Immediate Legal Action is the best way to regain your Holiday Home from Squatters in Spain

The continuing issue of squatters inhabiting the holiday homes of British nationals can be difficult but not impossible to resolve. All absentee home owners are vulnerable to the opportunist squatters in Spain. The rising homelessness and the popularisation of the "squatting" movement in Spain provokes families to take this step. Unlike the law in England & Wales, Spanish law is slanted towards the homeless and squatting in empty properties is not regarded in the same way. Article 47 of the Spanish constitution which states that all Spaniards have the right to enjoy decent and adequate housing and the recent Law 12/2023 of 24 May on the right to housing are the legal gateway through which the squatters can gain a period of time residing in a house that does not belong to them.

Giambrone & Partners’ real estate lawyers explain that under Spanish law squatters can only be instantly evicted from the property by the police with no requirement to apply to the courts, through a small window of time, 48 hours, from when the owner discovers the invasion of their home because the squatter is caught “in flagrante”. Unless the legal owners of a property coincidentally arrive at their Spanish holiday home within this narrow time scale, alternative legal action will have to be taken.

Albert Bertran, a Senior Associate in the Barcelona office, urges “Immediately you are made aware of squatters in your Spanish home you must inform the police immediately, this will define the point in time from which the occupation began. If you are present in Spain and can demonstrate legal ownership the police will be able to evict the squatters without recourse to the courts.” Albert further commented “if the window for immediate eviction has passed it is imperative to take legal action immediately by bringing an "interdicto posesorio", which is regulated in articles 250.1.4o and 441.1 bis Civil Procedure Rules. the sooner a legal action is commenced it reduces all risks.”

If the opportunity for immediate eviction has been lost the best possible action is to start a forceful legal action to recover your property and limit the possibility of damage or theft from your property. Giambrone & Partners’ real estate lawyers in Spain have a wealth of experience in assisting our clients with recovering holiday homes that have been seconded by squatters and successfully returning them to the rightful owners. In order to act as swiftly as possible, it is strongly advised that holiday home owners maintain evidence, not only of holding the title to and rightful ownership of the property but also evidence of your use of the property. This can be demonstrated by photographs of you and your family at the property, airline tickets and the testimony of your neighbours to demonstrate that you do indeed visit and stay in your holiday home. The more evidence of a close connection to your Spanish home the more compelling your legal action will be.

If your overarching intention is to retire to Spain in due course, this will also enforce the fact that your house is not a property rarely visited and it use would be better served by providing a home for Spanish citizens.

For more information regarding legal action to remove squatters please contact Albert's clerk Helena Balster on HB@giambronelaw.com or please click here.