3 April is a very important date for all owners and future buyers of property in Spain. This is because on this day, new regulations come into force that will effectively combat ‘ransomas’. You can read about what exactly will change in the regulations in the latest study prepared by the Martinez-Echevarría legal office in Marbella.
Malaga: the pearl of the Costa del Sol
The province of Málaga is a real gem for anyone looking for a place to buy a home to enjoy a life of tranquillity and sunshine. With a variety of landscapes, from the paradisiacal beaches of the Costa del Sol to the majestic mountains of the Serranía de Ronda, the region offers the perfect balance between nature, culture and quality of life. In picturesque white villages such as Mijas, Nerja or Ronda, you can feel the authentic Andalusian essence, while in the cities: Antequera or Marbella you will experience a modernity that does not renounce its roots.
Access to international airports and an extensive road network make the province of Málaga the ideal place for both those looking for a second home and those who want to settle here permanently. With its friendly climate, first-class gastronomic offer and wide range of cultural, sporting and leisure activities, it is not only a place where you can buy a home, but also live life to the full and enjoy unique experiences every day.
“Ransomas” are not a problem on the Costa del Sol
Many foreigners have already made this corner of Spain their home, and more are planning to do so in the near future. Of course, before taking this step, there are a number of key questions that any responsible investor should ask themselves. What are the most attractive areas to invest in the province of Malaga? What is the average price of property in the province? What are the legal and tax formalities for a foreigner buying a flat or house in Spain? What legal protections exist for foreign buyers? In relation to the last question, there is a concept that has become a real red flag for many potential investors. We are referring, of course, to ‘ransomas’.
The phenomenon of illegal foreclosures in Spain, although often publicised in the media, mainly concerns premises that have been unoccupied for a long time, especially in larger urban areas. Such cases are therefore not the norm, and there are legal mechanisms and procedures in place to enable owners to successfully reclaim their properties. Despite this, most property investments in Spain – especially in popular areas – such as the Costa del Sol, are practically free of ‘ransomas’ problems.
The Spanish property market remains very attractive to international investors, and a robust legal system protects the rights of owners. Moreover, the phenomenon of ‘ransomas’ has been identified as a consequence of the shortage of affordable housing. This is prompting the authorities to implement policies addressing both the supply of housing and the legal security of investment. It is worth being aware of this phenomenon, but it should not be a worry for anyone wishing to invest on the Costa del Sol.
See also:
Malaga and Costa del Sol safe from ‘ransomas’ [LATEST DATA]
What is ‘okupas’ and why does it not apply to properties on the Costa del Sol?
Conflict of constitutional rights
According to the Spanish legal system, there is a conflict between two constitutionally guaranteed rights. On the one hand, there is the right to private property, regulated in Chapter Two and Section Two of the Spanish Constitution, in Article 33. 1. The social function of these rights determines their content, according to the law. 3. 3. No one may be deprived of his or her property and rights, except for legitimate reasons (including social interest), with adequate compensation and in accordance with the law.
On the other hand, the right to housing, contained in Chapter Three (Article 47), states that all Spaniards have the right to enjoy decent and adequate housing. The public authorities, on the other hand, shall promote the necessary conditions and establish appropriate rules to make this right effective, regulating the use of land in accordance with the general interest and in order to prevent speculation. According to these provisions, the community should share in the capital gains generated by public authorities’ urban development activities.
What are the legal options for combating ‘ransomware’?
The phenomenon of ‘ransomas’ in Spain can be approached from two main legal perspectives: civil and criminal. From a civil law perspective, the owner has the option of initiating legal proceedings to recover his or her property through eviction, which can be carried out relatively quickly. Recent legislative reforms have facilitated these processes by providing greater protection for the rights of property owners.
In 2024, the State Security Forces intervened 16,426 times as a result of reports of house burglaries carried out for the purpose of illegal occupation. Catalonia accounted for 40% of these incidents with a total of 7,009 interventions, more than the total of the next three autonomous communities. At the same time, Andalusia registered almost three times fewer interventions than Catalonia. Moreover, between 2023 and 2024, the number of police interventions, related to these crimes, decreased throughout the Andalusia region.
With regard to civil eviction proceedings, which enable properties to be returned to their rightful owners, eviction figures are very important. These are carried out by the courts, which are the final stage of the procedure for releasing properties – whether under the Municipal Leasehold Act (LAU) or as a result of a foreclosure. They also provide a clear picture of how the courts work to guarantee the rights of property owners. In the second quarter of 2024, 7,850 property evictions were carried out across Spain, an increase of 7.84% compared to the same period of 2023. As can be seen in the graph below, the demand for this type of legal action is gradually decreasing.
In green – evictions ordered as a consequence of rent arrears. In orange – arrears with mortgage amounts.
What will change in the ‘ransomware’ legislation?
It is worth clarifying the data with regard to some new provisions affecting civil and criminal proceedings – aimed at regaining control of properties by their rightful owners.
Firstly, the suspension of judicial evictions in Spain has been extended until 2026. However, this only applies to cases where tenants claim to be in economic difficulty. This is not an abstract concept, but a legal situation that requires accreditation. Initially introduced to protect tenants in distress during the pandemic crisis, the measure prevents evictions and repossessions from being carried out in certain circumstances – such as when the affected household has minors, elderly or disabled people among its members. While this measure has been debated, both from a landlords’ rights and social protection perspective, its extension until 2026 aims to allow time for an orderly transition to more sustainable housing solutions and to ensure the safety of those facing eviction.
As far as criminal proceedings are concerned, there will also be new legislation soon. This refers to Law 1/2025 of 2 January this year on justice efficiency measures, which will come into force on 3 April 2025. Under this reform, the offences of trespassing and usurpation of property have been included in the list of offences that can be dealt with under the speedy trial procedure. This, in turn, ensures that once a case is brought to court, it will be dealt with within a maximum of 15 days.
What to do when someone occupies a property without the landlord’s consent? When an individual does not pay rent, in breach of the tenancy agreement signed with the landlord, we have the option to use civil proceedings and request eviction. However, what should be done in a situation where someone enters the property when it is empty? Should the landlord take civil or criminal action? In this case, the time factor becomes decisive. To take criminal action, the offence must be flagrant, allowing the police to act quickly. For legal purposes, a burglary that is noticed and reported to the competent authorities within a maximum of 48-72 hours of its occurrence is considered flagrant.
Thus, Spain is taking the problem of illegal occupation more and more seriously, strengthening and improving existing legislation to ensure that the rights of their owners are protected. This aims to maintain an equitable balance that also takes into account the rights of ‘okupas’ – seeking solutions that respect both private property and the difficult situation in which some tenants find themselves.
