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Squatters in Spain:
What the Law Really Says
What Owners Really Need to Know
Few subjects worry foreign owners more than squatters. The headlines suggest that anyone who leaves a home empty for a few weeks risks losing it for months. The reality is different, and it depends above all on one distinction that the headlines rarely explain.
On the northern Costa Blanca, and in Altea in particular, squatting is genuinely rare. In more than forty-five years we have seen very few cases. But the question comes up in almost every conversation with owners whose home stands empty for part of the year, so here is what the law actually says.
Two Different Offences: Breaking Into a Home, or Occupying an Empty Property
Breaking into a home
Breaking into a dwelling (allanamiento de morada, Article 202 of the Criminal Code). Entering or staying in someone's home against their will. A dwelling is any place where a person lives their private life, and that includes a second home used even occasionally. It is a serious offence, and if it is discovered while it is happening, the police can act immediately.
Occupying an empty property
Occupying an empty property (usurpación, Article 245.2 of the Criminal Code). Occupying a property that is nobody's home: an unused building, a property under construction, a bank repossession. It is a minor offence, and recovering the property is slower.
This is why the distinction matters so much. A furnished holiday home with your belongings, your bills and regular visits is normally a dwelling, even if you only use it a few months a year. That puts you in the first category, not the second.
The 48-Hour Myth
What to Do If It Happens
Do not act alone
Do not try to remove the occupants yourself, change the locks while they are inside or cut off the water and electricity. Any of these can amount to an offence against you.
Call the police
Call the police straight away: 091 for the National Police or 062 for the Civil Guard, or the local police.
Prove it is your home
Show that you are the owner and that it is your home: the title deed, IBI and utility bills, photographs and any proof of your regular use.
File a complaint
File a formal complaint (denuncia), and contact a lawyer to choose between the criminal and the civil route.
Tell your insurer
Inform your insurer, in case your policy covers legal defence or damage.
How Long Does It Take to Get Them Out?
- If the police catch the offence while it is happening, the occupants can be removed within hours.
- Through the criminal courts, since 2025 both offences can be dealt with through fast-track trials, which reduces the time considerably.
- Through the civil courts, individual owners can use an express procedure. if the occupants cannot show a valid title within five days of being notified, the judge can order their eviction. Depending on the court, this takes from several weeks to a few months.
How to Protect an Empty Home
- A monitored alarm, visibly signalled.
- Regular visits by a neighbour, a key holder or a property management company, and post that is collected.
- Utilities kept in your name and active, with bills kept. they are proof that the property is your home.
- A reinforced door, and good contact with the community of owners.
- Home insurance with legal defence cover for occupation.
- Not announcing your absences on social media.
When It Is Not Squatting
A tenant who stops paying rent is not a squatter: they entered legally, under a contract. That requires an eviction for non-payment through the civil courts, which follows different rules. We explain it on our litigation page.
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Worried about your home while you are away? Your first consultation is free. We will review your situation and tell you exactly what to do if it ever happens.
How We Help
- Criminal complaints and private prosecution against the occupants.
- The civil express procedure to recover possession.
- Coordination with the police and your insurer.
- Reviewing how your home is protected, especially if it stands empty much of the year.
Frequently Asked Questions About Squatters in Spain
Can squatters stay if they have been there for more than 48 hours?
No. That rule does not exist in Spanish law. What matters is whether the property is a dwelling and whether the police can act while the offence is being committed. Report it immediately in any case.
Can I cut off the water and electricity?
It is not advisable. Doing so can be considered coercion and turn you into the accused. Let the police and the courts act.
Is my holiday home considered a dwelling?
Usually yes, if it is furnished, has your belongings and you use it, even occasionally. Keeping utility bills and evidence of your use helps prove it.
What if my tenants stop paying?
They are not squatters. Recovering the property requires an eviction for non-payment through the civil courts.
Does home insurance cover squatting?
Some policies include legal defence and the costs of recovering the property; many do not. It is worth checking yours, especially if the home is empty for long periods.