The Okupas Problem in Spain: Why German Property Owners Were at Risk – and What Has Now Changed. For years, the issue of Okupas — illegal squatters — has been one of the biggest concerns for German property owners in Spain. Many German nationals purchase vacation apartments along the coast or in Spanish cities. However, when these properties are left vacant, the risk of illegal occupation increases dramatically. These so-called Okupas often break into unoccupied homes and exploit legal loopholes to remain there for months, sometimes even years.
Foreign owners who are not permanently on-site and cannot monitor their property regularly are especially vulnerable. Even if they are the official owners listed in the land registry, they were often unable to reclaim their property quickly or easily.
As a German-speaking lawyer practicing in Spain, I have seen clients unable to use their legally owned homes for over a year. Authorities refused to intervene unless there was an immediate danger or clear evidence of violence. This created massive uncertainty among German investors, many of whom canceled planned purchases altogether.
This situation made the Spanish market less attractive for years. Only with the introduction of Law 2/2025 — in force since January 1, 2025 — has the government taken decisive action. According to G.Business, citing Renewz.de, the new legislation prioritizes ownership protection and aims to eliminate illegal squatting as a barrier to serious investment.
Okupas in Spain – A Persistent Threat and What’s Changing
As a lawyer advising German buyers in Spain — particularly in regions like Costa Blanca, Mallorca, and Andalusia — I’ve seen one term raise red flags in nearly every consultation: Okupas.
These are individuals who illegally occupy vacant properties without a rental agreement or the owner’s consent, sometimes for months or even years. The phenomenon began in the 1980s as politically motivated squatting, protesting speculation and housing vacancies. But since the 2008 financial crisis, it has taken on a new — and far more organized — form, particularly in tourist-heavy areas.
Organized groups now target specific properties: holiday apartments left unoccupied, new builds awaiting move-in, or homes owned by foreigners. German buyers are particularly affected, often only learning of the occupation weeks later — via neighbors or triggered alarms.
Why the Old Law Was a Nightmare
Until the end of 2024, Spanish law prioritized possession over ownership. Anyone physically inside a property — even unlawfully — was legally protected from eviction. Police were unable to act without a lengthy civil lawsuit, which often took 6 to 18 months.
During this period, squatters could damage the property, make unauthorized modifications, or even sublet it. Owners couldn’t renovate, sell, or rent the property — yet they were still liable for taxes and utility costs. Even clear signs of intrusion like broken locks or stolen electricity didn’t guarantee police action.
Some squatters knew the law inside and out, citing alleged verbal agreements or invoking the legal protections of minors or ill individuals. There were even groups that, for a fee, would “assign” vacant homes to others.
Many German owners felt helpless. Properties were sold at a loss — or abandoned altogether. The Okupas issue wasn’t just a personal nightmare; it damaged international trust in the Spanish real estate market.
A Turning Point: Law 2/2025 (Ley Orgánica 1/2025)
Since January 1, 2025, the new Law 2/2025, also known as Ley Orgánica 1/2025, has been in effect. It marks a legal turning point, prioritizing ownership rights for the first time in decades. The goal: to eliminate illegal occupation more quickly, protect property owners, and restore confidence among international investors — especially Germans.
What Does the New Spanish Law 2/2025 Cover
This legal package (Ley Orgánica 1/2025 and Real Decreto-ley 1/2025) aims to:
- Strengthen property rights
- Accelerate eviction of illegal occupants
- Prevent abuse of legal protections
- Balance legal security with social support
Key Points of the Law
Accelerated Eviction Procedures
- Owners can now request fast-track civil eviction within 15 days
- Condition: No valid lease or legal usage rights
- Courts must process the request urgently
Immediate Police Action
- Police can evict within 48 hours if the break-in is caught live (alarm, video, or witness)
- No need for prior judicial order in these cases (flagrante delicto)
Burden of Proof Lies with the Squatter
- Squatters must present a valid lease or usage proof within 5 working days
- If they fail, the court issues an eviction order automatically — no hearing required
Heavy Penalties for Organized Squatting
- Up to €100,000 in fines or 2 years in prison for deliberate or group occupation
- Law differentiates between individuals in need and professional networks
Social Protection — But With Conditions
- Vulnerable groups (families, elderly, sick) may receive temporary shelter via municipal agencies
- Must be registered in local social services and prove urgent need
- Illegal occupation will not be tolerated; they are referred to social housing
Other Key Measures in the Legal Reform
Regulation of Short-Term Rentals
Licenses for Airbnb-style rentals are now capped in overburdened regions such as Barcelona, Palma de Mallorca, and parts of Andalusia. Local authorities may refuse new tourist rental permits in areas experiencing housing shortages.
Info: Spanish Tourism Ministry
Digital Property Owner Portal
The Spanish government launched a central online platform where verified owners can quickly report suspected illegal occupations, file supporting documents, and track the legal process.
Access: catastro.gob.es
Expansion of Public Housing
To address homelessness and illegal squatting, Spain is investing in social housing and emergency shelter programs for low-income families and vulnerable individuals.
Social Housing Register: vivienda.gob.es
What To Do If You Suspect Okupas
Common Signs of Illegal Occupation
- Changed locks or broken doors
- Unfamiliar people entering the property
- Sudden electricity or water consumption
- Alarm triggered remotely
- Neighbor complaints or alerts
Steps to Take Immediately
- Call the police —
- Policía Nacional: 091
- Guardia Civil: 062
- Do NOT enter alone — never attempt confrontation
- Contact a Spanish real estate lawyer immediately
- Secure evidence: photos, witness statements, utility bills
- Have your property documents ready — both digital and physical copies
Can You Remove the Squatters Yourself
Absolutely not. Self-evictions are illegal under Spanish Penal Code (Art. 455). Even if you are the legal owner, forcibly removing squatters can result in criminal charges for coercion or unlawful entry. Only courts or police can carry out a legal eviction.
How the New Law 2/2025 Protects You
- Eviction within 48 hours if occupation is recent and documented (e.g. video, witnesses)
- Court-ordered eviction in 15 days if no valid lease or agreement exists
- Burden of proof lies with the squatter — they must prove legal right of residence
- Organized squatters face severe penalties: fines up to €100,000 or 2 years imprisonment
What If the Squatters Are Families or Vulnerable Individuals
In such cases, the Social Protection Clause applies:
- Police inform local social services immediately
- Authorities assess if the occupants qualify for temporary emergency housing
- Occupation is still not tolerated — social support replaces unauthorized residence
Official welfare listings: inclusion.gob.es
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