Illegal housing occupations remain a problem throughout Europe, but especially in Spain, although the numbers show a descent against previous years. The situation may seem distant, but it continues to worry who has a second home, properties to lease or absent for long periods.
Although there are about 27 million dwellings in Spain, in 2024 there were 16,400 allegations of illegal occupations, according to the Spanish portal El Adelatal. The number is reduced compared to the total, but the possibility of being the target of such an episode is superior to winning the lottery.
In many cases, conflicts are resolved outside the courts through direct negotiations with occupants or the intervention of deprived companies. Still, legal proceedings can drag themselves for years, implying high costs for owners.
The vision of a Supreme Judge
Magistrate Vicente Magro, judge of the Spanish Supreme Court and author of a book on the subject, argues that the key is in speed. According to the judge, the performance should take place in the early hours after the occupants’ entry.
According to Magro, if the complaint is filed immediately, the police can act and proceed to the disruption even without court order. To this end, just prove that the invasion occurred a few hours earlier.
In his opinion, an interval of five to seven hours still allows the authorities to quickly intervene and restore the possession of the housing to the legitimate owner.
The Time Problem
This obstacle arises when the exact moment when the occupation was unable to prove. Without this data, the police hesitate to act for fear of being accused of illegal disruption.
Currently there is no legal limit defined for this immediate intervention in illegal occupations. Some judges consider it reasonable up to 12 hours, others point 24. After this deadline, the tendency is to refer the case to longer judicial proceedings.
That’s why Vicente Magro presented a practical solution that can make all the difference.
The recommended measure
The judge suggests the installation of an active alarm system 24 hours. Through this mechanism, any unauthorized entry is detected and communicated immediately to the security company.
The company verifies the occurrence and, in case of occupation, warns the police authorities. With the exact time registered, the police have a solid basis to quickly intervene and dislodge occupants without waiting for court decision.
Decisive proof
The so -called security company and the alarm signal act as unequivocal proof of the moment the invasion occurred. This information allows security forces to act immediately and within legality.
According to Magro, the measure has been discussed until the level of the State Secretariat of the Ministry of Interior, a sign that it may be integrated more broadly as a prevention instrument.
Costs and Benefits
For owners, it is an investment that can avoid years of lawsuits and expenses increased by lawyers and courts. In addition, it returns tranquility to those who have holiday homes or leased properties.
Although it does not fully eliminate the risk, it represents an effective way to ensure that if an invasion occurs, the answer is immediate and legally supported.
A matter of prevention
According to, experts warn that, in addition to the use of alarms, it is important to maintain regular contact with neighbors, periodically check the real estate and act quickly before any suspicious sign.
However, the Supreme Judge’s recommendation places alarms as the first line of defense against a problem that, although not massive, continues to affect thousands of families in Spain.
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