Squatting is one of the biggest fears of homeowners. Although in Spain its trend is downward, the worry persists, as indicated an OCU survey carried out last May, where 34% of those surveyed considered that squatting was a major problem.
Given this situation, the lawyer Paula Zotofrom Le Morne Brabant Abogados, has clarified some doubts about what to do and what not in the event that our home is occupied.
First of all, it is possible distinguish between trespass and usurpation of real estate. While the break-in – punishable by between 2 and 5 years in prison – occurs when a habitual residence is occupied, whether it is a first or second residence, the usurpation —a minor crime with a fine of 1 to 4 months— is the occupation of a property owned by banks or an empty home.
In the event that the home is uninhabitedindicates the lawyer, “the eviction will not be immediate.” “Normally, the details of the people who are using the home without consent are not known, so you must go to a civil eviction procedure because it is precarious, in which the lawsuit is directed generically against the unknown occupants of the property,” he adds.
Likewise, Zoto has denied that a home purchase receipt or a nearby laundry is sufficient proof that the squatter has made real and effective use of a home. “The documents that could be valid are receipts or documents related to the water, gas, telephoneetc. It has to be a official document and that proves that, indeed, that person has converted that apartment into his or her home and that he or she has made real and continuous use of it over time. Not just any proof is worth it,” he clarifies.
In the event that our home has been squatted, the lawyer advises against intimidating the squatters and recommends, instead, try to reach some kind of agreement. “The usual modus operandi is to carry out a thorough study of each squatter, of their way of life, going so far as to record them in case they have any problems. Normally, it is about reaching an economic agreement that, in many cases, takes effect. , which is completely valid, since it governs the will and autonomy of the parties,” he indicates.
The fundamental thing is not to break the law, warns this lawyer. “When a home constitutes the habitual abodewhether it is our first home or a second home in which we spend
seasons (for example, vacation residences) those people who enter and live there without our permission on our property will be committing a crime of breaking and entering“, he maintains.
For this reason, “The Police can intervene in the eviction of the illegal occupants of the home, as long as it is proven that it is the habitual residence of the owner”.
Another warning that Zoto points out that should not be done under any circumstances is cut off the water or electricity of the home that has been squatted. “Many people may think that this would be the quick way to get them to leave the property, but the truth is that no, what this would achieve is that the occupants stay longer in the home and a possible prison sentence for us, the remedy being worse than the disease,” he warns.
Despite growing concern about squatting, the most recent official figures available show that They fell 8.8% in 2023 compared to 2022according to data from the Ministry of the Interior, which last year recorded 15,289 criminal offenses related to the usurpation or burglary of property.
In the first six months of 2024the courts have registered 1,202 procedures for illegal occupation of homes, 15.3% less than in the same period of 2023, when 1,419 were registered, according to data from the General Council of the Judiciary (CGPJ).
The trend is decreasingsince in 2023 a total of 2,261 procedures of this type were registered, 18.8% less than in 2022.
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