What happens if a squatter enters my habitual residence? This is what Spanish law says about these cases

To answer this question, first of all it is necessary to differentiate between trespass and usurpation. The first occurs when an inhabited home is invaded, be it the habitual residence or a vacation home. The key is that it is a space where the owner resides permanently or periodically, such as in the summer. On the other hand, usurpation occurs in uninhabited properties or abandoned.

The essential difference between trespass and usurpation lies in whether the property is a residence, that is, a place where a person develops his or her private life, as established in the Constitution. In this context, the dwelling is inviolable, which means that its squatting will always be illegal and will constitute a crime. So, can they squat our habitual residence? The answer is no. If this happens, it would be a criminal trespass and, in theory, the eviction should be quick and easy.

Whether it is a main residence or a vacation home, housebreaking allows for the immediate eviction of squatters. The police can act without the need for a court order if it is shown that the home is inhabited, that is, that it is furnished and that the electricity and water supplies are functioning.

What to do in the event of a home invasion?

In cases of burglary, it is vital that the owner can prove that he or she lives in or regularly uses the home. If it is a second residence, it is recommended have evidence periodic stay, such as utility bills or documents proving frequent visits. This procedure is applicable regardless of how long the squatters have been in the home, since it is the owner’s residence.

However, if squatters invade an uninhabited home, we would be facing usurpation, which is more difficult to resolve. In these cases, the eviction requires a court orderwhich can take years. If, in addition, the squatters declare themselves vulnerable, the process can be much longer.