Squatters in Spain are a real worry if your flat stands empty for months, but the numbers are far smaller than the headlines. Alicante province logged 687 illegal occupations in 2024, and only 20 involved someone's home. A holiday home you genuinely use counts as a dwelling, which gives you much stronger protection.
How common are squatters on the Costa Blanca?
Spain's Interior Ministry records two separate offences. Allanamiento de morada means entering or staying in someone's home. Usurpación means occupying a property that is not anyone's home, residential or not, such as an abandoned block owned by a bank.
| Area and year | Someone's home (allanamiento) | Not a home (usurpación) | Total |
|---|---|---|---|
| Spain, 2023 | 405 | 14,884 | 15,289 |
| Spain, 2024 | 515 | 15,911 | 16,426 |
| Alicante province, 2023 | 23 | 596 | 619 |
| Alicante province, 2024 | 20 | 667 | 687 |
Across Spain the total then fell to 14,875 in 2025, down 9.4 per cent. Alicante province has about 1.35 million homes, according to the 2021 Census, so 2024 worked out at roughly one case for every 2,000 homes. The overwhelming majority were empty properties, not homes in use.
Do squatters have rights in Spain if it's a holiday home?
This is the most important section of this guide. The Attorney General's Office set out its position in Instruction 1/2020: second homes and seasonal homes count as a dwelling, or morada, even during periods when nobody is living there. The condition is that the property keeps that character, with your private life taking place there, even if only now and then.
That single word changes everything:
| Your home (allanamiento) | Not a home (usurpación) | |
|---|---|---|
| Penal Code | Article 202 | Article 245 |
| Penalty | 6 months to 2 years in prison, or 1 to 4 years with violence or intimidation | Fine of 3 to 6 months, or 1 to 2 years in prison with violence or intimidation |
| Police action | Urgent. Immediate removal, once the rightful resident gives permission and files a complaint | Court order first, unless police catch it happening with violence or intimidation |
The police column comes from the Spanish Government's written reply to Parliament of 4 March 2025. In December 2025 Marbella police said the same in public: holiday and weekend homes count, and they can intervene at once if you act correctly.
Be honest with yourself about the weak spot, though. The protection rests on real use. A flat you bought and never moved into, with no furniture or bills in your name, is harder to present as your home. The more evidence of your life there, the stronger your position.
Is the 48-hour squatters rule in Spain real?
No. It is one of the most repeated myths among British owners. We found no rule in the Penal Code or the procedure laws saying squatters gain rights after 24 or 48 hours, and Marbella police describe the idea as a myth.
What matters is whether the property is your home and how quickly you report it. Speed still helps in practice, because police who arrive while the offence is under way have more options. That is probably where the story began.
Has the squatters law in Spain changed?
Yes, in 2025. Since 3 April 2025 both offences can go through Spain's fast-track criminal procedure, the juicio rápido. It applies when police have arrested the suspects or summoned them to court, and the hearing should then be set within 15 days.
No, not in 2026. Parliament was debating a tougher bill, with prison for occupying empty property and an order to leave within 24 hours. It did not become law. Parliament was dissolved by a decree published on 6 October 2026, and pending bills lapse when that happens. Elections are set for 29 November 2026, so any new law would have to start again. If you read that Spain now has 24-hour evictions, check the date.
What should you do if squatters occupy your home?
- Call the police at once. Dial 091 for the Policía Nacional, 062 for the Guardia Civil or 112 for emergencies.
- File a formal complaint (denuncia) at the police station. Say clearly that this is your home, that you use it, and that you want the occupiers removed.
- Bring your proof. You need the title deed (escritura), a land registry extract (nota simple), utility bills, photos from your last stay and the numbers of neighbours who can confirm you use it. Keep copies on your phone. A nota simple can be obtained online, usually within hours.
- Do not force your way in or cut the power or water. That can expose you to a coercion charge under article 172 of the Penal Code. Take legal advice before any step.
- Consider the fast civil route. Individual owners can apply to court for immediate return of a home. Occupiers get 5 days to show a legal right to be there. If they cannot, the court orders them out.
Two details matter for British buyers. First, that civil route is open to individuals, non-profits and public social housing bodies, but not to companies, so think twice before buying through a limited company. Second, you may not be in Spain when it happens. A Spanish power of attorney set up in advance can save valuable days, so ask your lawyer what it should cover.
Note that a tenant who stops paying is not a squatter. That is a civil dispute, and police cannot simply remove them.
How do you protect an empty apartment in winter?
As a UK passport holder you can stay up to 90 days in any 180 without a visa, so long gaps are a fact of life unless you hold a Spanish residence permit. These steps make the biggest difference:
- A monitored alarm. A licensed alarm centre receives the signal, verifies it and passes it to the police. It can also hold keys and let police in. A security firm cannot evict anyone, but a fast, recorded report is worth a great deal.
- A trusted person nearby. A neighbour, friend or paid key holder who looks in regularly and would notice anything odd.
- Signs of life. Leave personal belongings inside, keep utilities on in your name and use home automation for lights.
- Insurance with legal cover. Many home policies offer anti-squatter cover as an optional extra, typically paying lawyers and court costs up to about €10,000, and some charge only €7 to €10 a year. Check the waiting period, which can be one to three months, and the exclusions. Neglected homes may be refused.
- A good door and locks. The same measures protect you against ordinary burglary.
- Quiet social media. Post your UK photos after you are back, not before.
Alarms and doors also cover the more common risk. Spain recorded 74,353 home burglaries in 2025, about five times the number of illegal occupations. Local figures:
| Town | Home burglaries 2024 | Home burglaries 2025 |
|---|---|---|
| Torrevieja | 489 | 568 |
| Orihuela | 554 | 522 |
| Calpe | 144 | 179 |
Can you choose a property that is easier to leave empty?
Yes, and it starts before you buy. A gated complex with a porter, an upper floor instead of the ground floor, a well-run community and neighbours who live there all year make a real difference if you only fly in a few times a year.
Our guide to community fees in Spain explains why the community must have a Spanish address for you. Planning longer stays? Read about spending the winter in Torrevieja. If you are comparing bargains, look at the risks of cheap property in Spain too, and at our checklist before buying.
Frequently asked questions
Do squatters have rights in Spain? Squatters have no right to take over your home. A second home you genuinely use counts as a dwelling, even while empty, so police can act urgently once you file a complaint. Occupiers of properties that are not anyone's home get more procedural protection, and removing them normally needs a court order first.
Is the 48-hour squatters rule in Spain real? No. We found no 24-hour or 48-hour rule in Spanish criminal or procedural law, and Marbella police call it a myth. What counts is whether the property is your home and how quickly you report the occupation. Report it immediately, with proof of ownership and proof that you use the property.
How do you get rid of squatters in Spain? Call the police, file a complaint and show proof that the property is your home. If it counts as a dwelling, police can remove the occupiers urgently. Individual owners can also use a fast civil claim. Never force your way in or cut the utilities, and take legal advice at every step.
Has the squatters law in Spain changed? Since 3 April 2025 cases can go through fast-track criminal trials, with a hearing set within 15 days where police have arrested or summoned the suspects. A tougher bill debated in 2026, including a 24-hour exit order, lapsed when Parliament was dissolved in October 2026. It never became law.
Are squatters common on the Costa Blanca? Alicante province recorded 687 illegal occupations in 2024, roughly one for every 2,000 homes. Only 20 involved someone's home. The other 667 were properties that were not anyone's home, such as empty buildings. Across Spain the total fell by 9.4 per cent in 2025 to 14,875 cases.
Does home insurance cover squatters in Spain? Often, yes, but usually as an optional extra. Anti-squatter cover typically pays for lawyers and court costs, sometimes with repairs. Check the limit, the waiting period and the exclusions before you buy. A tenant who stops paying is normally not covered, and insurers may refuse a claim on a neglected home.
Looking for a home you can leave with confidence?
We know which complexes on the Costa Blanca stay lived in all year and which go quiet in winter, and we'll tell you straight. Have a look at homes for sale in Torrevieja, then talk it through with us, in English from the first call to the notary. We are a licensed agency, RAICV 4221, with offices in Torrevieja and Calpe, and we work with lawyers and banks. Our clients don't pay us commission.
Prefer to talk? Call us on +44 20 3888 0008.
Sources
- Spanish Government, reply to written question 184/19204, 4 March 2025 (official): congreso.es
- Fiscalía General del Estado, Instrucción 1/2020 (official): boe.es
- BOE, Código Penal, articles 172, 202 and 245 (official): boe.es
- BOE, Ley de Enjuiciamiento Criminal, articles 795 and 800 (official): boe.es
- BOE, Ley de Enjuiciamiento Civil, articles 250 and 441 (official): boe.es
- BOE, Ley Orgánica 1/2025 (official): boe.es
- BOE, Ley 5/2014 de Seguridad Privada, article 47 (official): boe.es
- BOE, Real Decreto 806/2026 dissolving Parliament (official): boe.es
- Congreso de los Diputados, bill 122/000254 (official): congreso.es
- Ministerio del Interior, crime balance Q4 2025, figures pending consolidation (official): mir.es
- INE, Census 2021, homes in Alicante province (official): ine.es
- GOV.UK, Spain entry requirements (official): gov.uk
- El Español, 29 April 2026, occupation figures for 2025: elespanol.com
- The Olive Press, 12 December 2025, Marbella police advice: theolivepress.es
- Selectra, 8 October 2026, lapsed bills: selectra.es
- Rastreator, anti-squatter insurance guide: rastreator.com
- Idealista, protecting a home from squatters: idealista.com
Last checked: October 2026
