The Organic Law 1/2025, approved on 2 January and in force since 3 April 2025, introduces a series of measures to improve the efficiency of the Public Justice Service in Spain. Among its main objectives is to expedite the eviction of squatters by amending the Criminal Procedure Act (Ley de Enjuiciamiento Criminal, LECrim), which brings the offences of home invasion and unlawful occupation of property into the fast-track trial system, enabling a swifter and more effective judicial response to illegal occupation.
Fast-track trial for occupation offences
One of the most significant changes introduced by this law is the amendment to Article 795 of the LECrim, which allows offences of home invasion and unlawful occupation of property to be processed via the fast-track criminal trial procedure. Under the reform, these cases must be concluded within 15 days of being brought before a court, with the aim of reducing the time taken to evict illegal occupants and speeding up the administration of justice.
The law establishes clear distinctions between these two offences:
Home invasion
The offence of home invasion refers to occupying a person’s habitual residence. It is considered a serious offence under Article 202 of the Criminal Code, allowing the police to act immediately within the first 48 hours if evidence exists. In such cases, the police may carry out the eviction without the need for a trial.
Unlawful occupation of property
The offence of unlawful occupation of property covers the occupation of premises that are not a person’s habitual residence, such as unoccupied properties or commercial premises. This offence, regulated by Article 245 of the Criminal Code, is less serious, and the police cannot act immediately; the property owner must seek judicial redress.
Eviction process and judicial response
The eviction process following unlawful occupation follows this procedure:
-
The affected property owner must file a complaint with the competent authorities.
-
After the complaint, the occupants are summoned as alleged offenders.
-
If it is proven that the squatters have no rental agreement or permission to occupy the property, they may be convicted.
-
Eviction does not occur immediately after the complaint; it is executed once the trial has taken place.
-
With the reform under Organic Law 1/2025, trials for these cases must be held in a shorter timeframe, expediting the judicial process.
Legal consequences for squatters
Squatters found guilty may face various penalties, including fines for less serious cases and imprisonment for more severe situations. Sentences are harsher if violence or intimidation was used during the occupation.
Vulnerability
Significant changes have been introduced regarding the protection of vulnerable individuals in eviction scenarios. Under Royal Decree-law 11/2020, persons in a vulnerable situation (due to economic or family reasons) could not be evicted without being provided with alternative accommodation.
However, the new law stipulates that in cases of home invasion or unlawful occupation prosecuted under this legislation, no vulnerability assessment will be conducted, as these offences are regarded as flagrante delicto. This measure aims to accelerate evictions by removing delays previously caused by vulnerability evaluations and speeding up case resolutions.
Exceptions in squatter evictions
It is important to note that Organic Law 1/2025, of 2 January, published in the Official State Gazette (BOE) no. 3 on 03/01/2025, does not affect cases of tenant eviction for non-payment. Such cases will continue to follow the traditional eviction procedures under the regulations in force prior to the reform.
The reform introduced by Organic Law 1/2025 seeks to reduce bureaucracy and judicial backlog in occupation cases, allowing home invasion and unlawful occupation matters to be resolved more swiftly. This enhances the efficiency of the justice system, facilitating private property protection and providing a rapid response to illegal occupation offences.
If you own property and find yourself in this situation, contact our legal team to assess your specific case; we can assist you.
Photo by Derek Pell on Unsplash
