Squatter Crackdown Faces Setback in Spain: What Expats Need to Know

In a significant development that affects many expats and homeowners in Spain, the proposed fast-track trials for squatter cases have hit a roadblock. Here’s a detailed look at the current situation and its implications.

The Legislative Journey

Last month, Congress approved a measure aimed at tackling the persistent issue of squatting in Spain by introducing fast-track judicial procedures for cases of home invasion and unlawful occupation of property. This legislation, part of the Judicial Efficiency Bill, was designed to resolve such cases within an estimated 15 days by amending the Criminal Procedure Act to include squatting among minor offences eligible for expedited processing, similar to crimes like theft and burglary.

Senate Veto and Its Implications

However, in a surprising move, the Partido Popular (PP)-controlled Senate voted to send the bill back to the lower house of Congress. This decision has been met with both relief and frustration, depending on the perspective.

The PP has cited several reasons for this veto, including the government's alleged failure in "proper legislative drafting" and a lack of "planning and organisation." The party argues that the simultaneous processing of two legislative projects affecting the same laws creates "confusion, chaos, and a serious attack on legal certainty." They emphasize that citizens are entitled to protections against what they describe as a "disorganised and abusive use of executive powers."

Impact on Homeowners and Expats

For many expats and homeowners in Spain, this setback is particularly concerning. Squatting has been a long-standing issue, with some properties being occupied for years before legal resolutions are reached. The proposed fast-track trials were seen as a beacon of hope for quicker and more effective justice.

However, the delay also highlights a critical gap in the legislation: it does not address "tenant squatting" or inquiokupacion, a form of squatting where tenants refuse to leave properties even after their rental agreements have expired. This omission has raised concerns among property owners who fear that the new law, even if passed, might not fully protect their interests.

Future Outlook

Despite the Senate's veto, the bill is expected to move forward. Congress is likely to override the veto at a Plenary meeting later this month, and the legislation could become law within the first three months of 2025.

For expats and homeowners, this means that while there is still hope for a more efficient judicial process to handle squatting cases, the journey is far from over. It is crucial to stay informed and possibly seek legal advice to navigate the evolving landscape of property rights in Spain.

In summary, the battle against squatting in Spain continues, with both progress and setbacks. As the situation unfolds, expats and homeowners must remain vigilant and prepared for the potential changes ahead.