In recent years, illegal occupation of property has become an increasingly common problem.

It happens when someone enters and stays in a property without the owner’s permission and without paying rent. Typically, this involves a person with no connection to the property using force, threats, or intimidation to take up residence.

Preventive measures, quick action, and knowledge of the relevant legal procedures are essential to resolve these situations and protect property rights.

Preventive steps—like installing alarms or security cameras, adding reinforced doors, or sealing off entrances—can help deter illegal occupation and prevent problems before they arise.

If you notice signs that someone is occupying a property illegally, it’s crucial to act quickly. Contact the police or the Mossos d’Esquadra immediately to prevent the occupants from establishing the property as their residence and to allow law enforcement to carry out an eviction if necessary.

Legal options

The type of legal action depends on how the occupants behave:

Criminal action:

  • Usurpation (Penal Code art. 245) applies when there is violence or intimidation, and the act is serious enough to qualify as a crime.
  • Home invasion (Penal Code art. 202) applies when someone illegally enters a property that is a primary or secondary residence.

These cases are handled through fast-track trials, and courts may issue precautionary measures such as immediate eviction.

Civil action:

  • If the occupation does not meet the threshold of a crime, a civil procedure is recommended. Under Organic Law 1/2025, an alternative dispute resolution (ADR) process must generally be attempted before filing a claim, which can make property recovery more complex.

Some civil options include:

  1. Summary possession claim: a fast-track procedure under Civil Procedure Act art. 250.1.4. The occupant must provide proof of right to remain within five days, or the court will order immediate eviction. This option is available only to individuals, non-profits, or public entities—not to companies or legal entities.
  2. Eviction for unauthorized occupancy: under Civil Procedure Act art. 250.1.2, applicable when someone remains on a property against the owner’s wishes without paying rent. ADR must be completed first.
  3. Action to enforce a registered property right: based on Mortgage Law art. 41, this allows registered property rights to be enforced through a verbal trial. Courts can grant precautionary measures to protect the owner’s rights during the process, providing an effective defense against property dispossession.

If you would like more information, please feel free to contact the procedural law department at addwill at comunicacio@addwill.eu, by calling +34 934 875 200, or by clicking here. We will be happy to help.