Occupancy: a new perspective on the issues of vacant housing in Spain

Who are the occupiers?

Occupants are referred to as people who engage in the unauthorized occupation of real estate. This phenomenon gained popularity worldwide in the twentieth century and was labeled with the term "squatting." Initially, this movement was associated with hippies who preached ideas of equality, love, and shared resources. These idealists began to take over abandoned buildings and even entire neighborhoods, forming communities that eventually became cultural centers. A vivid example is the Christian community in Copenhagen.

Squatting has spread to countries such as Denmark, Italy, the United Kingdom, the United States, and even Russia, where certain "squats" have managed to legalize their actions by establishing relationships with property owners.

History of squatting in Spain

In Spain, squatting has its own unique history. The resurgence of this practice began after the economic crisis of 2007-2008, when many people lost their jobs and homes. During the mass protests in Madrid in 2013, one could see posters calling to stop evictions.

In desperate situations, people have started occupying vacant apartments and houses. The response of the socialist government to this problem was the enactment of laws that limit evictions, especially in cases where the occupants had no alternative housing or when there were children in the families.

This helped improve the situation for the homeless, but at the same time, it created opportunities for fraudsters. They quickly realized that the eviction process can take years, and property owners are often willing to pay large sums for a quick removal of the "occupants."

Types of real estate occupied by the occupiers

When it comes to the type of real estate chosen by the occupiers, several main types can be highlighted:

• Problem assets:Insolvent buildings and premises are being seized.
• Abandoned objects:These can be both non-residential buildings and vacant apartments.
• Real estate from banks:property seized from defaulters.

In Spain, there is still a significant number of such properties left, which is a consequence of the aforementioned crisis. When occupiers settle in these places, they usually do not create significant problems, and their actions are sometimes seen as a necessary measure.

Statistics on vacant properties in Spain

The latest data on the number of vacant properties in Spain was collected during the 2011 census. The results, published by the National Institute of Statistics (INE) in 2013, showed that the number of empty homes reached 3.4 million, which accounts for about 14% of the country's total housing stock. This was a record figure for all of Europe.

In addition, about 500,000 properties remain unfinished, as developers were forced to suspend work on projects that were started in more favorable times. This situation has only exacerbated the issue of housing availability, which, in turn, has contributed to the spread of the practice of occupying vacant buildings.

Recovery of the Spanish real estate market

In the last seven years, the Spanish real estate market has begun to show signs of recovery. Banks have been able to significantly reduce the share of troubled assets, and unfinished construction projects have found new owners. Alongside this, there is a growing interest in real estate from both Spanish citizens and foreign investors. However, the issue of unused residential properties remains relevant. The next census is scheduled for 2021, and its results are expected to be published in 2023.

Housing takeover issues

Jorge Alvarez, a lawyer from Madrid, notes that disputes over property seizures mainly involve homes owned by banks and legal entities, such as investment funds. Cases of housing seizures from private owners occur very rarely. Elena Blashenkova, the sales director of Selenhome, also emphasizes that such situations most often arise in troubled areas or involve apartments managed by banks. She adds that she herself has not encountered such difficulties, as she tries to avoid selling properties with legal issues.

Modern construction practices

Victoria Kutuzova, who works at Sunnier Homes, a company involved in construction in Alicante and along the Costa Blanca coast, emphasizes her commitment to modern building standards and the design of gated communities with secured areas. According to her, this makes it difficult for uninvited guests to access the properties. The maintenance of such complexes, as she specifies, will cost about 30 euros per month, including the care of pools and green areas. The level of housing corresponds to the "middle class" category, making it accessible to a wide audience.

Selection of residential properties by squatters

Squatters most often choose to occupy so-called "bad assets" — these are abandoned houses owned by legal entities. This gives them a chance to avoid immediate eviction, as such cases often go unnoticed. However, this does not mean that private owners can sleep soundly: the occupation of rental properties, country houses, and even primary residences is also not uncommon.

Recommendations for property owners

Anna Lepshina, head of the company "Spain Invest," believes that all unoccupied apartments are at risk of being seized and require protection. She advises property owners:

• Do not leave your apartments unattended.
• Renting out real estate to ensure a stable income.
• Attract a management company or ask neighbors to keep an eye on the condition of the property.

Statistics and relevance of the problem

Every year, the number of complaints about cases of housing occupation in Spain is increasing. Jorge Alvarez cites statistics from the Ministry of the Interior, which indicate that in the first half of 2020, there were 7,450 such reports registered. In comparison, during the same period the previous year, there were 5% fewer reports registered—7,093. This information highlights the importance of a careful approach to protecting one's home and managing rental properties wisely.

You can find up-to-date information about the global real estate market in our Telegram channel. By subscribing, you will be able to stay informed about all significant events and changes. If you need to find out how to deal with squatters, keep in mind that protecting your rights is a key focus. The inviolability of housing is a crucial aspect of Spanish legislation; however, in practice, the process of asserting these rights can initially be complicated and prolonged. Sometimes the eviction procedure is not as effective as expected, which often leads to frustration for property owners.

Housing rights and legislation

According to current legal norms, the law guarantees the right to housing. This creates additional challenges, especially when it comes to evicting squatters from residential buildings. For example, if someone illegally occupies your apartment while you are away, the situation can become quite a difficult ordeal. Laws generally tend to favor the occupiers, as the right to housing is often given more importance than the property rights of the owner.

Difficulties with property returns

Moreover, jurisprudence often examines the issue from the perspective of whether the owner has other real estate, which leads to a less stringent approach towards squatters. This circumstance complicates the process of reclaiming one's property and suggests that owners will have to go through lengthy legal proceedings.

Restoration of property rights

When an owner encounters occupiers, the desire to restore lost rights becomes completely natural. However, it is important to remember that the use of violence is not only a violation of the law but can also lead to serious consequences. Often, in attempts to reclaim their rightful possessions, a person finds themselves under investigation. Spanish laws on this matter are quite strictly regulated.

Legal nuances

Property owners should be prepared for a multitude of legal nuances. They are not allowed to resort to physical force against occupiers and also cannot perform certain actions, such as:

• changing locks
• disconnection of utilities

Essentially, the law addresses the temporary presence of people in your residence and provides them the opportunity to defend their rights.

The process of evicting the invaders

To legally evict squatters, it is necessary to contact either law enforcement or the court. However, it is important to consider that such processes can take quite a long time. In recent years, legislative bodies have begun taking steps to ease the situation for property owners, which gives hope for a more positive resolution of disputes.

Recommendations from lawyers

Legal specialists, such as lawyers, advise keeping an eye on new changes in legislation aimed at protecting the rights of property owners with small shares. Legal expert Jorge Alvarez notes that the Spanish Constitution protects the right to the inviolability of the home (Article 18) and private property (Article 33), which serves as the basis for legal actions against squatters.

Ways to solve the problem

There are two main approaches to solving this problem:

• The use of a criminal law mechanism based on Article 202 of the Criminal Code, which allows for the initiation of eviction procedures due to illegal occupation of housing.
• It requires careful preparation and an understanding of all legal nuances.

Therefore, it is extremely important to be aware of your rights and to actively respond to potential threats to your property in order to ensure your safety and legal status.

Legal consequences of real estate seizure

If anyone occupies a residence that could be your primary home or second house, such actions can lead to serious consequences, including a penalty of imprisonment for up to two years.

However, if we are talking about the unlawful possession of vacant property that you do not use, this is considered a crime known as usurpation of property. In Spanish law, this situation is regulated by Article 245.2 of the Penal Code, and such an offense can result in a penalty of up to six months of imprisonment.

Civil procedure as a tool for resolving issues

There is an alternative way to address issues related to property seizure — civil proceedings. Civil proceedings can be initiated based on the law enacted in June 2018 (Ley 5/2018).

Article 250 of this legislation, with the amendments made, discusses the possibility of expedited eviction (desahucio exprés, desahucio por precario), which is one of the methods for resolving situations of illegal occupation.

Nevertheless, it is worth noting that this rule applies only to individuals and non-profit organizations, while legal entities are excluded from this process.

Providing evidence in court

When the plaintiff approaches the court with a claim, they must provide evidence of their legal right to the property in question. This can be achieved through:

• a notarized document confirming ownership;
• rental agreements;
• any other official document.

The judge usually requires the person who made the seizure to provide documents confirming their rights to the seized property.

Court proceedings and eviction

Thus, the court proceedings will focus on analyzing the title documents provided by the parties. If the occupant cannot justify their rights to the residential property, the court will issue a ruling for their eviction.

In the context of expedited court proceedings, the occupant has only five days from the moment of notification to present evidence of the legality of their residence (such as a lease or purchase agreement).

If this is not done, the judge will set a date and time for eviction, and this decision cannot be appealed.

Advantages of civil proceedings

From our perspective, the civil process seems like a more reasonable option, as the amendments to the Civil Procedure Code (LEC) made in 2018 have made it possible to quickly evict illegal occupants.

Criminal proceedings in the case of a recent seizure

If the seizure was carried out recently and was done on-site (in fraganti), the matter can be resolved through criminal proceedings by filing a report with the police. In recent years, courts have often issued eviction orders, involving the police, until the trespasser presents legitimate grounds for their presence in the property.

Nevertheless, this rule applies only to expedited eviction and does not extend to criminal cases. Additionally, one should consider the shortage of bailiffs responsible for the actual enforcement of eviction orders.

Cultural center in an occupied building

In the center of Madrid, one of the buildings that had been occupied for a long time has become an independent cultural center. This situation raises many questions about how the eviction of the occupiers takes place, as the owners face various difficulties along the way.

Problems with eviction

One of the main difficulties is the length of the judicial process. As activist Anna Lepshina reports, criminal cases often become a tedious and ineffective means. The police are not always willing to intervene, preferring to leave the situation unchanged.

Legislation and its implementation

According to current legislation, if a property owner discovers illegal occupants and submits a complaint promptly, law enforcement must act immediately and evict the squatters without the need for court proceedings. However, in practice, it can be difficult to prove that the occupation occurred recently.

Independent actions of the owners

Many property owners prefer to resolve issues without the involvement of law enforcement. Eviction methods can vary:

• The use of tricks and manipulation.
• Attracting specialists without contacting the police.

A case of inappropriate behavior by tenants

In one case, the tenants moved into an apartment, stopped paying rent, and even sublet it to a third party. During an inspection, the landlord noticed that the tenant's personal belongings were missing and changed the lock. The tenant, lacking any documents, tried to contact the police, claiming that the lock was changed without consent.

Recent events have made me think about the future of the apartment that the previous tenants left empty. As of today, it is not on the market. During this time, a locksmith came to install a new security feature – a steel door designed to prevent unauthorized access. This door completely fills the opening and is secured to the wall, making it a difficult barrier to overcome. It is known that intruders sometimes remove the trim to pick locks unnoticed, which complicates proving the fact of illegal access to the property.

How do you defend yourself against invaders?

How can one protect themselves from such criminals? First of all, it is advisable to avoid purchasing residential property in areas that are in unfavorable conditions. A key recommendation here is to approach the issue of choosing housing with utmost seriousness. One should be wary of cases where property prices in certain locations are significantly lower than the market level, or if the property is being sold through a bank. This may signal potential problems with illegal occupancy.

Danger signals

Victoria Kutuzova emphasizes that such regions can be noticed immediately. Moving from one prosperous area to another, one can see a sharp change in conditions. For example, while strolling through a nice neighborhood in Alicante, it’s enough to cross the street to find oneself in a Moroccan area known for its criminal reputation. If locals notice that a foreigner has bought an apartment and is not living in it, without changing the locks, they may perceive such a property as abandoned and consider it an invitation to take it over.

Helena Blashenkova notes that in Benidorm, market values start at €100,000. When a client mentions a €30k apartment, she realizes that this is clearly a concern. At times it can indicate:

• Gypsy neighborhoods
• unfavorable houses
• real estate owned by banks

As a rule, banks face difficulties when evicting squatters, which is well known to criminals, leading them to closely monitor such properties.

Situation with bank apartments

The situation with bank-owned apartments is as follows: the bank initially evicts the debtors and then puts the property up for sale, leaving the debts behind. The new owner, after settling the debts, risks facing the return of the previous residents if they do not plan to live there themselves. We have observed such cases and refuse to engage in these transactions. At the same time, there are agencies that operate on a simplified "picture-based" scheme, without delving into the details of the cases. This is reminiscent of organizations like "Avito," where there are no checks on the properties, increasing the risk of receiving a low-quality offer.

The importance of caution

Therefore, it is very important for buyers to be able to properly assess not only the property itself but also the surrounding area, as well as the potential risks associated with ownership rights to the property.We can only hope that future property owners can avoid such complications, which will provide them with peace of mind and protect their interests.When it comes to purchasing property, it's important to exercise increased caution and pay attention to significant aspects to avoid undesirable situations.

Problems with illegal property occupation in Barcelona

Recently, there has been an increase in issues related to illegal occupation of residential properties in Barcelona and its surrounding areas. One of the main ways to protect your property is by installing modern alarm systems. This security measure has become vital, especially considering the high profits of security companies in Spain.

When the alarm is triggered, a specialized security service is immediately dispatched to your home, which can prevent unwanted individuals from attempting to occupy your property. It is important to determine in advance who will represent your interests in such a situation.

Signaling efficiency

According to expert Anna Lepshina:“The effectiveness of the alarm system largely depends on the owner's presence near the property.”When the alarm goes off, security services take action, but they will need to contact the owner or their trusted person to quickly secure the doors after the eviction. If the owner is far away, for example, in Russia, this situation can become complicated.

Additionally, consider the possibility of installing video cameras, which will allow you to monitor the condition of your property. If you notice an outsider on your premises, it is important to respond quickly. Therefore, for those living outside of Spain, it is crucial to have a reliable representative or trusted person among your neighbors.

Companies that help foreigners

Currently, various companies are actively operating in the market, targeting foreigners and those who are remote from their properties. As Victoria Kutuzova noted:“These companies have the right to carry out evictions if your defense works.”But the potential risks are not limited to just truly marginal elements.

Decent occupiers

Unfortunately, there are also so-called“decent occupiers”These can be ordinary families who, by using rental listings, legally move into housing but then stop fulfilling their payment obligations. To minimize costs, realtors strongly advise:

• Not to limit the requirement to just a passport from the tenant;
• Obtain documentary evidence of his financial stability, such as income statements;
• Pay attention to the behavior of potential tenants and analyze their motivation.

If a tenant is concerned about disclosing the rental price or does not pay the full deposit, this can be a warning sign of potential payment issues. There have been cases where landlords directly contacted the employers of non-payers, resulting in debts owed to the landlords.“suddenly”was.

How to avoid problems with renting

To avoid similar situations, it is recommended:

• Avoiding deals through unofficial platforms;
• To turn to professional management companies that will provide qualified assistance;
• Reduce the risks of losing your property.

Following these recommendations will help avoid problems in the future.

Risk management in real estate leasing

Recommendations for checking landlords and properly drafting legal documents are relevant not only for the budget housing segment. Anna Lepshina emphasizes that the use ofinsurancesIt can significantly reduce financial risks for property owners. Standard insurance policies provide payouts in the event of theft, robbery, or property damage. However, if conflicts arise with tenants, the situation becomes more complicated.

Special types of insurance

There is a specific type of insurance that covers cases where tenants refuse to fulfill their obligations under the lease agreement. In such situations, the insurance company is willing to cover rental payments for a year, but it also reserves the right to choose who will be considered a client. Unfortunately, insurance companies often refuse to lease to new candidates, leaving owners with vacant apartments while they search for alternative tenants.

Insurance against tenant losses

It is also possible to insurefinancial losses...that may be caused by tenants. However, it is worth noting that this option is not always included in standard government contracts, so property owners should discuss such matters in advance; moreover, if a loss does occur, the owner will have to provide evidence again that it was indeed the tenant who caused it.

Pandemic and real estate takeover

The pandemic and the seizure of real estate complicate the situation. Anna Lepshina reports that currently many properties are being rented by occupiers, and this has become a well-known fact. The reasons for this can be found in a variety of circumstances.

• Due to travel restrictions in Spain, it is impossible for many owners to visit their second homes.
• There are especially many cases of property seizure in rural areas, as the occupiers are confident that the owners will not show up on site.

The changes have also affected the rental market: it is now significantly harder to find tenants, and many apartments remain vacant. Even those properties that are under bank control often get occupied by squatters immediately after being vacated. In reality, tenants who stop paying can be seen as squatters.

Legislative aspects

This is due to legislative norms that protect tenants from eviction in conditions of heightened threat. These renters are not lacking work or finances, but they realize that their eviction under the current circumstances is practically impossible and are using their resources to their advantage.

The owners' reaction to instability

In the face of such economic instability, many owners have begun to consider the possibility of temporarily suspending the delivery of their properties, waiting for the situation to improve. It also makes sense to carefully study the feedback of buyers who have previously invested in real estate in Spain in different periods.

Experience of Russian investors

What is it really like to be an apartment owner in Spain? The experience of a Russian woman who bought a two-bedroom apartment in the Benidorm area in 2012, as well as the stories of people who have made Torrevieja their second home, provide a deeper understanding of life in this country. Some investors share how buying a villa in the Canary Islands has radically changed their lives and perception of reality.

Problem-solving strategies

So how do you resolve difficult issues today? As you know, it is best to avoid getting into problematic situations - this is one of the most effective ways to resolve the issues that have arisen. Victoria Kutuzova advises that those who seek to buy cheap real estate should analyze in advance all the potential risks associated with such a purchase.

The importance of preparation

In this regard, it is crucial to thoroughly understand all the nuances and consider the potential difficulties that may arise during the rental or ownership of property. The result is that careful preparation and understanding of all aspects will help minimize negative consequences and make property management more enjoyable and comfortable.

Conclusion

In conclusion of my research on the phenomenon of squatters, I would like to emphasize that the issue of self-occupation of housing is multifaceted and requires careful analysis. On one hand, one can understand the motivation of people who find themselves in difficult life situations, such as unemployment or losing their homes due to a crisis. Their actions can largely be seen as a consequence of hopelessness. The history of squatting, starting from its roots in the hippie movement, shows that even in desperate circumstances, there can be a striving for community and mutual aid.

On the other hand, it is important to note that the emergence of unscrupulous tenants and fraudsters exploiting legal loopholes to seize residential properties creates additional challenges and warnings for property owners. Observing the statistics and numerous complaints about seizures, we can conclude that this issue requires stricter legal measures as well as active property protection measures.

Recommendations for property owners

In this situation, every property owner should be vigilant and find ways to protect their real estate. This can include:

• Renting out the home to provide oversight and generate income.
• Interacting with professional managers to avoid losses and ensure control over your assets.

Thus, the phenomenon of okupas in Spain reflects not only the economic and social problems of society but also raises important questions about the right to housing and how we can counteract unlawful actions. We must remember that each story is unique, and behind the general data are the real fates of people, which makes the discussion of this topic even more important and relevant.