The Spanish word “ransomas” comes from the verb “ocupar” and means “to capture, to seize.” – the word has become synonymous with these phenomena. It involves unwanted tenants breaking into empty apartments, often owned by foreign tourists, banks or investment funds. The time has come in which Spaniards are saying enough. Until now, lawsuits to evict illegal tenants have taken months. Now things are about to change thanks to a new law that was approved by the Congress of Deputies in November 2024.
What value is contained in the new law?
An amendment to the Criminal Procedure Law (Lecrim) introduces the possibility of dealing with cases of usurpation and violations of home turf under an expedited procedure. It is stipulated that courts will be required to resolve such cases within a maximum of 15 days. Currently, these trials take between 4 and 9 months, which has been a heavy burden on both property owners and the judiciary.
The new legislation also introduces simplified procedures for reporting illegal home seizures. Owners will be able to use simpler forms, which is expected to significantly speed up the process of asserting their rights. The law is also expected to strengthen the protection of private property and counter the activities of organized crime groups that seize properties in a systemic manner.
When can changes be expected?
According to the Spanish Constitution, the Senate has two months to consider the law. If the Senate makes no changes, the text will go to King Felipe VI, who will approve it. In the event of any Senate amendments, the bill will return to Congress. However, experts predict that the People’s Party’s (PP) absolute majority in the Senate will result in the law being approved without major modifications. All indications are that the law will be approved by the Senate, and once approved by King Philip VI, it will go into effect in the first half of 2025.
What will it look like in practice?
Crimes involving burglary and illegal entry into real estate will be processed within 15 days. Once the perpetrator is arrested, a hearing must be held within 72 hours, and a verdict is reached within 3 days after the hearing.
How do you protect your properties from unwanted tenants?
Despite the change in regulations for the better, it is still important to remember to take precautions and prevent the intrusion of unwanted tenants. A way to secure your home while you are away is to contract with a local security company, preferably one that arrives on site as soon as possible and has a direct connection to the Police. In addition, it is very important to check into your new home after buying a property in Spain. Remember that the phenomenon of Ocupas, which has recently been publicized in the Polish media, is not a common incident these days, and the properties occupied are usually abandoned, old farms or apartments in poverty-stricken neighborhoods. This problem shows how important it is to choose the right real estate agent, who will show the safest locations, guide you through processes to secure the property from unwanted tenants and streamline their eviction.
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