Are squatters eviction policies in Spain adequate?

Housing has become the main concern for Spanish people, according to the latest barometer of the Centro de Investigaciones Sociológicas. Housing is mentioned by 28% of respondents.

To the complex problem of the housing crisis (supply/demand, public market, rental prices, rents, speculation, etc.) has been added another phenomenon which, although it affects a small percentage of the Spanish population, has generated intense social and political debate: squatting. While some see it as a desperate response to the crisis and the high cost of rents, others see it as a violation of the right to private property.

The Spanish Penal Code differentiates between trespassing (when a habitual dwelling is occupied) and usurpation (when a vacant property is occupied without authorization), establishing different penalties for each case. However, evictions can take months or even years due to the legal procedures in place, which has led many homeowners to feel unprotected.

Added to this situation is a new phenomenon popularly known as “inquiokupas”, which refers to the tenant who intentionally stops paying rent. This is a method of illegally occupying the dwelling through a lease contract. On the other hand, there are all those who stop paying rents for reasons of necessity.

The responses to alleviate these problems in recent years range from stiffer penalties and streamlining of processes, as contemplated in the latest reform of the Criminal Procedure Act, to the successive extensions approved by the Government after the COVID to protect tenants in a situation of economic vulnerability, including the suspension of evictions for non-payment of rent.

While some social movements and housing platforms argue that the problem of squatting is directly related to the housing crisis, others consider that more forceful measures are needed to protect private property and combat mafias that profit from squatting.

In conclusion, the problem of squatting in Spain is a complex phenomenon that requires a balanced solution. As you can see, the debate is on!