Illegal Home Occupation: Areas With Most Okupas

The following regions and towns in Spain have been identified with significant incidences of illegal home occupations, commonly known as “okupas.” The issue is particularly problematic in areas with high property values, extensive tourism, and slow eviction processes. Vacant homes in these areas are at a greater risk of being illegally occupied.

1. Catalonia is the leading province for illegal occupations, accounting for nearly a third of all illegal home occupations in Spain. Barcelona is known for high-profile cases and organized occupation networks. Girona is ranked third in Spain for illegal occupations, following Madrid. Tarragona also reported a high number of incidents, ranking among the top affected areas in Catalonia.

2. Andalusia
Seville has reported a higher number of incidents in recent years, especially in Sevilla city, which also saw an increase in okupas. Malaga is known for frequent illegal occupations, with many cases in popular tourist towns. Granada, Almeria, Huelva, Cordoba, Jaen, and Cadiz have all experienced varied levels of illegal home occupations, with specific data showing fluctuations in incidents across these areas.

3. Madrid
The capital city and its suburbs reported a high number of cases, making it one of the top regions in Spain for illegal occupations after Catalonia. The problem is compounded by the region’s high population density and significant numbers of vacant properties.

4. Valencia Region
Valencia is one of the provinces with a steady increase in illegal occupations. Castellón registered a 46.77% increase in incidents, making it one of the areas with the highest percentage growth in occupations. Alicante and Costa Blanca reported numerous cases, partly due to the popularity of the Costa Blanca as a destination for expatriates and tourists.

5. Murcia reported moderate increases in illegal home occupations and is particularly affected due to a mix of urban and semi-rural areas with low year-round owner occupancy.

6. Canary Islands
Tenerife has seen increased reports of illegal occupations in areas frequented by tourists. Gran Canaria has also experienced a steady increase in occupations, particularly in urban and suburban areas.

7. Balearic Islands
Mallorca (and especially Palma) has high incidences of occupation due to seasonal and second homes, which are often left vacant for large parts of the year.

8. Other Notable Regions
Castilla-La Mancha has problems in areas closer to Madrid that attract attention due to lower property costs but higher vacancy rates. Navarre and Cantabria have seen cases of okupas increase, though generally they have lower numbers compared to Catalonia or Madrid.

Illegal home occupations (or okupas) are largely due to a mix of socioeconomic issues, legislative gaps, and organized criminal activities.

Affordable housing shortage in Spain. High property prices and a diminished housing supply can drive some individuals and groups, to occupy vacant properties. Compared to other European nations, Spain’s social housing stock is low, and waiting times are long.

Okupas legal loopholes and slow eviction laws. The creation, manipulation, and non-enforcement of laws in Spain are often political in nature, and tend to cater to a voter audience. This creates a complex eviction process that can drag on for months or even years.

Organized occupation networks and criminal groups. Criminal groups exploiting non-enforcement and legal grey areas take advantage by illegally occupying homes and then illegally renting or even selling these to the unsuspecting. Some groups demand “ransom” payments from owners in exchange for vacating the property.

Political and social factors. Political groups that advocate for housing rights have also impacted public perception and, in some cases, created an environment where illegal occupations are more tolerated. Unfortunately, social housing construction is completely inadequate in many areas of Spain, and urban planning doesn’t allocate sufficient area for affordable homes. The problem is left to fall at the door of the private sector.

What can homeowners do to keep their homes safe from okupas and prevent home squatters?

Quick Action! Alarm systems, motion-sensor lights, and security cameras can immediately alert owners and security companies of any unauthorized entry. This is very important as you need to act within the first 48 hours. Homeowners need proof of ownership, recent photos, and documents readily accessible to present to authorities. The law allows for immediate eviction without a court order if the occupation is reported within 48 hours.

Properties left unattended for long periods are more vulnerable to occupation. Minimize the risk by arranging for friends, neighbours, or a key holding company to perform regular checks on the property, retrieve mail, and present the house as occupied.

Install security doors and burglar bars. Breaking through steel bars is going to require a lot of time and noise, which attracts attention. Most okupas will look for an easier target.

For holiday or second homes, consider renting out your property on a short-term basis when not in use. Renting ensures regular checks (which is also important for home maintenance) and prevents prolonged periods of vacancy.

For cases beyond 48 hours, you cannot enforce eviction without a court mandate. Homeowners will need to file a complaint with the local authorities (denuncia) at the local police or guardia civil. You will need ownership documentation, property records, utility bills, and other evidence. This can initiate the legal eviction proceedings, but the process may take time.

If the home is your main residence consider criminal legal action. Spanish law differentiates between usurpación (taking over an empty property) and allanamiento de morada (occupying a residence that is someone’s primary home). An occupied main residence allows for quicker court action, while vacant properties often fall under civil cases, which take longer.

Antiokupas services.
Hire a specialist home eviction service (aka anti-okupa service). Some companies in Spain specialize in reclaiming illegally occupied properties and provide a quick eviction solution for homeowners. These firms help by attempting mediation with occupants or providing security measures to prevent re-entry after occupants leave. Fees can vary but can expedite the process.

Monitor legal reforms for your province. Recent reforms in Spain aim to streamline eviction processes for homeowners affected by illegal occupations.
It’s worth noting that regional nuances can also influence enforcement and specific procedures, particularly in autonomous communities. You may find that local policies or practices in certain regions are better at handling these situations. It’s worth consulting an experienced lawyer who has a reputation of handling illegal home occupations in your area.