This is a final and quick legal way to get rid of a summer occupant without committing a crime.

Spain.

To understand the situation, it is important to define the concept of ‘occupation’. According to the RAE, it is “taking over an empty dwelling or premises and occupying it without the consent of the owner”. This action is legally related to the administrative crime of occupation of immovable property, which is committed, according to Article 245 of the Penal Code, “when someone occupies, without proper authorization, a property, dwelling or building belonging to others, which is not someone's residence”.

The main difference between the crimes of seizure and intrusion is that in the case of seizure, private property is protected, while in the case of intrusion, inviolability is protectedhouses. It is the concept of “residence” that protects occupiers.

If it is not the owner's inhabited place of permanent residence (or second home), the offense will be assessed as an occupation, triggering a longer process for eviction. In addition, police cannot enter the building without a court order.

Key: first 48 hours

• If the occupied building is your permanent residence and it has been 48 hours or less since the invasion, the first thing you should do is call the police as soon as possible.
• Since it has been less than two days, it is considered a clear crime and the police can immediately evict the occupiers without a court order.

Civil prosecution under the new law

The new law aims to better regulate the eviction procedure in cases of vulnerability. According to the new law, owners must fulfill two new requirements to start the eviction process.

• First, in order to file a lawsuit, the owner must prove whether the occupied dwelling is the occupier's permanent residence.
• Second, it must be confirmed whether it is a large holder, i.e., owner of 10 or more dwellings (or not).

Criminal pathway: complaint for the crime of trespassing or entrapment

In addition to a civil complaint, you have the option to seek a criminal investigation and file a complaint against the occupiers at the police station.