Note
Okupas in Spain: squatters and second-home owners
Quick answer
Squatting is a concern for owners of empty homes. The rules differ for a home with a dwelling in use, an empty home and a property of a bank or developer, and the law has been changing, so confirm the current position with a lawyer. Reduce the risk with security, visits and a local contact.
Applies toOwners of second homes and buyers considering a property that will often be empty.
On this page: 9 sections
§ 1What the term means
Okupa refers to a person who occupies a property without the owner’s consent, and okupación to the phenomenon. It is a concern for owners of empty homes, including foreign owners of holiday properties. The outline below is general, and the related risks are in a closer look at risks and scams. The law on this subject has been changing, so you should confirm the current position with a lawyer rather than rely on a general text. A decree-law of October 2026, 29/2026, awaiting validation by the standing committee of the Congress, suspends some evictions of vulnerable people until 31 December 2030. We could not confirm whether it affects occupants without title.
§ 2Different situations
The legal position depends on the facts. A person who enters a home that is someone’s dwelling is in a different position from a person who enters an empty second home, and different again from someone who stays on after a rental ends or occupies a property held by a bank or developer. The procedures, speed and remedies differ in each. A lawyer who handles these cases can advise on yours.
§ 3Reducing the risk
Make the home look occupied: keep the garden and the post in order, use timers, and ask a neighbour to keep an eye on it. Fit good locks and consider an alarm connected to a service. Visit from time to time, or ask a local contact. Tell the community’s administrator and the neighbours how to reach you. A property in an urbanisation with security is less exposed.
§ 4Before you buy
Ask about the area’s experience, the state of the building and the presence of other empty homes. A development where many units are unsold or unfinished is more exposed. Ask the community whether it has had problems. The problems of unfinished developments are discussed in the chapter on illegal builds.
§ 5If it happens
Act fast. Call the police, record the date, collect proof of ownership such as the deed and the registry extract, and consult a lawyer. Do not use force or cut off services without advice, because that can create liability. Keep records of damage and of any contact.
§ 6Insurance
Ask your insurer in writing whether the policy covers legal costs and damage from occupation, and under what conditions, such as a minimum frequency of visits. Some insurers exclude empty homes. Choose cover that matches the way you use the home.
§ 7Legal help
If a squatting case arises, choose a lawyer who handles these cases regularly, ask for a plan and a fee in writing, and ask what happens at each stage. Time matters, so do not wait for the next working week.
§ 8Other risks
Squatting is one risk among many. The common problems of a purchase are in Problems buying property in Spain, and the scam patterns are in how property scams work.
§ 9More on this topic
Mistakes buying property in Spain lists the errors foreign buyers make most and the rules on fake listings explains how to spot fake property listings.
FAQRelated questions
Is squatting a big risk?
It is a real concern, though the numbers are small compared with the number of homes. The risk is higher for empty homes, especially in some areas and in unfinished developments. Sensible precautions reduce it a great deal.
What should I do if someone occupies my home?
Act at once. Call the police, gather proof of ownership and of the date you found out, and consult a lawyer who handles these cases. Do not try to remove them yourself, as that can expose you to liability. Speed matters.
Does insurance cover it?
Some policies cover costs of legal action and damage, others do not. Read the terms and ask the insurer in writing about occupation by third parties. Choose a policy that fits an empty home if yours will be empty for long.
Sources
- Colegio de Registradores de España: Cómo comprar una vivienda en España (edición revisada, February 2020) (official source, opens in a new window), The five steps, nota simple, taxes and costsLast checked 17 October 2026
- Boletín Oficial del Estado: Real Decreto-ley 29/2026, de 6 de octubre, por el que se adoptan medidas urgentes para la protección de la función social de la vivienda y la ampliación de la oferta de vivienda asequible (BOE-A-2026-20823) (official source, opens in a new window), Arts. 1 to 10 and the fifth and sixth final provisions read in the gazette page; end of the final provisions not readLast checked 26 October 2026
- Consejo General del Notariado: Houses and real estate properties (official source, opens in a new window), Steps, documents and the notary's roleLast checked 17 October 2026
Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.