Faster Eviction of Illegally Occupied Properties in Spain
Illegal squatting of houses in Mallorca and throughout Spain can now be ended more quickly. On April 3, a legislative amendment came into effect that allows the forcible eviction of occupied residential and commercial properties within approximately 15 days. Previously, such procedures could take several years.
Accelerated Procedure for Faster Evictions
The core of the reform is an abbreviated procedure for the crimes of “usurpation” (unlawful appropriation) and “house trespass.” Decisions are expected to be made within seven to eight days, with the subsequent eviction taking only a few days. Homeowners can also request special judicial measures to further expedite the process. Socially vulnerable persons covered by a special regulation from the central government are exempt from the new rule.
Judicial Problems Could Delay Implementation
Although politicians describe the legislative amendment as “very positive,” they still see room for improvement. The issue is that Justice Minister José Félix Bolaños did not provide enough resources to allow the courts to work more efficiently. Already, judicial processes are burdened by staff shortages and delays.
A report by the Institute for Economic Studies (IEE) shows that the Balearic Islands are among the regions with the highest squatting rates relative to the number of vacant properties. Against this backdrop, the institute is demanding that the Speaker of the House of Representatives, Francina Armengol, promote an anti-squatting law submitted by the PP, which is currently blocked in Congress.
Demand for Further Strengthening
Politicians are pushing for forcible evictions to be carried out even more quickly – ideally within 24 hours of an occupation. However, even the new expedited procedure could put additional pressure on already overburdened courts. Furthermore, the government under Pedro Sánchez is being criticized since the state housing law creates uncertainties for landlords. Tenants could declare themselves “vulnerable,” avoid paying rent, and still not be evicted. This leads many homeowners to leave their properties vacant rather than renting them out.
The legislative amendment, which now comes into force, is expected to shorten many lengthy eviction procedures. Whether the judiciary will be able to meet the ambitious deadlines remains to be seen.
