Spanish Congress has recently approved a new law, colloquially known as “anti-squatting”, which will speed up the process of eviction of illegally occupied housing in Spain. Thanks to this new reform, it will be possible to evict squatters or tenants in a matter of hours, a reform that has generated all kinds of opinions, both among political parties and citizens.
The roots of the “okupas” problem
The problem of “okupas” occurred due to several problems in Spain. First of all, a severe shortage of affordable housing, with rising rents and stagnant wages. Many low-income individuals and families turn to squatting as a last resort. Among them not only illegal migrants, but the ordinary Spanish citizens. Secondly, Spain’s laws on property occupation are seen as lenient, allowing squatters to avoid immediate eviction if they establish residency for more than 48 hours. Above that, legal proceedings to evict squatters can take months or even years, during which property owners must continue to pay taxes and utility bills, what is even more convenient for the “okupas” representatives. As a result, “okupas” are organizing criminal groups, or “mafias”, in order to cooperatively occupy properties and demand huge sums of money from the property owners for them (“okupas”) to vacate.
Except from these, some squatters are supported by housing rights organizations like the PAH (Platform for People Affected by Mortgages), which advocates for the reoccupation of bank-owned homes as a form of protest against the housing crisis.
Supporters of the illegal squatting are stating that the problem occurred due to the failure of Spanish housing system, with activists calling for better tenant protections and affordable housing policies, while opponents see squatting as a violation of the property rights and an abuse of legal loopholes. The most dramatic fact is that in Spain “okupas” can occupy any property, even if it is the only home of the landlord.
However, the PNV amendment removes from the scope of the ordinary trial the classification of the crimes of breaking and entering and burglary (the crimes defined in articles 202 and 245 of the Penal Code), by including them in the scope of the abbreviated trial. The new amendment under the Judicial Efficiency Act aims to streamline trials for crimes such as illegal home occupation and home usurpation. These cases will now be resolved within approximately 15 days, reducing delays that previously allowed squatters to occupy homes for extended periods. Police have a right to evict squatters without a court order if action is taken within 48 hours of occupation. After this period, the eviction process requires legal proceedings, which have historically been lengthy but will now face expedited timelines.
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