In recent years, squatting has risen to the list of concerns for Spaniards. A problem which has worsened recently and which is giving rise to a great political and social debate.
Very often, owners do not know what to do when they encounter … their house squatted and they often encounter legal obstacles which prevent them from recovering their housing.
Lawyer Paula Zotofrom the law firm Le Morne Brabant Abogados, shared on the portal ‘Confi Legal’ several useful tips for those who could find themselves in this situation and issues a warning on what not to do if they squat our house.
The criminal law expert made important recommendations on how to act against illegal occupation of housing. The key is to distinguish between intrusion and usurpation: “Home invasion occurs when the home is occupied “This is the person’s habitual residence, while the usurpation concerns uninhabited dwellings,” he clarified.
Zoto stressed that in both cases the intervention must be carried out legally, by addressing the authorities. Cutting off basic services such as water or electricity is not a valid option, because “this could lead to criminal prosecution for the offense of coercion, with penalties of fines or even prison.”
“Biggest legal complications”
Furthermore, he stressed that acting outside the law “would only prolong the time squatters spend inside and lead to greater legal complications… everything would take longer.”
The lawyer also warned of the legal protection that extends to both first and second homes. According to case law, “the legal protection is the same in both cases”, Any occupation under these conditions may be considered an trespass.a blatant crime that warrants immediate police action.
Another very relevant piece of advice is not to intimidate squatters and not to try to take the law into your own hands. According to Zoto, “the conclusion of an economic agreement is entirely valid as long as it is done within legal limits.”
Finally, the lawyer debunked certain myths, such as that of the 48-hour deadline to act. “The offense of breaking and entering is continuous and flagrant. It doesn’t matter when this is reported; “The important thing is to demonstrate that it is the habitual residence.”
Zoto concluded with a clear recommendation: “Trust the law and the security forces. Acting outside the legal framework not only complicates the situation, but can also cause serious problems for owners.
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