The Three Types of Illegal Occupation in Spain: How to Recognize Them and What to Do
- Alexandre Strumeyer
- Nov 16
- 3 min read
The phenomenon of illegal occupation raises many doubts and often causes confusion. Not all occupations are the same, and they are not treated equally under the law. There are three types of illegal occupation in Spain, each with a different legal approach: burglary of a dwelling, property usurpation, and “tenant occupation” (inquiokupación).In this article, we explain what each one consists of and what you can do if you find yourself in such a situation.
1. Burglary of a dwelling (Allanamiento de morada)
Burglary of a dwelling occurs when someone enters or stays in your main residence without your permission The place where you conduct your family, intimate, and private life.A second home (for example, a house at the beach or in the countryside) may also be considered a dwelling if you can prove regular use and the presence of your personal belongings.
What to do if someone occupies your main residence?
Call the police immediately.
It is essential that the police report clearly states that the property is your residence and that the occupation occurred without your authorization.
In this case, the police can evict the occupants immediately and arrest them.
The issue arises when it is unclear whether it is truly your residence. If the occupant presents a contract (even a fake one) or documents such as bills or municipal registration, the police cannot intervene directly and the matter goes to a judge.
In such cases, the process can take longer until the judge decides whether an eviction is appropriate.
Tip: Having up-to-date documentation (receipts, recent photos, municipal registration, etc.) proving that you actually live there greatly helps police intervention.
2. Property usurpation
Usurpation occurs when someone occupies an empty property or an uninhabited building — a place that is not anyone’s home.In these cases, personal or family privacy is not violated, but the property owner’s rights are.
What can be done in cases of usurpation?
If the occupation is recent and considered a flagrant crime, the police may intervene directly.
If there has been violence or threats, the case is processed through a fast-track procedure, speeding up the resolution.
But if there is no violence, the case follows the ordinary criminal procedure, a slower process that can take between 6 and 9 months.
And if the occupants are considered vulnerable (for example, they have minor children or limited resources), the eviction may be delayed up to 2 years.
Tip: Acting quickly is crucial. The sooner you file a report, the more likely the police can intervene without waiting for a judge.
3. “Tenant Squatting”: when a tenant becomes an illegal occupant
“Tenant Squatting” is an increasingly common situation. It occurs when a tenant with a valid rental contract stops paying rent and refuses to leave the property.Initially, the possession was legitimate, but once payments stop and the tenant refuses to leave, it becomes an unlawful occupation.
What to do when dealing with a tenant-occupier?
If the owner can prove that the tenant entered with bad faith — using false or misleading documents (such as fake payslips or invented employment contracts) — the case may even be considered fraud.
However, in most cases the process must follow the civil path, with an eviction lawsuit for non-payment of rent.
Tip: Before renting out your property, thoroughly check the tenant’s solvency. Requesting payslips, guarantees, or rental default insurance can prevent many future problems.
And what if you don’t want to go to court?
There is always the option of trying to negotiate directly with the occupant.Some owners reach financial agreements so that the occupants leave the property voluntarily.If you don’t feel able to handle the situation yourself, there are specialized companies that negotiate and manage the process legally.However, in a state governed by the rule of law, the definitive solution always goes through the courts, especially if negotiation fails.
Conclusion
Not all illegal occupants are the same, and not all occupations are treated the same way.Knowing whether you are facing burglary of a dwelling, usurpation, or tenant occupation is key to taking the correct actions.Speed, proper documentation, and legal advice make all the difference.And remember: when facing any occupation, stay calm, act within the law, and seek professional help.
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Alexandre Strumeyer, EMBASSY Costa Del Sol, MARBELLA
Your real estate agent in marbella,
real estate advisor in Marbella, Costa Del Sol, Andalusia, Spain
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