The seizure of property without the owner’s consent, known as ‘ransomas’, is one of the myths of the Spanish property market. The phenomenon does exist, but its scale is diminishing, as confirmed by data from the Ministry of the Interior. In turn, protection against ‘ransomas’ will increase thanks to the new legislation.
The number of “ransoms” is falling
According to data from the Spanish Ministry of the Interior, there were 1,436 fewer cases of property seizure without the owner’s consent across the country in 2023 than there were the year before. This represents a year-on-year decrease of 8.8 per cent. Among the regions where the number of ‘ransoms’ fell were: Valencia (-19.1%), Castilla-La Mancha (-12%), Catalonia (-10.6%), Andalusia (-7.2%) and Castilla y Leon (-5.3%). In the province of Málaga, there were only 439 cases of ‘okupas’ in 2023.
The phenomenon of ‘ransoms’ mainly concerns unoccupied properties owned by banks or investment funds for a long time. On the Costa del Sol, where houses and flats are in constant use and the golf season begins after the tourist season, cases of occupation are marginal. In addition, regulations are changing throughout the country, also concerning ‘ransomas’.
What is changing in the legislation?
The May 2023 amendment to the housing law, the Ley de Vivienda, covered, among other things, the issue of ‘okupas’. The legislation has not yet been implemented by all Autonomous Communities, and Andalusia… challenged it before the Constitutional Court. In May 2024, it confirmed that the regulations on the eviction of tenants are still in force, but that part of the real estate legislation remains with the autonomous communities.
The Spanish Congress of Deputies has approved new regulations to tackle the problem of ‘ransomas’. Under these regulations, property owners will receive greater protection against illegal occupations of their homes or flats. A bill on the matter is now awaiting final approval in the Senate – it is expected that the changes will enter into force without major modifications.
The new ‘ransomas’ legislation in Spain introduces several important changes to improve the fight against illegal occupation:
- Under the new regulations, cases of illegal occupation of property and infringement of property will be dealt with in an expedited manner. It is envisaged that the maximum waiting time for adjudication will be only 15 days, which is expected to significantly speed up court processes and allow property owners to regain their premises quickly.
- In view of obvious cases of illegal occupation of property, the police and other law enforcement services will have the right to carry out an eviction without a prior court order. For this to be possible, property owners will have to provide the relevant documents proving their ownership rights. This solution is intended to shorten procedures and make enforcement more efficient.
- The new legislation also introduces a number of improvements for property owners. Reporting illegal occupation will be made easier and owners will be able to claim liability from ‘ransomers’ for the damage caused. The facilitation of these procedures is intended to increase the protection of those who become victims of illegal property seizures.
The amendment does not cover all situations related to property occupation. The provisions exclude those related to rent arrears and cases where the occupiers can prove that they are in a difficult life situation. These exceptions are intended to protect people who are in crisis situations and cannot pay their rent.
Greater protection from “ransoms”
The bill is currently in the Senate. Once approved by the chambers of parliament, the new legislation will be published in the Journal of Laws and will enter into force immediately.
The new regulations aim to provide greater protection for the rights of property owners and to combat ‘ransomas’ more effectively. The introduction of these changes has been welcomed by many industry organisations, who stress that speeding up procedures and simplifying the eviction process is an important step towards improving security in the Spanish property market.
Notwithstanding the changes in property laws, burglary and home seizure are criminalised in Spain. Article 202 in the Spanish Criminal Code deals with burglary when the perpetrator is caught in the act. In practice, it refers to a report within the first 48 hours of a wild occupant. In this case, the police have the right to immediately ‘liberate’ the flat.
