How to protect a house in Spain from seizure: main risks and effective measures.

The Problem of Illegal Occupation in Spain

Spain has traditionally attracted foreigners due to its mild climate, abundant tourism opportunities, and a relatively stable growth in the real estate market. However, along with the country's popularity, homeowners face a serious concern: the occupation (illegal settlement) of residential properties. The so-called okupas can take over a vacant house and use it for several months while the owner tries to resolve the issue through the courts. Below we explain how to minimize the risk of property capture and effectively protect your home.

Why the Problem of Property Capture Is So Pressing

The issue intensified after the 2008 crisis when, for the purpose of social support, some families in Spain were granted the right to temporarily stay in a property without payment. However, unscrupulous individuals also took advantage of this law by moving into others' apartments without the owners' consent. It took years for amendments to be adopted that speed up the eviction process, such as Law 5/2018, which provides for "express eviction" (rapid clearance of a property) when the owner holds the deed. Despite these changes, the problem persists.

Which Properties Are Most Vulnerable to Squatting

Generally, the risk of occupation is higher for properties that remain unattended for long periods. Most often this includes:

• Bank or corporate properties whose owners rarely appear on the premises.
• Inexpensive apartments in troubled neighborhoods where there is little oversight from neighbors or security.
• Vacation properties that owners use only a few times a year without installing an alarm system or video surveillance.

From the occupiers' point of view, the key factor is the absence of the owner for 48 hours. If during that time the okupas manage to settle in, the law prevents the police from evicting them immediately and a legal process begins.

Main Concerns of Homeowners and Ways to Resolve Them

1. Fear of Lengthy Legal Battles

Many fear that the problem of illegal occupation will drag on for months and require significant expenses. To speed up the process it is essential to:

• Respond immediately. At the slightest sign of a break-in, call the police at once.
• Have the deed in hand. This will facilitate "express eviction" in accordance with the law.
• Obtain legal defense insurance. Such insurance covers legal costs and simplifies the eviction of the occupiers.

2. Concerns for the Security of the Home During Absence

Owners who do not reside permanently in Spain are especially worried about the integrity of their apartment. Solutions include:

• Alarm systems. Installing motion sensors and a panic button allows the police to respond quickly.
• Smart home. A mobile application and remote control of door locks and electrical supply make unauthorized access more difficult.
• Video surveillance. Online access to cameras, along with sensors that send alerts via SMS, helps to immediately report any break-in.
• Additional doors and bars. These are especially important for the lower and upper floors or villas with private courtyards.

3. Risk of Dealing with Dishonest Tenants

Often the occupiers are individuals who stop paying rent (or sometimes there is no rental contract at all). To protect yourself:

• Check financial reliability. Require a rental deposit, request income statements or guarantees.
• Draw up a sound rental contract. Include clauses on early termination and liability for non-payment.
• Use financial protection. There are specific insurance products that cover losses due to non-payment, such as rental non-payment insurance.

What Entitles You to Express Eviction

Law 5/2018 introduced an important mechanism of "express eviction" that allows a property to be recovered within a few weeks. To do this you need to:

• Immediately file a complaint with the police and the court, presenting the property documents.
• Wait for an official notice to be served to the occupiers, after which they have 5 days to justify their right to the property.
• If they do not provide legal arguments, the court grants the police the right to evict the okupas.

Practice shows that the earlier the occupation is detected, the faster and cheaper the legal procedures are completed.

How to Buy Property in Spain and Minimize the Risk

If you are planning the purchase of a property, consider a number of factors:

• Avoid "suspiciously cheap" properties in problematic areas. A low apartment price may indicate a high risk of illegal occupation.
• Choose a well-to-do neighborhood where there is security, a concierge, or an active homeowners association.
• Immediately arrange for home insurance or legal defense insurance to protect yourself from potential legal expenses.
• If you need to obtain residence permit, consult specialists to complete the purchase correctly and avoid bureaucratic complications.

Financial Protection and Insurance

Obtaining an insurance policy for homeowners is important not only when renting out a property but also for planned residence. The insurance can cover:

• Legal services and expert assessments.
• Costs for repairs in case the property is damaged.
• Legal expenses if there is a need to evict from the property.

Often, legal defense insurance for homeowners proves to be more cost-effective than paying for lawyers and security services on your own.

Support from Neighbors

To strengthen security, it is important to keep in touch with neighbors. If there is a high demand for rental in the building, entrances and courtyards are usually occupied and neighbors quickly report any unusual activity. In more secluded areas, it is advisable to arrange for your acquaintances or property management company to periodically check the property. Well-organized inspections help prevent the capture of the property.

Conclusion

Although the problem of illegal occupation in Spain has not been completely eliminated, homeowners have sufficient means to ensure security. Alarm systems, smart home, homeowner insurance and clearly defined rental terms significantly reduce the risk. Moreover, it is essential to follow the advice of professionals and take timely legal measures. In the long term, these steps will help preserve your property intact and make the rental market more transparent and secure.