No, squatting in Spain is illegal under the Penal Code (Article 245.2) and Civil Code (Article 1727), with penalties including fines and imprisonment. The 2023 reform (Law 10/2022) strengthened protections for property owners, requiring immediate eviction within 48 hours of a court order. Local police forces (e.g., Mossos d’Esquadra in Catalonia) enforce these provisions rigorously, while the 2026 National Housing Plan allocates €1.5B to combat illegal occupation.
Key Regulations for Squatting in Spain
- Criminal Liability: Article 245.2 of the Penal Code criminalizes squatting, imposing 6 months to 3 years of imprisonment and fines up to €12/month occupied. Offenders face aggravated penalties if violence or threats are used.
- Civil Eviction: Property owners may file a desahucio exprés (express eviction) under Article 250.1.4 of the Civil Code, bypassing lengthy proceedings. Courts prioritize these cases, with evictions executed within days.
- Local Enforcement: Municipalities like Madrid and Barcelona deploy specialized units (e.g., Unidad de Ocupación Cero in Madrid) to dismantle squats. The 2026 Housing Plan mandates cross-agency collaboration between police, social services, and housing agencies.
Non-occupancy clauses in rental contracts (Law 29/1994) further deter squatting by voiding protections for unauthorized occupants. Property owners must document ownership (e.g., Nota Simple from the Land Registry) to expedite legal action. Failure to act within 48 hours of discovery risks waiving claims under Article 1902 of the Civil Code.