Proven Facts: Occupation extinction is neither frequent nor increasing.

Spain has 26 million dwellings and 48 million inhabitants. Last year there were about 17,000 complaints of illegal occupancy, which represents about 0.06% of the total number of dwellings. There are almost four million empty dwellings in the country. Of these 17 thousand complaints, only 5% relate to illegal occupancy of residential or second dwellings (trespassing), while the remaining 95% relate to illegal occupancy of vacant homes, buildings or premises. All these data are provided by the National Institute of Statistics (INE), the Attorney General and the Ministry of Interior.

The People's Party and VOH made the issue a major aspect of their election campaign, promising to evict the occupants within 24 hours and provide maximum protection to the owners.

Phrases

"Rising phenomenon," according to the program of the People's Party

"The right to property is one of the pillars of the statue of political and social community. We will strengthen the protection of private property, which is recognized in Article 33 of the Spanish Constitution, through norms that guarantee the legal security of owners and neighbors against the increasing phenomenon of illegal occupation that has grown in recent years," says the program of the Popular Party for the July 23 elections.

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"100,000 occupied homes in Spain" November 29, 2022.

The People's Party defended in Congress a proposed law "against illegal occupancy and for coexistence with neighbors and protection of the safety of people and things in owner-occupied communities". The initiative was rejected, but representatives of the Popular Party and COH raised a wave of discussion about a perceived increase in illegal occupancy.

Data

The phenomenon of illegal settlement has not increased in recent years, according to known data from the National Institute of Statistics, the General Council of the Judiciary and the Ministry of the Interior.

Decrease in convictions and prosecutions

The National Institute of Statistics (INE) provides annual data on the number of convictions in Spain by types of crimes. Illegal intrusion and illegal occupation are two forms of unlawful occupation defined by the criminal code. INE shows that during Mariano Rajoy's administration (People's Party), there was an increase in convictions for illegal intrusion (punishable by imprisonment for six months to two years) and illegal occupation (punishable by a fine of three to six months if the occupation was peaceful, and by imprisonment for up to two years if violence was used). The increase in occupations was partly attributed, according to various reports presented in Congress, to the economic crisis - the worst moment when the number of unemployed exceeded six million, and now it is less than three million. These convictions have decreased during the current legislative session under the coalition government between the Spanish Socialist Workers' Party (PSOE) and United Left.

The number of convictions for illegal intrusion (settling in residential or secondary residential premises) was 357 in 2016, while in 2021 (the latest available data) it decreased to 230.

Reservations, complaints about check-in, court disputes

The number of registered complaints about illegal occupancy, which do not always end in court proceedings, decreased by 3.2% in 2022 compared to the previous year (from 17,274 to 16,726).

In 2022, courts registered up to 2,748 cases of illegal occupancy of residential buildings, which is 20% less than in 2021, according to the General Council of the Judiciary.

In the first quarter of 2023, there were 629 court cases regarding the occupancy of residential buildings, which is 20% less than in the previous quarter.

However, VOX and the People's Party are warning these days about a sharp increase in the problem and about the rare cases of illegal occupation of properties, which are being presented as commonplace: when a person goes out for shopping, goes to the movies, or leaves for the weekend, and upon returning finds that their home has been occupied.

Illegal trespassing accounts for less than 5% of the total number of illegal intrusions into others' property.

In 2020, the Ministry of Internal Affairs developed a protocol stating that "the intentional and repeated conflation of both criminal offenses - illegal intrusion and seizure - only aims to spread false information among the public." The same document detailed the methods of police action in such cases of crime:

Illegal intrusion (Article 202 of the Criminal Code: 1. A private individual who enters someone else's dwelling or remains in it against the will of its occupant is subject to punishment by imprisonment for a term of six months to two years. If the crime is committed using violence or threats, the punishment will be imprisonment for a term of one to four years and a fine for a term of six to twelve months): "The forces and security agencies of the state act in accordance with current legislation, urgently in the case of illegal intrusion, which includes both primary and secondary dwellings, provided that there is permission from the owner and a report of the crime has been filed by them."

Occupation (Article 245 of the Criminal Code: 1. Anyone who occupies real estate or appropriates the ownership rights of another person through violence or threats shall be punished by imprisonment for a term of one to two years, which will be determined based on the benefits obtained and the damage caused. 2. Anyone who occupies someone else's real estate, residence, or building without proper permission, or is held in them against the will of the owner, shall be punished with a fine of three to six months): "Forces and security agencies also act in cases of illegal occupation of real estate, whether residential or not, but not classified as housing. In this case, the actions of the forces and security agencies are subject to judicial authority, with a prior court decision, as well as the clearly expressed intention of the owner to reclaim their property."

Judges specializing in cases of illegal intrusion say that evictions from residential properties happen very quickly in such cases, and they even clarify that the police can act without a court order if the occupation is taking place in violation of the law at that time in the residence.

The General Prosecutor's Office noted that they consulted with real estate registrars about the timeframes within which they could issue an urgent certificate of ownership to support their claim to the police regarding the ownership of the house. The response was that they could provide this document in less than seven hours.

The same judges add that the problem of delaying the eviction of those who occupy vacant buildings (the crime of squatting) is not related to a lack of legal tools for carrying out evictions, but rather to a shortage of resources in the courts, which, overall, have been overloaded and unable to work faster.

Practical case: 13 days from the application submission to eviction. The most common complaints regarding the issue of illegal occupancy relate to delays in eviction in cases of occupying vacant residential buildings.

The latest case of illegal occupation of an empty building, which raised public concern and involved the company Desokupa, specializing in eviction enforcement without a court order on behalf of the owners, was resolved by the court just three months after the illegal intrusion into the building and 13 days after the owners filed their application.

According to the protocol presented to Congress by the Ministry of the Interior, the building was occupied on the night of December 22-23, 2022. "On April 3, 2023, a board member of the trading company that owns the building filed a report at the main police station in Mahadaonda (Madrid community) regarding the occupation of the building. On April 16, a court ruling allowed the Civil Guard to carry out the eviction without incident; at the time of the eviction, twenty-three people were inside, including two minors, who exited the premises with their belongings and without resistance."

Laws and precautions that protect the owner

In 2010, the government of the Socialist Party made an amendment to the article on the criminal offense of violent occupation (illegal occupation of non-residential premises) to provide for a punishment of one to two years of imprisonment for such acts, which were previously only punishable by a fine.

The People's Party made changes to the Criminal Code in 2015 to reduce the level of the crime of squatting to a less serious offense. This legal change, which went unnoticed at the time, allowed for the archiving of complaints at the prosecutor's discretion "for reasons of expediency" without conducting a preliminary investigation and prohibited judges from issuing arrest orders for peaceful occupants of vacant premises.

However, the General Prosecutor's Office of the same year issued a circular stating that in cases of illegal occupation of a peaceful vacant property, one cannot request archives, but should continue the case to court.

On September 15, 2020, the General Prosecutor's Office issued new instructions regarding the crimes of illegal occupation and unlawful intrusion into housing, detailing the steps to be taken to ensure the quickest possible response to illegal occupations of residential premises: "First and foremost, in general terms, a precautionary measure for eviction and the return of residential premises will be considered appropriate in cases where there are compelling grounds to believe that a crime of occupation or unlawful intrusion has been committed, and there is also confirmation of harmful consequences for the legitimate owner, reasonably justifying the need to put an end to the illegal situation before the procedure is completed, thereby restoring the disrupted rule of law as quickly as possible."

Instruction of the Prosecutor's Office 1/2020 on illegal intrusion into housing and occupation of real estate.

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