The problem of ‘ransomas’ faced by property owners in Spain has been written about by the media on a number of occasions. However, it is worth bearing in mind that it often concerns a specific type of property – abandoned estates rather than flats bought for investment purposes by private clients. Locations such as the Costa del Sol are almost free of seizure attempts.
Who are the ‘occupiers’?
“Ransomas” derives from the Spanish word “ocupación”, meaning to occupy someone else’s land, and describes both the phenomenon and the people who occupy other people’s properties. “Savage squatters” are a problem, not uncommonly causing sleepless nights for property owners in Spain leaving the country for extended periods of time, as well as for banks and investment funds – who own many undeveloped and unoccupied properties. It is these types of ‘ransomware’ entities that give their hardest time, settling in houses and residential complexes that have been standing abandoned for long periods of time.
How do the ‘ransomware’ work? There are several scenarios. One is to observe the property and take all the steps to occupy it. A few days before they plan to break into a house or flat, they order food to the address they have spotted. This allows them not only to confirm the absence of the owners, but also their ‘stay’ at the address indicated.
Then, after breaking down the door or breaking down the lock, they occupy the property and begin the process of “acclimatisation”. – They insert their own belongings, put their memorabilia on the shelves and sometimes… sign a contract with the utility providers, which makes their presence credible. In this way, the house becomes their residence, effectively making eviction more difficult.
How many properties are affected?
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 León (-5.3%).
However, it should be borne in mind that often the main target of ‘ransomware’ settlements are properties owned by banks or investment funds that have taken over houses or flats and left them unused – without any security.
Costa del Sol without “ransoms”
The problem of ‘ransomas’ does not really concern the Costa del Sol. There have only been isolated cases of such actions against private properties in the last two years. This is due to the fact that the coast does not become empty after the summer season. Indeed, when the peak tourist season ends, the golf season begins.
In addition, the settlements around Marbella are virtually permanently inhabited and the Costa del Sol is alive all year round. It is visited by tourists during the summer season and by golf enthusiasts during the winter season, while at the same time more and more people are choosing the area for permanent residence.
Spanish law on “okupas”
Article 202 in the Spanish Criminal Code deals with burglary when the perpetrator is caught in the act. In practice, this applies 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. Here, we recommend having an alarm and cameras (in addition with a motion detector) that will give the police a basis of evidence as to when the flat was occupied and how. This is the most effective solution, as it will allow us to avoid waiting for a court hearing and save us from costs as well as lengthy court procedures.
If an illegal seizure is reported to the police later than 48 hours after the property is seized, occupiers have less than a week to make their ownership of the property credible – otherwise the court decides to evict them. The final closure of the case depends on the efficiency of the court’s facility and can sometimes take several months. Under Spanish law, both burglary and illegal occupation of premises are considered criminal offences and are punishable by a fine and imprisonment of between three months and two years.
We may come across an offer… to pay for the removal from the ‘ransomas’ – generally an amount of several thousand euros. An alternative is the services of specialised companies, but in this case they operate on the edge of the law. The final solution is the judicial procedure – taking the civil or criminal route.
Express eviction only and exclusively applies to premises that are owned by individuals. However, it does not apply to companies (including banks), hence the lengthy eviction processes of wild tenants often quoted in the press. It is worth noting that ‘ransomers’ are keen to stay as long as possible, hence the occupation of abandoned premises owned by companies potentially creates the possibility of a longer stay. It is not their aim to occupy private properties that have the potential for quick eviction.
How do you secure a property against ‘ransomware’?
Several solutions can protect us from “ransomware”, such as:
- Contract with a security company – the installation of an alarm system will allow us to respond quickly in the event of an unlawful intrusion into the property. This will protect against ‘ransomware’ who, in order to claim a right to the property, must spend at least 48 hours in the property after the intrusion.
- CCTV inside the property – installing up to 2 or 3 cameras in the premises is a simple, yet inexpensive solution. You can choose either a model that reacts to movement, which will then send the appropriate notification, or one that provides continuous live monitoring.
- Making friends with neighbours – neighbourly help is often one of the more effective solutions. While we are away – returning to our main home in another country or going on holiday – they will look after our property from time to time.
- Buying a property in a guarded estate – on the Costa del Sol, most luxury properties are located in complexes with 24-hour security, ensuring that non-residents do not enter the property (house or apartment building). Estates with constant CCTV are an additional safeguard, providing formal certification in the event of ‘ransomware’ intruding on the property.
- Establish a partnership with a professional property management agency – When investing in property in Spain, it is advisable to establish a partnership with an agency that will not only secure and handle the entire formal and legal process of the purchase, but will also manage the property in our absence. The agency will take care of all the necessary issues and, in case of any problems, will take care of their neutralisation on the spot. In this way, when we are at the other end of Europe or even on another continent, we will be assured that someone trusted is looking after our property.
Professional property management
When we purchase a property in Spain, we are accompanied by a specific investment objective. Some buy it with a second home in mind, where they will spend a few weeks or months a year. Others do it for a long-term investment that will be rented out on a daily basis to tourists – visitors to Spain’s Costa del Sol.
Whichever investment option we choose, it is worth establishing a permanent relationship with a property management agency. In this way, we will guarantee ourselves a comprehensive service during our absence in Spain, as well as systematise its rental and, consequently, gain a permanent source of additional income.
As the longest-established Polish real estate agency on the Costa del Sol, Agnes Inversiones has, over the years of operating in the local market, developed an excellent and fully functional model of cooperation with its clients. It guarantees comprehensive property management and, as part of the cooperation, offers a variety of packages covering a full range of services.
