The occupation of homes has become one of the most worrying issues in the Spanish real-estate market. According to the latest data from the Ministry of the Interior (Spain), in 2024 more than 16,400 reports of trespass and home invasion were filed — up 7% from the previous year.
Although the numbers may seem small compared to the total number of homes in Spain, the impact on affected owners — often families with a second home or small investors — is huge.

Behind the increase in occupations there are several factors:

• the lack of public and social housing,
• the rising cost of rent in large cities,
• and legislation that many consider insufficiently protective of property owners.
  

According to legal experts specialized in real estate law, Spain still lacks a swift and balanced legal framework that guarantees the right to housing without putting the right to private property at risk.

Types of occupation: not all cases are the same

In practice, there are three main forms of occupation, and each requires a different approach:

1. Home invasion (“Allanamiento de morada”)
   
   This is when someone occupies your primary residence — the space where you live and develop your private life.
   It is a serious crime, and the police can act immediately if it is proven that it is your home.
   It’s enough to present documents that prove ownership or habitual use (invoices, receipts, correspondence, etc.).
   
2. Usurpation of a vacant/home (Usurpación de vivienda)
   
   This affects empty homes or second homes that are not considered a primary residence.
   Here the process is slower and more complex, because judicial authorization for eviction is required.
   The problem is that this crime is considered “minor” (fine of 3 to 6 months), so processes can be stretched out for a year or more.
   
3. “Inqui-occupation” (Inquiokupación)
   
   This is an increasingly frequent phenomenon: tenants who stop paying rent but do not leave the property.
   In these cases, they entered legally through a contract, but deliberately fail to fulfill their obligations.
   The fastest way is eviction for non-payment, although it can also be reported as fraud if bad faith or document falsification is proven.

The reality behind the problem

Spain is one of the countries in Europe with the smallest proportion of social housing — barely 2.5%, compared to more than 10% in countries such as France or the Netherlands.
This shortage creates tension in the rental market and leaves thousands of vulnerable families without housing alternatives.

On the other hand, the judicial process to recover a home can be extended from 6 to 24 months, depending on the type of offence and the court.
Although the new Law of Efficiency of Public Service Justice (Spain) promised evictions in 15 days, the truth is it only applies in cases of flagrant invasion or when violence is involved. In practice, most occupations do not fall into that category.

What can an owner do if they suffer an occupation?

• Call the police immediately.
  If it is your primary residence, they can act directly. The sooner you act, the more options you have for immediate recovery.
• Gather evidence.
  Ownership documents, electricity/water/gas bills, photos and any proof of use or residence are essential.
• Avoid taking justice into your own hands.
  Cutting off utilities, changing locks or entering by force may be considered coercion offences.
  It’s best to consult a specialist lawyer or accredited mediation company.
• Consider the fastest route.
  In non-violent cases, many owners choose to negotiate a voluntary exit with the occupiers.
  Although it may feel unfair, sometimes paying to recover the home is faster and cheaper than a long legal battle.

Impact on communities and neighbourhoods

Occupation not only affects the owner, but also the whole homeowners’ association.
Occupiers usually don’t pay community fees, maintenance or common services, which leads to deterioration, insecurity and conflicts.
In areas with multiple cases, sale and rental prices can drop by 10%-20%, according to data from Idealista.
Also, the legal uncertainty discourages investment in housing, affecting the rental market and the overall supply of available homes.

Prevention: how to protect your home

• Install alarm or video-surveillance systems with immediate police alert.
• Avoid leaving the home vacant for long periods.
• Take out specific insurance against occupation (becoming more common and affordable).
• Keep utilities active, as they demonstrate habitability.
• Don’t publicly announce long absence periods (holidays, trips, etc.).

The shift in social mindset

The good news is that Spanish society’s perception of occupation has changed.
While a decade ago there was a certain tolerance, today there is a collective awareness of rejection — among citizens and the courts alike.
This social pressure has driven greater judicial and media sensitivity, which could soon result in clearer laws and faster procedures.

In conclusion, occupation is a real and complex problem that blends social, legal and economic factors.
Although the legislation is still slow, acting promptly, seeking good advice and preventing are key to minimising risks.

At Munfort Inmobiliaria, we advise owners who wish to sell, rent or protect their home on the Costa Blanca and Costa Cálida, providing up-to-date information and legal support from our expert collaborators.
Because a home is not just a material asset: it’s your space, your peace of mind, and your legacy.