Costa Blanca Magazin

Okupas on the Costa Blanca - New laws, old problems

Wenn Fremde einziehen: Das Problem mit den Okupas an der Costa Blanca

Squatting remains Spain's coastal problem. Despite new anti-Okupa laws, owners continue to struggle with lengthy procedures and legal hurdles.

It remains an ongoing issue on Spain's coasts: the occupation of houses by so-called okupas. It is a nightmare for owners - especially when they return weeks later and suddenly find strangers in their own home. Anyone affected must not only act quickly, but also strategically. This is because Spanish law makes a precise distinction - and does not make it easy for those affected.

Two legal routes - two speeds
The law recognises two scenarios:
- Allanamiento de morada - i.e. unlawful entry into an inhabited property. Criminal law applies here. The police can intervene immediately within the first 48 hours.

- Usurpación - the occupation of a vacant or only temporarily used dwelling. In this case, civil law applies. Proceedings often take months before a bailiff can order the eviction.

Owners of holiday or investment properties in particular therefore experience lengthy processes - with an uncertain outcome.

First steps after an occupation
The first 48 hours are crucial. Owners should call the police immediately, file a complaint and secure evidence - photos, videos, witness statements. After that, the route is almost always via a lawyer and legal eviction proceedings (desahucio), which, if successful, result in a so-called lanzamiento: Bailiffs, police and locksmiths enforce the eviction.

New „Ley antiokupas“ - hope with restrictions
Ley Orgánica 1/2025 has been in force since April 2025 and is intended to speed up proceedings. The aim: a decision within 15 days, even in the case of usurpación. However, legal experts warn that overloaded courts and appeals could easily exceed the deadlines. The reality is likely to take much longer.

Why it remains so complicated
The Spanish constitution also protects unlawfully evicted residents from arbitrary eviction. Unauthorised actions - such as changing locks or turning off the water and electricity - are not permitted and may even be punishable by law.

In addition, many squatters gain access to social benefits by registering with the town hall (empadronamiento) - another factor that delays proceedings.

Prevention as the best weapon
Alarm systems, video surveillance, neighbourhood networks or regular checks: The most effective prevention is to protect your property. Because once a flat is occupied, a legal marathon begins.

  Important steps in staffing

▶ 0-48 hours
- Inform the police (Policía Nacional / Guardia Civil) immediately.
- In the case of allanamiento de morada, officials can evacuate directly.
- In the case of usurpación, a court order is usually also required within this period.

▶ After 48 hours
- Only possible via eviction action (desahucio).
- Application via a lawyer, judge decides.

▶ Documents for the advert:
- Proof of ownership (Escritura or extract from the land register).
- ID or passport of the owner.
- Photos, videos, witness statements, possibly contracts for electricity/water.

▶ Court deadlines:
- New law provides for a fast-track decision within 15 days.
- In practice, often longer - depending on the court load.

Important note: Unauthorised removal or parking of supplies is prohibited and may be punishable by law.