Two Very Different Situations: Allanamiento vs Usurpación

Spanish law treats squatting differently depending on the type of property. Allanamiento de morada applies when someone occupies a home that is in use as a dwelling (your main or second home) — this is a more serious criminal offence and the police can often act quickly to remove the occupiers. Usurpación applies when the occupied property is not currently anyone's home (e.g. an empty investment property or a bank-owned flat) — this is a lesser offence and usually requires a civil or criminal court process to recover possession.

What To Do If Your Property Is Occupied

Speed is everything. If you discover an occupation, do not attempt to remove the occupiers yourself, cut off utilities, or use force — this can expose you to criminal liability. Instead:

  1. Call the police (112 / Guardia Civil or Policía Nacional) immediately. If the occupation is very recent — within roughly the first 24–48 hours — they can sometimes act as a flagrant offence without a court order.
  2. Contact a lawyer at once. We assess whether the case is allanamiento (faster) or usurpación, and file the correct criminal complaint (denuncia) or civil claim without delay.
  3. Gather evidence of ownership and that the property is your home or was not freely handed over: title deed, utility bills, photos, alarm records and witness statements.

How Long Does It Take to Evict Squatters?

For a genuine dwelling (allanamiento) caught early, removal can happen within days via the police. Where a court process is needed, recent reforms have created faster civil procedures for recovering possession, but realistic timescales still range from a few weeks to several months depending on the court, whether the occupiers claim vulnerability, and whether social services must be involved. Acting quickly and with the correct legal route from day one is the single biggest factor in a fast outcome.

How to Prevent Squatting

Prevention is far cheaper and faster than eviction. Practical and legal measures we recommend for Costa del Sol owners include:

  • A monitored alarm and smart cameras — a monitored alarm can trigger a rapid police response as a home in use.
  • Reinforced doors and a trusted local keyholder who checks an empty property regularly.
  • Anti-squatting insurance (seguro antiokupación), increasingly offered on the Costa del Sol, which funds legal costs and sometimes lost rent.
  • Keeping utilities connected and the property looking lived-in, and registering the property correctly so ownership is easy to prove.

Frequently Asked Questions

Sometimes. If the occupation is caught in the act (flagrant) or the property is clearly someone's home (allanamiento de morada), the police can often act quickly without a court order. Once the occupiers are established and claim the property as their residence, a court process is usually required. This is why calling the police and a lawyer within the first hours is so important.
Empty second homes are the highest-risk target. We recommend a monitored alarm, a local keyholder, anti-squatting insurance, and keeping the property registered and looking occupied. We can also act as your local legal contact so that, if anything happens, a complaint is filed immediately even while you are abroad — under a Power of Attorney if needed.
Not easily. Spanish adverse possession (usucapión) requires very long, uninterrupted possession (generally 10–30 years depending on circumstances) and specific conditions. In practice, ordinary squatters do not acquire ownership — but the longer they remain, the more complex and costly recovery becomes, so you should always act promptly rather than wait.