Spain to Introduce ‘Express Evictions’ for Squatters.

Spain is set to implement fast-track trials and “express evictions” to address the persistent issue of squatting, following a key amendment to existing legislation. The changes, designed to expedite the legal process for reclaiming properties from squatters (referred to as okupas in Spain), aim to address a problem that has increasingly polarized Spanish society.

Legislative Background and Approval Process

The recent amendment to Article 795.1 of the Criminal Procedure Code introduces a shortened legal procedure for burglary and unlawful entry offenses. This change was unexpectedly advanced when the Basque party EH Bildu mistakenly supported the amendment in a parliamentary vote, tipping the balance in favor of its approval. The draft has now moved to the Senate, where the Partido Popular, holding an absolute majority, is expected to ensure its ratification.

Streamlining the Eviction Process

Under the amended law, squatting offenses will be processed through “fast-track trials,” dramatically reducing the time required for legal resolutions and subsequent evictions. Key procedural changes include:

• Arrest and Summons: Once an offender is arrested, the judge must summon them to court within 72 hours, with police providing necessary reports and documentation.
• Trial Scheduling: A trial date will be set within 15 days of the summons.
• Judgment Timeline: Following the trial, the judge will deliver a sentence within three days.

These accelerated timelines aim to resolve cases within weeks, compared to the months or even years that eviction cases currently take.

Addressing a Widespread Problem

Squatting has become a contentious issue in Spain, with figures from the Interior Ministry reporting over 15,000 illegally occupied properties by the end of 2023. Current eviction processes are often lengthy and costly, with La Razón estimating that 80% of cases take between four and nine months, while others can drag on for two to three years in some regions.

A peculiarity in Spanish law previously allowed squatters to shift cases to standard trial procedures once they had occupied a property for more than 48 hours, further delaying eviction processes. The new fast-track approach aims to close this loophole and ensure quicker property recoveries.

Implications of the Changes

The amendment represents a significant shift in handling squatter-related offenses. By prioritizing swift judicial action, landlords will be able to regain their properties more efficiently. However, the reform is also likely to spark debate about the balance between property rights and addressing housing insecurity, a key issue underlying the squatting phenomenon.

Next Steps

The final details of the legislation will be confirmed once the Senate formally approves the amendment and it becomes law. Observers expect additional clarifications on how these new procedures will be implemented and their practical impact on both landlords and affected communities.

This legislative reform marks a turning point in Spain’s approach to squatting, addressing one of the country’s most pressing social and legal challenges.