He Congress of Deputies recently approved a reform that promises to streamline legal procedures against illegal occupation of housing. THE measure for the “anti-squatters” law, promoted by the PNV and supported by groups such as the PP, Junts, the UPN and the Canarian Coalitionraised great expectations. Even parties like Bildu and ERC, generally opposed to these proposals, supported the amendment, although both attributed their vote to an “unjustifiable error”. This “error” therefore implies a new legal tool for owners who are faced with this problem, not without important limitations and nuances.
The key change lies in include the crimes of usurpation of residence, included in article 245 of the Penal CodeAnd break and enter, in article 202, within the framework of the abbreviated procedures of the Code of Criminal Procedure. This allows the squatters can be judged within a maximum period of fifteen daysthus speeding up evictions and allowing virtually immediate evictions in egregious cases. But the reform is also the subject of criticism and questioning, because it does not cover all situations linked to the occupation. Below we analyze in depth what this reform is, what changes it introduces and how it will affect owners as well as people who occupy homes in Spain.
What does the reform of the “anti-squatter” law consist of?
The main advance in this reform of the “anti-squatter” law is the introduction of a abbreviated procedure for judging offenses of usurpation and trespass. According to legal experts, such as Luis Garcialawyer within the GBLABEL firm in statements to the esRadio program, “E casa de Herrero”this procedure simplifies and considerably reduces legal resolution times. Until now, the eviction of squatters could take months or even years, but with the new regulations, in just a few days a judgment could be rendered and the eviction carried out. The lawyer however explained that in the If an owner does not collect rent from his tenants, squatting “will not be considered criminal”so that it will not be possible to act in a few days, since this “crime of usurpation or intrusion” does not occur.
But in the event that the eviction can take place within a period not exceeding 15 days, a vulnerability study will not be required for illegal occupants, further accelerating the resolution. If the reform receives the final green light from the Senate, the criminal occupation will face a much faster legal process and efficient, which represents a radical change from the current system.
Which cases will be affected by this reform?
It is important to note that not all professional situations fall within the scope of this law. As García explained, The reform will only be applicable to professions of a criminal nature, that is to say when there is an obvious crime of usurpation or intrusion.
So, to the example given above about tenants who cannot pay their rent, we add the fact that the occupants can demonstrate a situation of vulnerability deserving protection since they won’t be affected either. This limits the scope of the reform to the most egregious cases, leaving aside more complex or gray situations.
What implications does this have for owners?
For owners, this reform can provide relief in the fight against illegal occupation. The ability to evict squatters within days represents a significant change compared to the long and tedious process that was necessary until now. However, it also raises questions about how it will be applied in practice and whether the courts will be able to handle this new workload without collapsing.
On the other hand, cases in which the occupants do not commit flagrant crimes will continue to depend on the procedures in forcewhich can be long and complicated. This means that although the reform represents progress, it does not completely solve the problem for all affected owners.
What do the experts say and what lies ahead?
Although Congress approved the reform, it must still be submitted to the Senate to be definitively ratified. Let’s not forget that a few erroneous votes and abstentions have led to its validation in Congress for the moment, but if it is finally approved, Spain will have a more effective legal tool to end the criminal occupation. Without However, lawyers and jurists insist that It will be essential to observe how the distinction between criminal and non-criminal professions is managed.as well as the application of this new law in cases involving vulnerable groups. After analysis, we realize that the reform poses a delicate balance between protecting the rights of owners and respecting human rights, which will likely spark intense debates in the future.
