Judge: Turning off supplies during squatting is not coercion
Lawyers agree: Disrupting utilities during squatting is not a coercive offense under certain conditions. An analysis of the legal criteria.
Squatting in Spain continues to rise, with more than 16,400 cases recorded in 2024. Courts in Barcelona have now ruled that cutting off electricity or water in squatted properties does not constitute coercion.
This ruling comes amid a surge in squatting, with Catalonia experiencing the most cases. The average time to evict a squatter is almost 24 months.
On March 7, the judges of the Criminal Chambers of the Barcelona High Court agreed to standardize their approach to squatting. Accordingly, cutting off electricity or water in occupied properties is not considered coercion. This means that owners of squatted buildings can disconnect utility services without fear of legal consequences.
Furthermore, courts in Barcelona are not allowed to file a complaint for minor squatting without first instructing the police to establish the identity of the squatters. This is intended to prevent the proceedings from being unnecessarily drawn out and allows them to determine whether the squatters are vulnerable people and to offer them appropriate assistance.
Squatting continues to increase
Data from the Ministry of the Interior shows that 16,400 cases of squatting were registered nationwide in 2024, compared to 15,000 in 2023. This represents an increase of 7.4% and is the third-highest number since records began in 2010. These figures include complaints filed with the security forces, but not those resolved out of court.
Catalonia recorded a total of approximately 7,000 cases of squatting in 2024, representing 42% of the nationwide cases. This makes Catalonia the region with the most squats, with Barcelona being the most affected.
Record times for evicting squatters
At the end of 2023, the average time to evict a squatter from a property was almost 24 months.
This includes the duration of proceedings in the district courts and the higher regional courts in the event of an appeal. According to the General Council of Judges and Public Prosecutors, the average duration of proceedings has almost tripled in the last five years.
The duration of proceedings varies considerably by region. While the longest durations are recorded in Castile and León and Murcia, they are shortest in Navarre and Aragon.
Sales of squatted properties are increasing
The sale of properties without title to possession has become established in the Spanish real estate market. Squatted houses now account for approximately 2.5% of all properties for sale in Spain. In the fourth quarter of 2024, approximately 20,500 properties were reported as occupied. The Girona region is particularly affected, with 9% of properties for sale being occupied.
The Platform of Victims of Squatting has denounced the Spanish government's inaction to the European Parliament. During a public hearing in Brussels, the issue of suspended eviction proceedings and the impact of squatting on property rights were addressed.
Congress has approved a bill aimed at allowing evictions within 48 hours. The bill proposes changes to civil and criminal law to expedite the proceedings.