HOMEOWNERS across Spain rejoiced last month when a law change seemed to spell the end for widely-criticised squatter rights.
But an expert in property law has warned that the most at-risk homeowners will not be protected.
The amendment of the Criminal Procedure Act will allow the crimes of ‘usurpation of a home’ and ‘breaking and entering’ to be heard in short hearings within a maximum period of 15 days.
It means squatter evictions will effectively be added to a new fast-track court process, alongside a string of other crimes including physical violence, robbery and traffic offences.
All these crimes will have fast-track trials, as will those for evictions once the amendment is fully approved and appears in the Official State Gazette (BOE) – most likely in January 2025.
However TikTok user ‘sergioexcellencecircle’, who has more than half a million ‘likes’ and more than 54 thousand followers on the social network, has issued a warning on the effectiveness of the new law.
He says in the clip: “A law reform has just been approved for quick trials against squatters, but it has a big problem… and that is that this reform mainly attacks two types of squatting: usurpation and trespassing…
“The breaking and entering is when they enter an inhabited house and (trials for) that was already fast and honestly it was not a problem, at least not such a serious problem.
“Here the big change is in the usurpation, which is when the squatters enter an uninhabited house and the usurpation is generally done with (homes belonging to) large entities, banks, private funds, and the quick trial will be held in just 15 days, and possibly they will not take into account if the squatter is vulnerable.”
However, he warns that there is a forgotten aspect of squatting in the new law, the so-called ‘inquiokupas’.
Inquiokupas refer to people who agree to rent a home but stop paying the rent and refuse to leave.
It remains one of the biggest problems affecting landlords across the country, including many Brits with holiday homes.
The expert added: “There is a great forgotten, some squatters who will not be affected by these changes and they are the ones who do the most harm to the small owners and it is … the inquiokupas, these squatters will not have quick trials and I sincerely believe that it is the one that we should tackle first, since it directly affects the most vulnerable owners and does a lot of harm to society.”