Self-capture of housing spread around the world in the XX century under the general name "squatting". Its ideologues were hippies who advocated universal equality, love and the sharing of property. They occupied empty houses or even entire blocks and created their own communes there, which eventually turned into cultural centers (for example, the Christiania district in Copenhagen). Notable hotbeds of squatting occurred in Denmark, Italy, the United Kingdom, the United States, and even Russia. Some squats eventually legalized relationships with property owners.
Squatting in Spain has a special history. It became widespread after the economic crisis of 2007-2008, when many families were left without work and lost their homes.
Some of them began to move into empty houses out of desperation. Subsequently, the Socialist government passed a number of laws restricting evictions, especially in cases where the "invaders" had no other housing, had children, etc. This eased the fate of the homeless, but at the same time untied the hands of unscrupulous tenants and outright scammers. They found out that the eviction process can take years, and many owners are willing to pay well for the" occupiers " to move out.
The main risk area is empty premises. These may include non-residential buildings, abandoned housing, and real estate that creditors have seized from debtors. There are lots of them in Spain, and this is again a consequence of the crisis of 2007-2008, when mortgage defaulters were driven out of their homes. If the okupas live in rooms of this kind, they usually do not cause much trouble, and their act in some cases can even be considered forced and excusable.
So, squatters try to borrow "bad assets" - empty houses that belong to legal entities. In this case, it is more likely that the occupation will not be noticed or will not be too hasty with the eviction. But this does not mean that private owners are safe. There are precedents for the seizure of rental apartments, second homes (vacation homes, resort real estate), and sometimes the main housing of the owners.
The inviolability of housing is protected by Spanish laws, but in fact the legal path is not only very long, but sometimes futile. The fact is that laws also guarantee people the right to housing, and this norm is often considered as a higher priority.
That is, if someone moved into your only apartment while you were on vacation, they are likely to be asked to leave. But the attitude to additional housing will be different. The court often proceeds from the fact that the owner of the property is not in poverty, he or she was not left without a roof over the head, still has the main place of residence, and the invaders just realized their right to housing. Therefore, you will have to fight even for a court decision in your favor.
In such a situation, some people are ready to take up force methods, but experts warn: for trying to win back their property, you can get yourself in trouble, already in the role of a criminal. That’s the law.
When faced with payback, the owner is often seized with just indignation and ready to harm the invader in any way. Although such feelings are understandable, the law forbids doing much that may seem natural. It's not just that the owner does not have the right to use physical force. The owner is also prohibited from changing locks, turning off water and electricity. Spanish law considers the person who is in your apartment to be its temporary owner and therefore protects their rights. Officially, you are only allowed to go to the police or to the court and prepare for a long defense of your rights.
In recent years, lawmakers have turned to the problem and amended the laws to make life easier for the rightful owners. Real chances to regain the rights to real estate appeared in individuals who own no more than ten housing units.
The legal system provides two ways to solve the problem.
The first method is through the criminal law order, in accordance with article 202 of the Criminal Code (Allanamiento de morada). In the case of the seizure of real estate, which may be your only home, permanent residence, or even a second residence, the offender can receive a sentence of up to two years in prison. But when there is a seizure of empty housing that you do not use, we are talking about the crime of usurpacion (usurpación) of houses, which is referred to in article 245.2 of the Spanish Criminal Code; it is punishable for up to six months.
The second method is through civil proceedings. In this case, the basis for action will be the law of June 2018 (Ley 5/2018). Article 250 of this law, as amended, provides for accelerated eviction (desahucio exprés, desahucio por precario) as a way to solve the problem of seizure. However, it should be noted that this rule applies only to individuals, as well as non-profit and public organizations, but not to legal entities.
When filing a claim, the plaintiff must prove that they have a legal right to housing: submit a notarized certificate of ownership, a lease agreement or other legal document. Obviously, the judge will ask okupas to prove the right to the housing that they have seized.
In other words, the process is limited to reviewing the titles submitted by the parties. If okupas cannot prove that they have the right to this housing, the court will issue a decision on his eviction.
A quick measure of restraint is provided: within five days from the date of receipt of the notification, okupas must prove the existence of a legal title to the ownership of this housing (lease agreement, purchase and sale agreement, etc.). Otherwise, the judge allows the eviction, agreeing on its date and time. And besides, the ruling cannot be appealed.
Civil proceedings are more appropriate, given that with the amendment made to the LEC Code of Civil Procedure in 2018, it is possible to evict an illegal invader in a short time.
If we are dealing with a crime that has just been committed, red-handed (in fraganti), then the case can be settled through criminal proceedings by filing a complaint with the police. Recently, judges have ordered eviction as a preventive measure, with the support of the police, until okupas confirms the legality of staying in this house.
However, this applies only to expedited evictions, not to criminal proceedings. In this case, the lack of bailiffs who must physically deal with the eviction is added to the slow court.
The main recommendation is to take a responsible attitude to buying a home. A bad neighborhood, prices significantly lower than the market, real estate from the bank – all this may mean that someone else will soon settle in your house or already lives there.
The next necessary measure is to install an alarm system. This is a mandatory moment. The income of security companies in Spain is the envy of all. At the alarm signal, security will arrive at the house, which at least will not allow illegal immigrants to settle. Thus, they will not be able to become temporary residents in the eyes of the law, who have certain rights to housing. However, it is necessary to take care in advance of who will represent you in this case.
Besides those who break into someone else's home when there are no owners, there are other kinds of payoffs. These may be quite decent-looking families who come to the announcement of the rental of housing, are settled legally, and then stop paying.
Therefore, realtors recommend that it is mandatory to require official confirmation of permanent income (usually, salary certificates) and a certificate from work. At the slightest doubt – check everything. And in general, watch and listen carefully, turn on your inner psychologist, try to understand what to expect from this person, perhaps they have already been evicted from the apartment for non-payment, or known for not having enough money for rent. If the applicant asks to reduce the price or does not immediately make the entire deposit-this is an alarm signal.
There were cases when the owner of the housing called the employer of the defaulter and told about the current situation. The money for rent from the debtor "suddenly" appeared. Another way to protect yourself is not to rent out housing through unofficial sites, and ideally - use the services of a management company.
So, the problem with payouts in Spain really exists, the number of complaints to the police about the illegal seizure of housing is estimated in the thousands per year. However, it is not as large-scale as it is often presented in the media, and does not affect every buyer of real estate.
Most of the seizures relate to a special category of properties such as abandoned or debt real estate, which is on the balance sheet of banks. As a rule, this housing is located in disadvantaged urban areas or suburban settlements without security and management.
Obvious advice to the buyer: carefully study the location and the property itself before the transaction, be suspicious of real estate that is sold at a price significantly below the market. And after the purchase, take the necessary security measures: housing insurance, alarm system, signing a contract with the management company.
As for "decent payouts", the best protection against them is a well-written contract, a preliminary check of solvency and your own person in Spain, who will control the receipt of payments.
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