Discovering that your property in Spain has been illegally occupied is one of the most distressing situations a foreign owner can face. The good news: Spanish law provides clear procedures to recover the property — but acting quickly and correctly is essential.
Two types of illegal occupation under Spanish law
The Spanish Criminal Code distinguishes between two main offences:
1. Allanamiento de morada (Article 202 of the Criminal Code): applies when the occupation takes place in a property that constitutes someone’s habitual residence. It is a more serious offence punishable by imprisonment from 6 months to 2 years. Police can intervene immediately, as it is considered an ongoing offence (flagrante delicto).
2. Usurpación (Article 245 of the Criminal Code): refers to the occupation of a property that is not the owner’s habitual residence — typically holiday homes, second residences or empty properties. The penalty is usually a fine. This is the most common situation for Nordic and other foreign owners of holiday properties on the Costa Blanca.
Legal routes to recover the property
Criminal procedure: a complaint is filed with the police or the court, followed by an investigation. In cases of allanamiento de morada, police can intervene directly; in cases of usurpación, a court order is generally required before eviction. Recent reforms — including Organic Law 1/2025 — have significantly accelerated certain urgent procedures.
Civil procedure: several routes are available:
— Juicio verbal de tutela sumaria de la posesión: a fast-track procedure to protect possession.
— Juicio verbal de desahucio por precario: an eviction proceeding against someone occupying the property without legal title.
— Express procedure (Law 5/2018): an accelerated procedure available to private individuals, non-profit organisations and public entities.
Timeframe and realistic expectations
Depending on the complexity of the case and the court’s workload, effective recovery may take between 3 and 12 months. A well-prepared file with complete documentation significantly shortens the process.
Practical advice if your property is occupied
Report immediately to the police (Guardia Civil or Policía Nacional): the first 48 hours offer the best opportunity for rapid intervention. Gather all evidence: the title deed (escritura), an updated nota simple from the Land Registry, utility bills, photographs and any witness statements. Never attempt to recover the property yourself — it could turn against you legally and, in the worst case, amount to a criminal offence. Always consult a lawyer with specific experience in these proceedings before making any decisions.
Our experience at Colás Abogados
At Colás Abogados / Advokater we have more than 18 years of experience in Spanish real estate law and have assisted a significant number of Nordic clients — particularly Swedish, Norwegian and Danish owners — in occupation cases throughout the Costa Blanca. We handle both the criminal and the civil routes, coordinate with police and courts, and represent you throughout the entire procedure. We communicate directly with our clients in Swedish, Norwegian, Danish, English and Spanish, avoiding misunderstandings and delays.
If you are facing an occupation, or wish to take preventive measures — for example, before an extended absence from Spain — we can also advise on security systems, lease arrangements and powers of attorney.
Contact us
Email: info@colas-abogados.com
Phone: +34 629 549 430
Web: www.colas-abogados.com