Given the growing public interest and concern over the rise in illegal occupation in Spain, at BlancaReal we would like to inform you of the legal protection afforded to new-build property developments.
- Current Situation Regarding Illegal Occupation in Spain
In recent years, the illegal occupation of residential properties has seen an alarming increase across various regions of Spain, and Málaga has been no exception. This issue has affected private homeowners, large-scale property owners, and public administrations alike.
Contributing factors include the shortage of affordable housing, rising rental prices, and the slow pace of legal proceedings.
Property owners are often forced to endure lengthy court processes to reclaim their properties—procedures which can take between 12 and 23 months, depending on the autonomous region—causing both financial and emotional distress.
- Legal Considerations to Bear in Mind
Illegal occupation in Spain constitutes a criminal offence.
Depending on the actual circumstances of the property, it may be classified as follows:
2.1. Crime of unlawful entry, Article 202 of the Spanish Penal Code
- Applies to properties in which a person resides, whether the resident is the owner, a tenant, or occupies the property under any other legally valid title, either permanently or temporarily.
2.2. Crime of unlawful occupation, Article 245.2 of the Spanish Penal Code
- Applies to properties intended as investment assets, which are uninhabited or vacant for any reason and do not constitute anyone’s home, whether permanent or temporary.
- In the event that the occupation takes place during construction:
Developments under construction are fully protected by law as private property, even if the homes have not yet been completed or occupied.
As such, both the ownership and possession of the properties are legally safeguarded.
- Solutions to Illegal Occupation
The judicial route is reliable, but slower. If the occupation is tolerated and the intruders begin to live in the property as if it were their home, legal proceedings will inevitably be required, with the associated delays.
The police route—treating the act as a flagrant offence—is the fastest, as it allows for immediate eviction by the police.
To qualify the offence as flagrant, it is strongly recommended to install alarm systems with cameras and direct police alerts. These provide proof of the occupation and facilitate immediate police intervention.
In conclusion, although illegal occupation is a legitimate concern, new-build property developments are backed by robust legal protections that offer security against this issue and ensure an effective and prompt response should such a situation arise.