The problem of the squatting in Spain continues to generate great concern among housing owners. For many, the possibility that someone enter your home without permission And then face a long and expensive judicial process To recover it is a real nightmare. And, in most cases, The eviction is not immediatebut it can last for months or even years due to current laws. But why does this happen? What aspects of the legislation allow the squatters to stay in a home for so long?
To answer these issues, Julio Naveira, a Real Estate Law Lawyerhe explained in an interview in ‘Noon Cope‘ Why considers that the legal framework in Spain continues to benefit the squatters.
According to the expert, laws in Spain continue to favor the squatters because They have not been renovated to expedite evictions. Despite social discomfort and media cases that have generated great outrage, The deadlines to recover a house are still excessively long. “To achieve effective eviction, the delay in the recovery of the possession of the property becomes approximately two years, two and a half years,” explains the lawyer.
This means that, in practice, many owners see how their home is illegally occupied and, even being right, they cannot recover it immediately due to Judicial processes times. This situation has led some desperate owners to take extreme measures, such as try to evict the squatters by their own meanswhat can generate Additional legal problems.
In addition, the lawyer emphasizes that current legislation not only does not dissuade the offering, but in some cases even Protects the squatters. As “the last Royal Omnibus decree” that “not only extends the launches of the homes of vulnerable leases up to 79% of 2025, but also includes that extension pack for vulnerable families who have criminally occupied a house,” says the expert. This means that, under certain circumstances, families that have illegally occupied housing can benefit from measures that They further delay their eviction If they are considered Vulnerable.
A change in judicial interpretation
However, despite the rigidity of the laws, the real estate law expert explains that some judges have begun to change the interpretation of the regulations. A recent example is the decision of the Provincial Court of Barcelona, which has determined that the owners cannot be denounced for cutting the basic supplies of an out -of -time home. «What has happened is that Barcelona has reached some agreements for the province of Barcelona. In the event that there is some appeal to the Superior Court of Justice, it will have to rule, ”says Naviera.
Until now, many owners looked forced to continue paying water, light and gas from occupied home because, otherwise, they could face a Crime of coercion. However, this new decision changes the judicial landscape, although for now It only applies in Barcelona.
In addition, the lawyer mentions another important advance in the fight against the squatting, this time in the Provincial Court of Girona. «On November 22, 2024, the Provincial Court of Girona made a very important decision in relation to the occupies. In those recent occupations, understood as those that occur in the first 24 hours, police bodies must proceed to immediate eviction without judicial authorization, ”explains the lawyer. This criterion establishes that, If an squatter is detected in its early hours, Police can act immediately without the need for a judicial process Previous, something that until now only applied in cases of purple search.
However, this type of resolutions They have not extended to the entire Spanish territory. Therefore, for the lawyer, the only solution goes through a legal reform that allows Fast evictions, within 24 to 48 hoursthus avoiding that the squatters can take advantage of of judicial processes for extend your stay In the homes of others.
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