NEW SPANISH ANTI-OCCUPATION LAW

Summary of the new Spanish Anti-occupation Law

1. Inclusion in speedy trials:
   The offenses of breaking and entering ( Article 202 of the Penal Code) and illegal occupation of real estate (Article 245) are included in abbreviated judicial proceedings. This allows squatting cases to be resolved within a maximum of 15 days from the time the case reaches the court.
2. Reduction of legal timeframes:
   Previously, eviction proceedings could take months, which created uncertainty for homeowners.
   With the reform, evictions are expected to be carried out in a matter of hours or days once the judge issues a ruling.
3. Application regardless of the family situation:
   The new regulation establishes that the presence of minors in the occupied dwelling will not stop the rapid eviction process.
   Even if there are children in the occupied dwelling, the judicial process will continue without delay.
4. Specific procedure:
   Once the illegal occupation is detected, the judge has 72 hours to summon the parties involved.
   The trial must be held within a maximum of 15 days, and the judge has three days to issue a sentence.
5. Current status of the reform:
   Although Congress has approved this reform, Senate approval is still required for it to become fully effective.
   The new law is expected to become effective in mid-January 2025.

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