On November 14, 2024, the Spanish Congress passed an important amendment to the law that is of particular interest to property owners. With the amendment to Article 795 of the Code of Criminal Procedure, certain cases of squatting will be dealt with in summary proceedings in future. This change promises faster and more effective legal handling of situations that have posed major challenges for many owners and investors in the past.
What will change in concrete terms?
The new regulation means that offenses such as trespassing and illegal squatting can be dealt with in summary proceedings. This means that court proceedings in such cases will be shortened to around 15 days. The aim is to enable property owners to restore their property rights more quickly and avoid long periods of uncertainty.
Important to know: This change in the law does not apply to all conflicts relating to housing.
Tenants who are unwilling to move out (e.g. people who remain in the property after their tenancy agreement has expired or despite being in arrears) are not covered by this new regulation. Such cases must continue to be resolved in civil proceedings, which generally take considerably longer.
Why was the change introduced?
Squatting, especially of second or vacation properties, has increased in Mallorca and the rest of Spain in recent years. This has led to frustration and uncertainty for many owners, as previous procedures often took months or even years. The new legislation aims to strengthen the rights of owners by enabling a quicker legal response.
Context of the debate
The amendment to the law was passed in the midst of an intense debate on housing rights and the social consequences of the housing shortage. While property owners welcome the new regulation, there is criticism from social organizations. They argue that the focus on faster eviction could increase the pressure on people in precarious living situations, who often see no alternative to squatting.
What does this mean for owners in Mallorca?
For property owners in Mallorca who are affected by squatters or see an increased risk, the change in the law offers more security. Faster eviction of illegally occupied properties not only protects the rights of the owners, but also the value and potential use of the properties.
Tip from Claus von Benz Real Estate Mallorca
Owners should continue to protect themselves legally in good time in order to be prepared in the event of an occupation. This includes, among other things:
- Comprehensive buildings insurance with protection against trespassing
- Clear rental agreements that offer legal security
- The regular inspection of unused properties
Conclusion
The new legislation is a step in the right direction to strengthen the rights of property owners in Spain. At the same time, it remains important to find a balance between property rights and social challenges. For owners and investors in Mallorca, this means that in future they will be able to act more quickly in cases of squatting - an important point for the protection of property values and personal property.
Do you have any questions or need support with the management or protection of your property in Mallorca? Claus von Benz Real Estate Mallorca is at your side with expertise and individual solutions. Contact us today!