Illegal occupation of homes is causing great concern in Spain. The main reason is the delay in the Justice system in resolving complaints and ordering evictions. However, legal uncertainty for property owners could soon end following the approval in Congress of a legislative amendment.
Keys to the new regulations for illegal occupation of homes
This legislative change comes hand in hand with an amendment to modify article 795.1 of the Criminal Procedure Law. After its approval, home invasion and usurpation of housing may be resolved through abbreviated procedures, that is, through quick trials.
In this way, when a change in the law comes into force, the courts will be obliged to act immediately. This is intended to respond to one of the fundamental demands of homeowners and society.
However, the law will apply only to cases of illegal occupation of homes. Those other cases where delinquent tenants stop paying rent will follow the same judicial process as until now.
What will fast trials be like for the illegal occupation of homes?
In abbreviated proceedings, the judge summons the offender to testify within 72 hours after the complaint or the intervention of the law enforcement officers.
After analyzing the report, the judge listens to the parties and the Prosecutor's Office. If they consider it appropriate, there are 15 days for the oral trial to be held and another three to issue a sentence.
With fast trials, the eviction of occupied homes could be ordered in less than a month. This has nothing to do with the months, and even years, it takes now to recover an occupied house.
When will the law come into force?
The new regulations to stop squatting have passed the first parliamentary procedure in Congress. It must continue the legislative process and go to the Senate, which has two months for a more than probable approval. All that remains is the publication in the BOE within 15 days.
If no unforeseen event occurs in the parliamentary procedure, the regulations for the illegal occupation of homes could come into force in the first months of 2025.
What will happen after the approval of the new regulations?
With the regulatory change, Spain joins the list of countries that have toughened legislation against the illegal occupation of homes.
The possibility of availing of abbreviated procedures to evict occupied homes means greater peace of mind for owners. However, the application of the law may face two obstacles:
• The system's capacity for adapting to more quick trials.
• The chance that some squatters may be recognized as being in a vulnerable situation. This would imply a slowdown in the process, as social services would have to intervene.
In any case, these new regulations provide some relief for a property market whose other challenge is the housing shortage. If you are looking for a house, you will find a wide range of properties on Spainhouses.net. Besides, if you are a homeowner, you can list your property for free. All to make the process easier for you.