The illegal occupation of someone else's home, the so-called “squatting“, arose in Spain in the early 1980s, when the construction of affordable social housing in the country was effectively stopped, and the market prices of apartments increased sharply, as did rents. The problem was exacerbated by the economic crisis, mass unemployment and the influx of migrants.
The crisis was further exacerbated in 2020, when the coalition government of socialists, communists and left-wing populists adopted a law that prohibited the eviction of illegal and unethical tenants if they had the status of “socially vulnerable”. This legislation, adopted in connection with the pandemic, is still valid today. According to legal experts, it has frozen nearly 40,000 court cases for forced evictions.
Who in Spain is considered "socially vulnerable"
According to information from the Spanish Ministry of Social Affairs, "vulnerable" in Spain are people who temporarily live on social benefits or are permanently unemployed of working age. They number about 4.7 million people. The same category also includes workers whose families have an income of less than 537.84 euros per month per person, as well as single mothers, large families, people with seriously impaired health and people over 65.
As Madrid lawyer Jorge Díaz, who defends property owners, tells DW, it is precisely the "vulnerable" are the largest group of squatters and tenants who do not pay rent. In recent years, their number has been growing. In 2024, 16,500 legal complaints were filed against them, and only in the first six months of this year - about 15,000. At the same time, the housing problem in the country is becoming more acute - "because of the fear of owners to let tenants out who, taking advantage of the protection of the law, can stop paying rent at any moment", explains Jorge Díaz. Despite the housing deficit in Spain, 3.8 million apartments and houses are empty.
The lawlessness of homeowners
According to the lawyer, "the eviction of unwanted guests has always been complicated" - and not only of the "vulnerable". It can only be done by a court decision. The courts in Spain are constantly overloaded, which is why cases are delayed for at least two years. And homeowners do not have the right to evict their tenants on their own.
For those who want to vacate their homes without a court order and by using force, the law provides for four years in prison, the lawyer notes. And among other things, the owner is obliged to pay the overhead costs of the “invaders“. If he does not do so or turns off the electricity, water and gas supplies to the home, he is threatened with up to three years in prison or a fine of up to 30,000 euros.
What kind of housing do squatters prefer
The squatters are most interested in vacant homes, says Díaz. These may be apartments specifically intended for rental but not yet rented, coastal homes that are used only during the summer holidays, country villas, properties advertised for sale but not yet sold, etc.
Squatters are not afraid to invade apartments where people live but are temporarily absent - they have gone on a business trip or on vacation. The law allows unwanted guests to be evicted within 15 days, but only if the owner has filed a complaint with the police within 48 hours of taking over the home, and if the “invaders“ are not “socially vulnerable“.
The lawyer says that squatters also use various tricks. A few weeks before the occupation of the apartment, for example, they order pizza in their own name and at the address of the intended apartment. They meet the courier at the entrance and take the receipt. Then they give it to the police if they arrive with the idea of forcibly evicting them. By doing this, they want to show that they have been living at this address for a long time - that is, “there is no way you can evict us quickly“.
The police, the squatters and the mafia
“The police are powerless in light of the laws in force in the country”, a police inspector told DW, who requested anonymity. According to him, the squatters, among whom there are quite a few migrants, often direct criminal groups to the apartments for a fee. They break down doors and may even provide their clients with a fake contract supposedly signed with the homeowner, or with certificates of belonging to the “vulnerable“.
Interestingly, as the police officer notes, these same gangs also offer their intermediary services to the owners - for the “quick and peaceful“ eviction of the “aliens“. “If the one who is to be evicted starts to resist and does not want to leave voluntarily, threats and physical pressure await him – for example, tiles falling from the roof more and more often“, the police officer says.
The opposition's promise
The situation with the occupation of housing is causing enormous public discontent in Spain. The opposition Popular Party promises that if it comes to power, it will repeal the “populist laws“ that harm the interests of homeowners. Statistics show that in regions where the People's Party is still in power, the eviction of squatters and irregular tenants who are not "vulnerable" is happening faster - for example, in Madrid, Valencia, Andalusia, Murcia and elsewhere.
There are also two organizations in the country that unite people who have become victims of illegal occupation of housing. They periodically organize violent protest demonstrations.
Author: Viktor Cheretsky