What to Do If You Have Okupas in Your Property: A Complete Guide

Finding out that okupas (illegal squatters) have taken over your property in Spain is every homeowner’s nightmare. So, what can you do about it? There are three main ways to remove them, plus a few extra tricks that might help.

Important: Every case is different, so always consult a lawyer before taking any action. But here’s a breakdown of how things typically work so you know what to expect.

1. The Legal Route: Criminal Court

If there are okupas in your property, you can file a criminal complaint for usurpation under Article 245 of the Spanish Penal Code.

The Problem?

• You’ll have to go to court.
• The process can take over 18 months.
• It's the slowest and most complicated option, which is why many property owners try other methods first.

2. The Legal Route: Civil Court

There are two types of eviction processes through civil court:

1. Ordinary Process (Article 399 LEC) → Takes 12-14 months.
2. Express Eviction (Article 250.1.4 LEC) → Faster, 6-12 months (only if there’s unpaid rent or clear illegal occupation).

The Problem?

Okupas know the law and will try every trick in the book to delay the process—ignoring court notices, postponing testimonies, or even claiming false residency rights.

Which Option Is Better?

• Civil court is usually the best choice → You don’t need to know the okupas' identities (which is often impossible).
• Criminal court is slower and more expensive, and you need to identify the okupas, which can be a major obstacle.

3. Private "Desokupa" Companies

These are specialized companies that help remove okupas without going through the courts. Here’s how they work:

• They station security guards at your door.
• The moment an okupa leaves the house (for groceries, etc.), they are blocked from re-entering.
• They negotiate with the okupas to convince them to leave.

How Much Does It Cost?

• Prices range from €1,000 to €3,000 depending on the case.

Be Careful: Scams Exist!

• There are many fraudulent "desokupa" services, so research thoroughly before hiring one.
• These companies cannot use violence but can apply legal pressure to encourage okupas to leave.

Final Thoughts

Removing okupas is never easy. The best approach depends on how quickly you need them out and how willing you are to go through legal processes.

Fastest option? Hiring a desokupa company (if you choose the right one).
Most secure legal option? Filing a civil case.
Slowest and most complicated? The criminal route.

If you own property in Spain, it’s always smart to take precautions, like installing security systems or regularly checking on vacant properties. The sooner you act, the better your chances of resolving the situation quickly.