The new law on ‘squatters’ and ‘occupiers’ in Spain. Is this the end of the headlines?

The phenomenon of ‘squatters’ (from the Spanish ‘ocupar’) has its roots in the social movements of the 1970s and 1980s, when Spain was undergoing a transformation following the fall of General Francisco Franco’s dictatorship. At that time, anarchist and left-wing groups emerged and began occupying abandoned buildings as a form of protest against property speculation and the lack of affordable housing.

In the 1990s, Spain experienced a property boom and house prices soared. Many people could not afford to buy or rent a home, whilst, at the same time, thousands of buildings stood empty, often owned by banks or large investors. Consequently, the number of illegal squatting incidents rose significantly, and the squatters began to organise themselves into more structured groups.

But these situations are not unique to Spain; in Poland, the law does not protect landlords who rent out property. Situations such as those described below in Wyborcza also occur:

https://warszawa.wyborcza.pl/warszawa/7,54420,30892931,para-miala-dosc-mieszkania-z-matka-mlodzi-wlamali-sie-do-pustego.html

In Spain, with the law coming into force today, the duration of legal proceedings is changing. On average, they last between 4 and 9 months, but following the passing of this law, they will be faster. Squatters will be tried within a maximum of 15 days. Following the hearing, the judge must deliver a verdict within three days. Cases dealt with under this procedure will not require any form of expert assessment. 

Another significant change in the fight against squatters is that property owners have been granted the right to cut off the supply of utilities, such as electricity, gas or water, without fear of legal consequences, which previously could have been considered a criminal offence.

If the illegal squatters fail to prove their right to occupy the property, the court may order their eviction within 48 hours of the judgement being handed down. What needs to be proven here? If you are there illegally, that is, if you have entered without authorisation, you must leave!

Who benefits from scaring off squatters?

Although the problem of squatters exists, its scale is often exaggerated. In Spain, out of 3.5 million permanently unoccupied properties, only 14,621 complaints have been recorded. Despite this, the media, politicians and security firms create a climate of fear to profit from it.

Who benefits from this?

• Security firms: they sell alarms and security systems, fuelling fear.

• Politicians: they exploit the issue to gain support.

• The media: sensationalist headlines boost audience figures and advertising revenue.

Does the problem of ‘squatters’ affect Poland?

In Poland, people don’t talk about ‘squatters’, but the problem of illegal occupation of homes does exist, especially in large cities. According to the Central Statistical Office (GUS), in 2018 around 2.5 million homes were being used without a regularised legal status, representing 12% of all homes. That’s far more than in Spain!

Conclusion?

Fear of ‘squatters’ is often exaggerated, and the Polish press has frequently written about this phenomenon because Poles, rather than buying in Poland, are investing in the Costa Blanca, the Costa de Valencia and the Costa Cálida.

And what will their next move be?