Tom Ewart Smith
PROPERTY owners in Barcelona who stop paying utility bills for squatted homes will no longer be committing a criminal offense.
Barcelona’s Provincial Court made the ruling during a meeting held on March 7, and it was publicly announced this week by the Catalonia High Court of Justice (TSJC).
The decision establishes that such actions do not constitute a ‘crime of coercion’, regardless of whether the property was vacant before it was occupied.
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“If the owner of a property (whether owned or otherwise) that has been occupied or invaded, fails to maintain the connection or payment of utilities, this will not constitute a crime of coercion,” the judges said in a statement.
The ruling extends to any ‘property holder,’ including individuals or entities with any legal right to use the property.
Another key aspect is that authorities must identify squatters before dismissing a complaint.
Property owners often file complaints without knowing who has occupied their housing, making it difficult to prosecute cases.
They are often temporarily closed while police investigate and identify the occupants.
Under the new Barcelona ruling, cases of minor offenses related to unlawful occupation – where a vacant property is occupied without force – must remain open until the police can confirm the identities of those involved.
Judges have also agreed that once a trial date is set, a case can no longer expire due to procedural delays.
The backlog in Barcelona’s court system has led to cases being dismissed due to prolonged waiting times.
Further clarifications in the ruling include that unlawful occupation cases will only qualify for expedited trials if violence was involved.
Meanwhile, home invasion cases – where a property is occupied while still in use – will be handled by criminal courts.
These clarifications aim to create consistency in how courts handle such cases.
According to Spain’s Ministry of Interior, offenses related to property invasion and unlawful occupation in Catalonia increased by 12% last year, reaching 7,009 cases.
This accounts for 40% of all occupation-related cases in Spain. Nationwide, reports increased by 7% to a total of 16,426 cases.
While this latest ruling sets a legal precedent, judges will still assess cases individually before issuing verdicts.
