Faster and More Effective: New Legislation Against ‘Okupas’ in Spain

Illegal home occupation, commonly known as ‘okupas,’ is a growing problem in Spain. This can cause significant concerns for property owners who discover their property has been occupied without permission. Fortunately, the new legislation, approved on December 19, 2024, offers a solution: faster procedures to reclaim your property. In this blog, you’ll learn everything you need to know about the desahucio express (quick eviction procedure) and how it works.

What is a ‘Desahucio Express’?

The desahucio express is a legal procedure allowing property owners to evict illegal occupants quickly. Previously, an eviction process could take up to two years on average, but the new legislation significantly shortens the timeline. In some cases, eviction can now take place within just 15 days.

What changes with the new legislation?

With the latest legal amendments:

• Cases of unlawful entry and property occupation (usurpación) are processed through fast-track procedures, speeding up court resolutions.
• The shortened timeline does not apply to cases of inquiokupación (tenants failing to meet their obligations).

How does the Desahucio Express work?

The procedure is outlined in the Ley de Enjuiciamiento Civil (LEC) and includes the following steps:

1. Filing the complaint The owner files the complaint in the region where the property is located. The complaint is often directed at ‘unknown occupants’ because the okupas' identities are usually unknown. You’ll need a lawyer and proof that you are the legitimate owner.
2. Admissibility of the complaint Within one month of filing, the court decides whether to admit the case. If the owner requests immediate repossession, the okupas have 5 days to present a valid document justifying their presence.
3. Notification to the okupas The court or a bailiff informs the occupants about the complaint. If they fail to provide valid proof, a court order for eviction follows.
4. Eviction (Lanzamiento) If the 5-day period lapses without valid evidence from the occupants, the court sets a date for the eviction. On this date, the property is vacated, often in the presence of judicial officers. This decision is non-appealable.

What does this mean for property owners?

For owners of second homes or holiday properties in Spain, the new legislation provides greater assurance. It is now possible to act more swiftly against illegal occupation, which is particularly important if you reside abroad.

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