Last week it was the State Attorney General who gave instructions on how to interpret the law in force in order to give more facilities to homeowners, it is now the Spanish Ministry of the Interior that has launched a new police action protocol to try to expedite the eviction of Squatters.
The Ministry of the Interior, goes one step further and has eliminated the 48-hour period from the illegal occupation, so that squatters who have occupied a home can be removed. In this way, the police will be able to act if the illegal occupation has occurred recently, although there is no time limit.
In addition, it is established that a first or even second home has been illegally occupied by squatters it is possible to immediately evict the squatter without the need to request judicial measures. Previously it could take a considerable amount of time to get a court date. . From now on the police and civil guard will collect the identification data of the intruders and will proceed to their arrest, the statements of the neighbors, the denouncer’s property title and the result of the home inspection.
The protocol states that if the illegal occupation is not recent, you must request the eviction through the Courts. It is not a new law but an interpretation of the law that has been in force since 2018. It is planned that the mobile App “Alertcops”, also available in English, will enable a specific tool so that any citizen, whether they are the owner or not, of an occupied home can report with their mobile that an illegal occupation has occurred. They are able also to upload photos.
As a result of this, companies have appeared that under the guise of carrying out negotiation activities with the illegal occupants with the aim of eliciting them from the property. Some of these companies use methods that border on illegality which may amount to crime and the owner of the property may be responsible.
Join my facebook group ‘Spanish Legal Questions by Marisa Moreno’ for verified Spanish legal advice in English
Marisa Moreno Senior Lawyer and Consul for Denmark
www.justlawsolicitors.com your independent law firm in Spain for everything from a residencia to a property purchase. 30 years of experience.