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Illegal squatting in Torrevieja has become one of the biggest concerns for property owners in Spain, especially in tourist areas such as Torrevieja, where second homes and holiday homes abound. If you own a property in Torrevieja, whether it is your main residence or a holiday home, it is essential to know what the law says about squatters, how to protect your property and what steps to take if you are faced with a squatting situation.
In this article, our law firm in Torrevieja explains everything you need to know to defend your rights as a property owner.
What is considered squatting?
Squatting is entering and remaining in someone else’s home without the owner’s permission. It can occur in both primary residences (where the owner usually lives) and holiday homes or second homes, which is very common in coastal towns such as Torrevieja.
Although the term “squatter” is used socially to refer to any illegal occupant, legally not all cases are treated equally. The difference between trespassing and unlawful occupation is key to understanding how to act.
Difference between trespassing and unlawful occupation: the type of property matters
Trespassing: your main residence
If squatters gain access to your habitual residence or dwelling, the law considers this to be trespassing (Article 202 of the Criminal Code).
In these cases, the authorities can take immediate action, as this is a serious offence against personal and family privacy.
👉 The police can evict squatters without a court order if it can be proven that the property is your usual place of residence.
All you need to do is present evidence such as your council registration, utility bills or documents proving your residence.
Squatting: second homes or empty properties
If the property is not your place of residence (e.g. a holiday home in Torrevieja or a rental property), the situation is classified as squatting (Article 245 of the Criminal Code).
In this case, eviction requires legal proceedings, which can take weeks or months.
Even so, there are quick legal avenues if you act promptly and with the advice of a solicitor specialising in squatters in Torrevieja.
What does the law say about the owner’s defence?
In recent years, measures have been passed to speed up the eviction of squatters, especially when the owner is a private individual and not a large entity.
Law 5/2018, known as the ‘Anti-Squatters Law’, allows owners and neighbourhood communities to request the immediate recovery of possession of an illegally occupied property.
Under this law:
• The judge may order eviction within 20 days if the squatters cannot prove legitimate title.
• It is not necessary to identify the occupants to initiate proceedings.
• The owner may take action even if they do not reside in the property.
It is essential to have a solicitor in Torrevieja to correctly process this way and submit the necessary documentation to the court.
What to do if your property in Torrevieja has been squatted in?
In a squatting situation, speed is key. These are the steps recommended by solicitors specialising in property law:
1. Do not attempt to evict the squatters yourself
Although it may be frustrating, do not resort to force or cut off utilities (water, electricity or gas). You could be committing a crime of coercion or trespassing yourself.
2. Report it immediately
Go to the National Police or Civil Guard in Torrevieja and file a report.
If it is your primary residence, they can take immediate action. If it is a second home, the case will be referred to the court.
3. Contact a solicitor in Torrevieja who specialises in squatters.
The solicitor will help you file a civil lawsuit for eviction on the grounds of precariousness or usurpation, depending on the type of property.
They can also arrange for precautionary measures to speed up the process.
4. Gather as much documentation as possible.
It is important to prove ownership of the property: deeds, property tax receipts, utility contracts, etc.
The more information you have, the faster the procedure will be.
Preventive measures to avoid squatting in holiday homes
In a tourist resort such as Torrevieja, where many properties remain empty for part of the year, prevention is essential. These measures can make all the difference:
1. Install security systems
Alarms connected to a central receiving station, video surveillance cameras or security doors are very effective deterrents.
2. Keep the property looking lived in
Regularly checking the property, programming automatic lights or arranging for mail collection will help to prevent it from looking abandoned.
3. Take out insurance with anti-squatter cover
Some insurers include legal services and cover for legal expenses in the event of occupation.
4. Have a trusted solicitor in Torrevieja
Having contact with a firm that knows the local legislation and courts in the area allows you to act immediately in the event of an incident.
The importance of having specialised solicitors in Torrevieja
Each case of squatting has its own particularities: type of property, documentation, evidence, procedural status of the squatters, etc.
That is why it is essential to have solicitors who are experts in property and criminal law in Torrevieja, who are familiar with local judicial practice and the most effective eviction procedures.
A specialist solicitor will be able to:
• Draft the complaint and legal claim.
• Represent you before the court in Torrevieja.
• Request precautionary measures to recover the property as soon as possible.
• Negotiate, if appropriate, a voluntary departure of the squatters.
Conclusion: acting quickly and with advice is the best defence. Squatting in Torrevieja.
Illegal squatting in Torrevieja is a real problem that affects both residents and holiday home owners.
Knowing your rights and acting quickly with legal support is essential to protect your property and prevent the situation from dragging on.
If you suspect that your property may be at risk or is already being squatted in, contact a law firm in Torrevieja that specialises in squatters and property.
Early and professional action can make the difference between a quick solution and a long and costly process.
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