One of the most serious problems that a homeowner in Spain may face is squatting or self—occupation of housing. In most cases, we are talking about the behavior of vulnerable social groups deprived of any "roof over their heads", which is expressed in the search for an empty house and, in case of prolonged absence of the owners, their unauthorized seizure for the purpose of further residence. As a result, in most cases, the second homes of certain owners suffer.
Over the years, the number of squatting cases in Spain has only grown due to the increase in the number of vulnerable groups and the constant deterioration of their economic situation. At the same time, the state did not provide social programs to help these groups and at the same time did not build a reliable system to protect the rights of homeowners whose homes were occupied.
In the last couple of years, the situation has only become more complicated and the information below offers a brief introduction to the latest news and analytics on this problem of the Spanish real estate sector.
First of all, the burden on the Spanish judicial system has increased in recent months. More and more cases of illegal seizure of housing are being opened, especially in such autonomous communities as Catalonia, the Balearic and Canary Islands, Murcia, Valencia and Madrid. At the same time, dissatisfaction with the work of this system, outdated legislation in this area and long delays in decision-making is growing.
The Association of Real Estate Agents of Spain points out that the existing laws to combat squatting are "confusing and unclear in order to act quickly and in good faith". On the other hand, complaints are growing that there are no programs and laws to combat the root of the problem — the presence of a large number of vulnerable groups of people resorting to squatting.
At the same time, it is also noted that for any homeowner, appealing to the judicial authorities to evict squatters is associated with very high costs, both financial and temporary. At the same time, there are no guarantees against the subsequent self-seizure of the newly vacated dwelling, even by people who have just been evicted from there.
The Association of Agents warns: "The increase in the number of squatting cases in Spain is due to the laxity and ambiguity of the laws designed to combat it. This law gives squatters many alternatives to invade someone else's property with almost complete impunity".
Among the EU countries, Spain protects both homeowners and vulnerable social groups in need of housing worse than others
Arancea Goenaga, partner and employee of the law firm Círculo Legal Barcelona, states: "The mechanisms that are provided for in the laws so that the owner can return his property are insufficient. It is necessary that they be more restrictive and, above all, contribute to faster evictions and unstable situations".
On the other hand, Goenaga emphasizes that "everyone has the right to decent housing", for this reason, state bodies are obliged to provide municipalities with more financial resources that will be spent in good faith to reduce the number of dysfunctional families. The state cannot continue to shift this responsibility to private individuals.
Many experts support the position expressed by the representative of Círculo Legal Barcelona and point out that when compared with the rest of the European Union, the situation in Spain is worse than ever on all counts.
It is unfavorable for the owner due to high costs, an abundance of delays in decision-making and their low efficiency. At the same time, in cases where the work of the judicial system and law enforcement agencies is still carried out properly, the measures that are applied to vulnerable groups of citizens turn out to be extremely harsh. The lack of balance in solving the problem is obvious to everyone.
However, Goenaga slightly departs from criticism, which indicates the lack of proper regulation of squatting. The real problem is the collapse of the judicial system itself.
The very lack of balance and inefficiency of the system were perfectly demonstrated during the pandemic, when royal decrees deservedly provided vulnerable Spanish citizens with greater protection in obtaining housing, but at the same time practically did not secure the situation of homeowners in any way. For example, landlords were left almost on their own in cases when tenants lost the financial ability to pay for rented housing due to the unstable economic situation.
Catalonia is at the forefront of the legislative fight against squatting
However, today some progress in this area has nevertheless begun to be observed. Although so far it is almost always at the level of conversations and discussions. Nevertheless, Catalonia can take the lead in the fight against the current situation.
This autonomous community is one of the most affected by the increase in the number of squatting cases, which already significantly affects the state of the region's housing stock. Cases of unauthorized occupation of both residential and commercial premises began to grow in 2017. Today, 942 cases of home seizure are reliably known, but it is worth noting that we are talking only about known cases of home seizure at the moment.
Given the nature of squatting associated with the seizure of empty objects, it is extremely difficult to say about the real situation in the region, since many cases may simply not be established yet.
