{"id":6069,"date":"2025-10-14T11:49:31","date_gmt":"2025-10-14T09:49:31","guid":{"rendered":"https:\/\/rodriguezturabogados.com\/?p=6069"},"modified":"2025-10-20T12:34:14","modified_gmt":"2025-10-20T10:34:14","slug":"having-your-home-occupied","status":"publish","type":"post","link":"https:\/\/rodriguezturabogados.com\/en\/librarium\/having-your-home-occupied\/","title":{"rendered":"Having Your Home Occupied: What to Do"},"content":{"rendered":"\t\t
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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\u2019s important to know that there are legal mechanisms available to act and regain control of the situation.<\/p>\n


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At Rodr\u00edguez Tur Abogados<\/strong>, 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.<\/p>\n


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This article is designed to give you clear and professional guidance on what to do if your home has been occupied. We won\u2019t promise miraculous solutions, but we will explain what the law allows, what you should avoid, and how we can help you recover your property.<\/p>\n


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What Does the Law Say About Illegal Occupation?<\/strong><\/h2>\n
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When a property is occupied without the owner\u2019s 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.<\/p>\n


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Usurpation \u2013 Article 245 of the Criminal Code<\/strong><\/h3>\n
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The crime of usurpation<\/strong> 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\u2019s authorization.<\/p>\n


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Article 245.2 of the Criminal Code:<\/strong>
<\/strong> \u201cAnyone who, without proper authorization, occupies another person\u2019s 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.\u201d<\/p>\n

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Source:<\/strong> Criminal Code \u2013 BOE<\/a><\/p>\n


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This type of occupation is the most common in what is colloquially known as \u201csquatting\u201d<\/em> and is generally prosecuted under criminal law, although in some cases it may also be addressed through civil proceedings.<\/p>\n


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Trespassing \u2013 Article 202 of the Criminal Code<\/strong><\/h3>\n
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On the other hand, if the occupants have entered a primary residence<\/strong> (the real and personal home of the owner or resident), the situation constitutes a more serious crime: trespassing<\/strong>.<\/p>\n


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Article 202.1 of the Criminal Code:<\/strong>
<\/strong> \u201cAny individual who, without residing therein, enters another person\u2019s home or remains in it against the will of its inhabitant shall be punished with imprisonment from six months to two years.\u201d<\/p>\n

Source:<\/strong> Criminal Code \u2013 BOE<\/span><\/p>\n


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This type of occupation allows for a faster response by law enforcement authorities, even without a court order, since it violates a fundamental right<\/strong>: the inviolability of the home (Article 18.2 of the Spanish Constitution).<\/p>\n

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\"ley<\/figure>\n

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Differences between usurpation “occupation” and trespassing<\/b><\/h2>\n


<\/p>\n\n\n\n\n\n\n\n
Concept<\/strong><\/td>\n
Usurpation (Art.245 Criminal Code)<\/strong><\/td>\n
Burglary\/Trespassing (Art. 202 Criminal Code)<\/strong><\/td>\n<\/tr>\n
Type of property<\/td>\nEmpty or non-habitual dwelling<\/td>\nUsual residence of the occupant<\/td>\n<\/tr>\n
Severity on the crime<\/td>\nLesser<\/td>\nGreater<\/td>\n<\/tr>\n
Penalty<\/td>\nFine<\/td>\nImprisonment (up to 2 years)<\/td>\n<\/tr>\n
Police intervention<\/td>\nRequires a court order<\/td>\nInmediate action possible<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/h2>\n

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Latest Legal Reforms (Anti-Squatting Law)<\/strong><\/h2>\n

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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.<\/p>\n


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Among the most relevant measures:<\/h2>\n

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