Okupas in Spain: The Spanish Squatter Movement

Spain is one of the richest countries in terms of culture. It boasts numerous world-famous monuments and cathedrals. However, tourists must be extremely cautious: they may get robbed right in public transport or in the street.

While robbers scare tourists, property owners, or those who want to buy cheap Spanish properties, are literally terrified by someone else – “Okupas”. The topic has gained popularity in social media during the quarantine. Let’s pay a closer look at who the okupas are, where they come from, and why they are a threat to property owners.

The Okupas: Who Are They?

In modern Spain, the word “okupas” is used to name people who keep living in a house even if they can’t pay for it. It all started from an attempt by the Spanish government to support citizens during the financial crisis in 2008. The government has adopted laws.

They were primarily designed in order to protect the rights of tenants who found themselves in a difficult financial situation. So, basically, the law allowed tenants to keep living in a house, even if they can’t cover the housing bills.

As it usually happens, law-abiding Spaniards, who faced temporary financial trouble, haven’t used the right as widely as “uncovered” migrants and marginalized groups. An interesting fact is that many shady people who utilized the right weren't staying on the territory of Spain legally. Since they started to literally capture unprotected properties, the term okupas – deriving from a Spanish verb “ocupar”, which means occupy or capture – became associated with the phenomenon.

Legal homeowners found themselves in a complicated situation. They couldn’t get rid of the property if they cover utility bills – even someone else’s. In order to evict tenants who legally stayed in the house yet didn’t make any payments, they could spend plenty of time in courts without any guarantees of success. If tenants had had children, the chances would have decreased to almost zero.

Luckily, the situation changed with time. Two major changes provided homeowners with more rights:

1. An expedited hearing – according to the Law on “Forced Eviction” that was adopted two years ago, in 2018, cases of illegal occupation of residential property are entitled to an expedited hearing.
2. A homeowner has the right to apply to the police even if he doesn’t have the names of the okupas. It used to be a significant problem since the squatters didn’t provide their personal data.

Real Estate at Risk of Being Occupied

Although okupas exist everywhere throughout Spain, the two major cities with the highest density of squatters are Madrid and Barcelona. It’s no surprise since that’s where the majority of immigrants exist. Okupas don’t squat in any house. They choose their victim. Here are some important aspects:

Low Standard of Living

Okupas don’t go for areas with a high standard of living. They usually choose extremely cheap houses in ghetto areas.

Lonely Houses

Squatters consider the infrastructure and neighbors while choosing their victim. They are more likely to squat a lonely house in a remote area with no neighbors rather than the one in the middle of a busy street.

Lack of Security

Security cameras and smart home appliances are amazing tools that allow you to control your property even if you are miles away. Once you suspect that someone is trespassing your private property, you can call the police right away. Squatters know this; and, therefore, avoid such houses.

Property Owned by Legal Entities

It’s much easier for squatters to live in houses that belong to legal entities or banks. There are two reasons for that. First of all, the law protects citizens’ rights. Secondly, corporations prefer to delegate the work to lawyers that abide by the law. It’s an ideal combination for okupas.

What Should You Do if You Face the Okupas?

Unfortunately, okupas are not rare in Spain. Even if you were lucky to buy an okupas-free property, they may come to you and imitate, as if they were living there for a long time already. First things first, it’s better to keep your emotions cool. If you use physical force, you may find yourself in bigger trouble.

You can count on the immediate eviction of illegal tenants only if they have been caught breaking into your house. Once they managed to do this and changed the locks, your only option is court. It’s advisable not to waste time and immediately turn to the local police and report a crime.

You, as a landlord, have two legal options. The first one is applying to a court in terms of civil law. The second one – involving the police and the investigation – in other words, acting in terms of criminal law.

All in all, okupas are the manifestation of how a noble purpose leads to increased criminal activity. We are going to hear about squatters for a long time.