What rights does an occupier have when they enter your home? From delaying eviction to charging the owner for repairs.

The housing law approved on May 26 is once again sparking heated discussions, especially regarding the aspect related to the eviction of squatters. This law introduces a number of new mechanisms that could significantly slow down the eviction processes and grants certain rights to residents who illegally occupy vacant apartments. First and foremost, it is necessary to clarify what is meant by the term 'occupation' in order to clearly understand the connections to the rights it entails. According to the definition provided by the Royal Spanish Academy, 'occupation' means “the taking of unused housing or premises and settling in them without the owner's consent.” This action is legally classified as a minor offense known as usurpation, which, according to Article 245 of the Criminal Code, occurs when someone occupies another person's property without proper permission, unless it is a residence for someone.

With the introduction of new housing legislation, questions arise regarding the rights of occupants and whether the new regulation protects their interests. First and foremost, the law divides property owners into:

• large owners (more than five properties);
• small property owners (fewer than five properties).

In addition, the protection of tenants who are facing financial difficulties and have stopped fulfilling their payment obligations is increasing. However, the rights of those who occupy housing without permission remain in effect.

The protection of the concept of 'dwelling' is an important aspect of the law.

According to recent data collected by the General Council of the Judiciary of Spain and published by Idealista, the average time required to evict occupants has increased and now stands at20.5 months...which complicates the tasks of the courts. The Spanish company Desokupa, which specializes in evictions, has already carried out more than...7600similar processes since its inception in2016Recently, she carried out an eviction at the home of a citizen named Langford Dominic Sakharai, who became a victim of the occupation of his cottage in Calpe, Alicante. Sakharai, a resident of Switzerland, was forced to use the services of a firm after he learned that a man had started watching his house and was demanding from him.40,000 eurosfor allegedly carried out "repair work".