Having your home occupied is one of the most distressing situations a property owner can face. The helplessness of seeing someone enter your home without permission, the legal uncertainty, and the fear that the process will drag on or become complicated are all very common emotions in these cases. However, it’s important to know that there are legal mechanisms available to act and regain control of the situation.
At Rodríguez Tur Abogados, we have advised and represented numerous property owners who have faced this situation. We know that with quick action, legal knowledge, and a clear strategy, it is possible to recover possession of the property without resorting to force or risking penalties.
This article is designed to give you clear and professional guidance on what to do if your home has been occupied. We won’t promise miraculous solutions, but we will explain what the law allows, what you should avoid, and how we can help you recover your property.
What Does the Law Say About Illegal Occupation?
When a property is occupied without the owner’s consent, it may fall under crimes against property or against the inviolability of the home, depending on the circumstances. The law distinguishes between several types of occupation, and it is crucial to correctly identify the specific situation in order to determine the appropriate legal route.
Usurpation – Article 245 of the Criminal Code
The crime of usurpation occurs when someone occupies, without violence, a property that does not constitute a dwelling (for example, a second home, a vacant property, or an inherited one) without the owner’s authorization.
Article 245.2 of the Criminal Code:
“Anyone who, without proper authorization, occupies another person’s property, dwelling, or building that does not constitute a residence, or remains there against the will of its owner, shall be punished with a fine of three to six months.”
This type of occupation is the most common in what is colloquially known as “squatting” and is generally prosecuted under criminal law, although in some cases it may also be addressed through civil proceedings.
Trespassing – Article 202 of the Criminal Code
On the other hand, if the occupants have entered a primary residence (the real and personal home of the owner or resident), the situation constitutes a more serious crime: trespassing.
Article 202.1 of the Criminal Code:
“Any individual who, without residing therein, enters another person’s home or remains in it against the will of its inhabitant shall be punished with imprisonment from six months to two years.”
Source: Criminal Code – BOE
This type of occupation allows for a faster response by law enforcement authorities, even without a court order, since it violates a fundamental right: the inviolability of the home (Article 18.2 of the Spanish Constitution).
Differences between usurpation “occupation” and trespassing
| Concept | Usurpation (Art.245 Criminal Code) |
Burglary/Trespassing (Art. 202 Criminal Code) |
| Type of property | Empty or non-habitual dwelling | Usual residence of the occupant |
| Severity on the crime | Lesser | Greater |
| Penalty | Fine | Imprisonment (up to 2 years) |
| Police intervention | Requires a court order | Inmediate action possible |
Latest Legal Reforms (Anti-Squatting Law)
In recent years, and especially since 2023, several legislative reforms have been introduced to speed up eviction procedures and strengthen the protection of property owners.
Among the most relevant measures:
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- The possibility of requesting a fast-track eviction through civil proceedings (Law 5/2018).
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- Strengthening the role of the owner as a direct claimant.
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- Greater coordination between courts and law enforcement to prevent delays.
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- Limiting abuses in the claim of “social vulnerability” by occupants.
These measures have been promoted in response to the growing number of illegal occupations in Spain and aim to provide effective tools for those who, like you, have been unjustly deprived of their property. In this article, we explain whether the express eviction procedure is the best option for your case.
What to Do Legally If Your Home Has Been Occupied
Once you discover that your property has been occupied, it’s essential to act quickly — but always through legal means. Many owners are tempted to take matters into their own hands (changing locks, cutting utilities, entering by force…), but doing so can seriously harm their legal position and even lead to criminal charges.
From our experience as lawyers in these types of cases, these are the steps we recommend:
1. File a Complaint with the Police
Go to the nearest police station (National Police, Civil Guard, or Local Police) and file a complaint for usurpation or trespassing, depending on the circumstances.
You will need to provide as much documentation as possible to prove ownership of the property:
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- Property deed
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- Property tax (IBI) or utility bills
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- Certificate of residence (if it was your habitual home)
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- Photos, witness statements, or any other evidence showing ownership and lack of authorization
In this article, we detail the required documentation to initiate an eviction or repossession. Filing the complaint is the first step to trigger judicial proceedings and, in some cases, police intervention.
2. Do Not Take Matters into Your Own Hands — You Could End Up Reported
Even if you’re angry or desperate, never try to enter the property by force, cut off utilities, or confront the occupants directly. Such actions may be considered crimes of coercion, trespassing, or even bodily harm if physical altercations occur.
Remember: being right does not protect you under the law if you act outside of it.
3. Assess Whether to Pursue the Criminal or Civil Route
The criminal route is the most common when there is clear evidence of a crime (trespassing or usurpation). You file a complaint, and the case proceeds before the investigating court, which can include a request for eviction and precautionary measures.
The civil route, especially after Law 5/2018, allows property owners to initiate an express eviction proceeding when the occupants cannot be identified or there is no legal contract justifying their presence.
We will help you assess which route is most effective in your specific case.
4. Gather Evidence and Documentation
Anything that proves you are the legitimate owner or titleholder — and that the occupants have no legal right to be there — strengthens your case and speeds up the process. Common evidence includes:
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- Deed of sale or inheritance
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- Property registry or cadastral certificate
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- Utility contracts in your name
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- Recent photos of the property (inside and outside)
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- Statements from neighbors who saw the occupants enter
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- Notarial records, if any were made
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- Certificate of residence (if you lived there)
5. Request Precautionary Measures
If the occupants are causing damage or there is a risk of loss or deterioration of the property, we can ask the judge to issue precautionary measures such as:
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- Prohibiting any modification to the property
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- Removal of dangerous objects or installations
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- Judicial inspection orders
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- Urgent measures if minors or animals are involved
These requests are made within the criminal or civil procedure and help prevent further damage while the case is ongoing.
6. Pay Attention to the Occupants’ Vulnerability
If the occupants claim to be in a situation of vulnerability (for example, families with minors), the process may become more complex. In such cases, the judge can request reports from social services before authorizing eviction.
This doesn’t stop the process but can delay it or impose additional conditions. That’s why it’s crucial to have legal counsel from the very beginning.
Real Case: How We Recovered an Occupied Property
At Rodríguez Tur Abogados, we have represented many property owners affected by illegal occupation. One of our most recent and illustrative cases involved a property in the center of Sant Antoni, Ibiza.
Our client, a young homeowner, discovered that his property had been illegally occupied. Since it was not his habitual residence, the case legally qualified as usurpation, under Article 245 of the Criminal Code.
From the outset, we took charge of the case, filing a complaint and acting as private prosecutors in the criminal proceedings. We submitted all documentation proving ownership and reports showing that the occupants had no legitimate title.
The Court of Instruction No. 2 of Ibiza issued a conviction against the occupants, imposing a €360 fine on each. Although the fine was modest due to the offenders’ economic circumstances, the most important outcome was that the court ordered the return of the property to its rightful owner — successfully achieving the main goal: recovering the home.
This case is further proof that acting decisively, within the law, and with professional legal support, works. Many owners fear filing a complaint or believe the process will take forever, but experience shows that with the right legal strategy, you can recover what belongs to you.
You can read the Onda Cero news article about this Ibiza case where we recovered our client’s home.
What Should I Avoid If My Home Has Been Occupied?
We understand the frustration, helplessness, and even anger that discovering someone has occupied your home can cause. However, one of the biggest mistakes a homeowner can make is to act independently. What you do in those first moments can determine the entire legal process that follows.
Below, we clearly explain what you should NOT do if your property has been occupied:
Do Not Change the Lock Yourself
Even if you are the owner, forcing entry or changing the lock can constitute a crime of coercion or trespassing, especially if the occupants are already inside. If you act without judicial authorization, you could end up being the one reported.
Do Not Cut Off Utilities (Water, Electricity, Gas)
Some property owners believe that cutting off the utilities will make the occupants leave voluntarily. However, this practice has been deemed by the courts as coercion or an illegal pressure tactic, and it can lead to criminal penalties.
Do Not Threaten or Confront the Occupants Directly
Any kind of confrontation, threat, or physical altercation can be used against you in court. Moreover, the occupants may report you for harassment or assault, making the legal situation even more complicated.
Do Not Sit Back and Do Nothing
Time works against you. If you do not file a complaint, the occupants may claim good faith or a consolidated situation, making eviction much more difficult—especially through civil proceedings. The sooner you act, the better your chances of recovering your property.
Do Not Assume the Police Can Always Act Immediately
In cases of usurpation (second homes, vacant properties), the police need a court order to intervene. They can only act immediately in clear cases of trespassing (primary residence). That’s why it’s crucial to initiate legal proceedings as soon as possible and provide proper evidence.
In Summary
We understand—it’s your home, your property, and your right. But acting out of desperation or misinformation can actually cause you to lose that right in the eyes of the law. The smartest and most effective approach is to let lawyers specialized in property recovery handle the process, protecting your interests and restoring your ownership with full legal guarantees.
Why You Should Hire a Lawyer Specialized in Squatting Cases
When it comes to illegal occupation, time and strategy are everything. It’s not enough to simply file a complaint and wait. Every step must be taken with a solid understanding of the law, procedural efficiency, and practical experience in these types of cases.
At Rodríguez Tur Abogados, we have assisted many property owners in this situation, and we know that the difference between recovering your property in weeks or months (or not recovering it at all) often depends on how the case is handled from the very beginning.
Here are some key reasons why working with a lawyer specialized in occupation cases makes all the difference:
Expertise in Criminal and Civil Procedures
We know when it’s best to act through the criminal route (for usurpation or trespassing) and when it’s more effective to use the civil express eviction process. This ensures faster results and avoids procedural errors that could unnecessarily delay the case.
Experience Handling Vulnerability Claims
Many occupants try to delay or halt proceedings by claiming social vulnerability. We have handled numerous cases like these and know how to counter such claims with strong evidence, case law, and solid legal arguments.
Coordination with Courts and Law Enforcement
Having a direct and efficient relationship with courts and police forces helps speed up the enforcement of eviction orders once a ruling is issued. A judgment alone isn’t enough — you must know how to make it effective.
Strong Drafting of Complaints and Lawsuits
A well-drafted complaint or lawsuit, supported by solid evidence and clear legal references, convinces the judge and strengthens your case from the outset. We avoid ambiguities or gaps that could be exploited by the opposing party.
Full Representation Throughout the Entire Process
We guide and represent you every step of the way, from filing the initial complaint to regaining physical possession of your home. Our priority is to ensure that you don’t face this complex situation alone and that you recover your property with as little stress as possible.
Lawyers Specialized in Property Recovery
The illegal occupation of a home is a profoundly unfair and distressing situation for any property owner. However, the law does provide tools to defend your right to reclaim what’s yours — as long as you act quickly, knowledgeably, and with the right legal guidance.
At Rodríguez Tur Abogados, we have spent years helping people like you who have found themselves overwhelmed by the occupation of their property. We know how to act, when to act, and, most importantly, how to achieve effective results in the shortest possible time.
We have successfully recovered properties for our clients even in cases that seemed impossible, such as one we recently resolved in Ibiza. If your property has been occupied, don’t wait for the situation to get worse — every day counts.
