The Spanish real estate market in recent years has enjoyed unwavering interest from both domestic and foreign investors. Many are concerned about the problem with so-called ocupas, or wild tenants. In February of this year, the Spanish parliament passed a law that significantly reduces the time it takes to deal with crimes of illegal trespassing and occupation. What does this mean in practice?
“Ocupas” is derived from the Spanish word “ocupación,” which means to occupy someone's land. It defines both the phenomenon itself and the people who commit the act. Savage squatters are not uncommon concerns among foreign investors, who do not know the extent of the problem and how to protect themselves from “unwanted guests.” In 2023, there were 15,000 cases of illegal foreclosures, according to Spanish statistics. To grasp the scale of the phenomenon, it is worth recalling that Spain has a population of 49 million.
The question about so-called ocupas comes up almost every first time we talk to new clients. It is a very media-savvy phenomenon, and most investors have heard of it and would like to know more. However, the scale of the problem does not deserve the media attention it receives
— says Tatiana Pękala of Dream Property Marbella, a Polish real estate agency in Spain.
The phenomenon of wild tenants does not affect the investment decisions of Poles, whose interest in buying apartments and houses on the Iberian Peninsula has been growing steadily for the past five years, and there are no signs of reversing this trend.
We have yet to see any of our clients abandon the purchase of their dream property out of fear of wild tenants. Usually, after explaining what this phenomenon is, we also point out solutions that protect property owners
— adds Tatiana Pękala.
How to protect a property from so-called ocupas?
To prevent wild occupants from settling in a house or apartment, it's worth visiting it regularly, taking care of security solutions, including bars, alarms, monitoring systems or burglar-proof blinds, and handing the property over to a trusted professional to manage while you're away. Also, some insurance options offer the possibility of including in the contract protection against illegal seizure of apartments or houses, which includes legal assistance and coverage of costs associated with their recovery.
Changes in law against wild tenants
Opposition parties in Spain have been fighting for years for legislative changes to counter the “ocupas” and have finally come up with a solution. on February 15 of this year. Congreso, or Spanish parliament, passed a law that significantly shortens the time it takes to deal with crimes of illegal occupation and property invasion. Thanks to this reform, wild tenants will be tried in a special procedure, within 15 days of filing a report, greatly speeding up eviction procedures. The change is very important for homeowners and apartment owners, who until now had to wait months or even years to get their properties back. The new regulations will come into effect on April 3, 2025.
Implementation of the new law should help marginalize the problem and create a friendly and safe environment for investing in Spanish real estate
— evaluates Tatiana Pękala.
Dream Property Marbella is a Polish real estate agency on the Costa del Sol in Spain. For more than 15 years, it has been helping to fulfill the dream of living the vacation life, in a place that offers almost 320 sunny days a year. Dream Property Marbella guarantees excellent knowledge of the local market and access to a wide portfolio of top quality apartments and houses in Marbella, Puerto Banus, Estepona, Benahavis, Sotogrande and many other attractive locations. A team of experienced advisors supports clients in selecting the best offer for their investment, guides them comprehensively through the buying and selling process and assists them in optimal property management.
