Evicting Ocupas: Fast-Track Legal Steps for Owners
Spain has approved reforms to speed up the removal of illegal occupants by channeling most “ocupa” cases through the fast-track criminal procedure (juicios rápidos). In practice, judges now set a hearing within roughly 15 days and can issue a decision just days later, cutting the long delays owners often faced.
The changes apply to both home invasion (allanamiento de morada) and usurpation (occupation of properties that aren’t a primary residence), and they aim to simplify the process without altering what was already possible for immediate police action in clear break-ins.
Two scenarios to consider: if someone breaks into your primary (or even secondary) residence and you report it quickly, the police can still act immediately, often within 24–48 hours, because it’s a serious offence. Where there’s usurpation of a property that is not your home (e.g., an empty investment unit), you will now benefit from the fast-track timeline instead of the months-long waits that were common before. Notably, having minors among the occupants no longer blocks swift proceedings; cases involving families can also be resolved under the expedited timetable.
Ocupa Eviction Legal Procedure
First, report the occupation promptly. For suspected allanamiento in a home, call the police at once. For usurpation, file a criminal complaint and prepare proof of ownership (e.g., nota simple), identification, and any utility or access evidence that shows the property is yours and not legitimately rented.
The new framework’s goal is to get you in front of a judge fast, with an order that can be executed in days rather than months. While the headline timelines are encouraging, real outcomes still depend on clean documentation and a well-prepared case.
Finally, remember what these reforms do and don’t cover. They target illegal occupation; they do not apply to standard landlord-tenant disputes (e.g., non-payment after a valid lease), which continue under housing rules.
If you’re abroad or your property sits empty, consider taking preventative steps: installing robust doors and alarms, conducting regular inspections, and keeping utility contracts in the owner’s name. And if you need help, work with a reputable local lawyer or a vetted agency network (such as LPA member firms) to move fast and keep paperwork airtight.
This post is for general guidance only and isn’t legal advice; if an occupation occurs, consult a Spanish lawyer immediately.
Charlie +34 607 911 661
Stephanie +34 607 465 383
Email: info@noll-sotogrande.com
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