If someone was a legitimate tenant who has simply stopped paying rent, that is a completely different legal situation (impago de rentas), handled through ordinary eviction proceedings — not the anti-occupation fast track. Confirming which situation applies is the first thing a lawyer needs to establish.
The criminal route: usurpación
Separately from the civil procedure, illegal occupation can also be addressed criminally under Article 245.2 of the Criminal Code, as the offence of usurpación. Spanish criminal law treats this as a measure of last resort, so it runs alongside — rather than automatically replacing — the civil possession-recovery route.
Occupied while you are living there is different
Someone entering and occupying a home while you are actively living in it is a different, more urgent legal situation (allanamiento de morada) than an empty second home or investment property being occupied. This tends to move through the system faster, given the direct interference with an occupied residence.
What to do the moment you discover it
Document everything immediately — photographs, dates, and any evidence of the property’s condition before occupation — and contact a lawyer the same day. Do not attempt to resolve it yourself by changing locks or forcing entry; this carries real legal risk for the owner. Spain’s anti-occupation procedures work fastest when the owner acts immediately, not after weeks of trying to negotiate directly.
Call us today on +34 919 499 342 or email marialuisa@costaluzlawyers.es if your Spanish property has been occupied.
Frequently Asked Questions
What is “desahucio exprés” and does it apply to my situation?
Law 5/2018 introduced a fast-track civil eviction procedure specifically for illegal occupation, available to individuals, non-profit organisations and public bodies who own residential property that has been occupied without title or permission.
Does the fast-track procedure apply if a tenant simply stops paying rent?
No. Law 5/2018’s fast-track occupation procedure is for occupation without any legal title at all — a tenant who stops paying rent is a separate legal situation (impago de rentas), handled through ordinary eviction proceedings, not the anti-occupation route.
Is squatting also a criminal offence in Spain?
Yes — illegal occupation is generally addressed as usurpación under Article 245.2 of the Criminal Code, which criminal courts can act on. However, Spanish criminal law treats this as a last-resort route (ultima ratio), meaning it does not automatically replace the civil possession-recovery mechanisms.
Is it faster if someone breaks into a home I am actively living in?
Generally yes — occupation of a home you are actively occupying is a different, more urgent legal situation (allanamiento de morada) than an empty second home or investment property being occupied, and tends to move faster through the system.
Can I just change the locks myself?
This is legally risky and can expose the owner to liability. The correct route is through the civil or criminal procedures designed for this, not self-help eviction.
What should I do the moment I discover my property has been occupied?
Document the occupation immediately (photos, dates, any prior condition records) and contact a lawyer the same day — Spain’s anti-occupation procedures move fastest when the owner acts immediately rather than waiting.
This content has been prepared with the assistance of artificial intelligence and reviewed by María Luisa de Castro, a lawyer specialising in Real Estate Law and founder of CostaLuz Lawyers.
The information provided is general and indicative in nature. It should not be used as the sole basis for making professional, legal or investment decisions, and CostaLuz Lawyers assumes no responsibility for decisions taken solely on the basis of this content.
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