Squatters in Spain in 2026: the new law, eviction costs and how to protect your home

In brief: what you need to know in 2026

• In Spain, squatters (okupas) are people living in someone else’s home with no contract and no right to be there.
• Since 3 April 2025 a law (Ley Orgánica 1/2025) has allowed home occupation cases to go through a fast-track procedure: the idea is that they reach court in about 15 days. In practice, eviction often takes months.
• If squatters take over the home you live in, the police can step in straight away while the occupation is fresh. If they take an empty flat, you will need a court ruling.
• The most common type of squatter, according to estate agent Oleg Grechko, operates as a business: they leave for money, usually around €10,000.
• Rent default insurance costs 3–5% of the annual rent and protects you against tenants who stop paying.

Who the okupas are and why they get so much attention

Spaniards use the word okupa for anyone living in someone else’s home without the right to do so. For people buying or letting a flat in Spain, squatters are one of the main worries: the news is full of owners who spend years unable to get back into their own homes.

Oleg Grechko, founder of the SFERO Real Estate agency in Valencia, explained on the SunClub podcast (in Russian) that squatters vary a lot, and that most of the horror stories have little to do with the type you are most likely to come across.

Asked by the hosts whether it is true that getting rid of squatters is almost impossible, Oleg keeps it short: “It’s possible. It’s not always hard. Sometimes it is.”

54 min

Key moments

1. 0:00 You can buy nothing here for €100,000
2. 0:30 Who Oleg is and the episode's two big questions
3. 0:57 A planned move: from Warsaw to Valencia
4. 1:41 How long it took to earn his first money in Spain
5. 2:39 What surprised him in year one: red tape and timelines
6. 4:22 If you're not 1,000% sure, don't start
7. 6:13 Why property: poor service at viewings
8. 7:09 First deal: a seafront flat in Oropesa del Mar
9. 8:12 Six months to the first client and nearly €100,000 in the red
10. 10:44 A late-night idea and training: what an agency is liable for in Spain
11. 12:12 Who to hire first and why building a team is hard
12. 13:03 A client with €250,000: the options
13. 14:46 Long-term letting and living there yourself: why it doesn't work
14. 16:03 Why flipping is dead
15. 18:34 Where the margin is now: new builds
16. 19:06 Will the building get finished? How buyers' money is protected
17. 20:39 Buying costs: 9% ITP, notary, land registry, agency
18. 21:42 The owners' meeting minutes: how not to inherit someone else's debt
19. 22:46 Why use an agency when Idealista exists
20. 23:59 Squatters (okupas): how they find flats
21. 25:12 Types of squatters and rent default insurance
22. 27:15 Case study: squatters left in 2 hours for €4,000
23. 29:40 Why landlords ask for your employment contract
24. 32:34 Mortgages for non-residents: deposit and income
25. 33:33 Mortgages for people under temporary protection
26. 34:02 What banks look at: 2-year contract, 3 years as autónomo
27. 35:08 The 35% rule and flats up to €150,000 near Valencia
28. 37:44 How long a seller will wait for your mortgage: 3-month arras
29. 39:46 Up to what age you can get a mortgage
30. 39:56 Difficult deals and unrealistic expectations
31. 42:36 €100,000 by the sea: expectations vs the market
32. 43:57 476 videos in a year: why being visible saves a business
33. 46:33 News vs niche videos: reach vs leads
34. 47:42 Why Oleg signed an annual contract with the print magazine
35. 50:03 SunClub promo code: a consultation with the founder
36. 50:48 Three tips for starting a business in Spain
37. 52:21 A2 Spanish and why there's no way back
38. 53:50 Next episode preview

Types of squatters in Spain

Squatting as a business. The most common type, according to Oleg. People move into an empty flat and wait for the owner to come and negotiate. “It’s purely business, nothing personal. There isn’t really a price list, but give or take it’s around 10,000 euros, and they move out,” he says.

Tenants who have stopped paying. In Spain they are called inquiokupas: someone moves in with a rental contract, then stops paying and refuses to leave. These cases go through the courts. According to Oleg, the process is now noticeably faster than a few years ago.

Occupants the law gives extra protection. If the court recognises the people living in the flat as vulnerable, families with small children for example, the eviction can drag on. Oleg stresses that by law anyone can be evicted, but these cases take longer.

What Spanish squatting law says in 2026

In law, what matters is which kind of home has been occupied.

• The home you live in (morada), including a second home you visit regularly. Occupying it counts as breaking into a dwelling (allanamiento de morada). If the occupation is fresh, the police can remove the occupants immediately.
• An empty flat where nobody lives. The law calls occupying it usurpación (unlawful occupation), and the occupants cannot be evicted without a court ruling.

Since April 2025 both kinds of case can be heard under the fast-track criminal procedure (juicio rápido). There has also been a civil procedure since 2018 that lets owners who are private individuals recover an occupied home faster. How long your case takes depends on the court, how long ago the flat was occupied and who is living in it. Bring in a lawyer from day one.

The much-quoted “48-hour rule” is not written anywhere in the law. The police can act immediately when an occupation is fresh and obvious, so hours count: the sooner you report it, the more options you have.

Case study: squatters gone in two hours for €4,000

Oleg knows the subject first-hand. Once, squatters moved into a flat that had just been bought for renovation. It had stood empty for about a week.

“We arrived and the door wouldn’t open. We called a locksmith, got the door open, and there they were, sitting calmly in the bedroom, waiting. They named a figure straight away, 4,000 euros, no haggling. One of them brought a car round, they took their things and left. Two hours from the moment we found out,” Oleg recalls.

While they waited for the car, the visitors handed out advice: which locks to fit and why they had chosen this particular flat. One of them even showed a lock on Amazon that is harder to break into.

How squatters choose a flat

• It looks uninhabited. In Oleg’s case the balcony gave it away: nobody had cleared it for a long time.
• It is listed for sale. Squatters monitor Idealista and other property portals, so some owners of empty flats do not advertise them publicly.
• Old buildings and empty homes. According to Oleg, squatters turn up in big cities and small villages alike.

How to protect your property from squatters

If you let out a flat. Take out rent default insurance. According to insurers, it costs 3–5% of the annual rent. Oleg offers a simpler rule of thumb: about 60% of one month’s rent per year, so roughly €600 on a rent of €1,000. “If the tenant stops paying, the insurer handles the eviction itself, and while it does, it keeps paying you the rent,” he explains. These policies usually cover 12 to 24 months of unpaid rent plus legal fees.

Two more rules from Oleg’s experience:

• State in the contract exactly who lives in the flat. Anyone else moves in only with your written permission.
• Don’t be surprised when landlords ask for an employment contract: the insurer uses it to check that the tenant can pay.

If the flat is empty. Make sure it looks lived-in, fit a solid lock and an alarm, and ask the neighbours to call you if anything seems odd. Check whether your home insurance covers occupation: some policies pay for a lawyer.

If you are buying. Before you sign the arras (the deposit contract), make sure the flat is vacant and visit it in person. Flats with squatters sell for less, but the problem comes with the keys. What else to check before buying and how much to budget on top of the price: see Costs of buying property in Spain in 2026.

What to do if squatters are already in your flat

1. Call the police straight away (091 or 112) and file a report. The fresher the occupation, the more the police can do.
2. Gather proof that the home is yours and that you use it: title documents, electricity and water bills, your padrón (registration on the town hall’s list of residents).
3. Do not force your way in or cut off the electricity and water: that could lead to charges against you.
4. Contact a lawyer who handles these cases. They will tell you which route is faster in your situation: criminal or civil.

Frequently asked questions

Can you get squatters out within 48 hours?

There is no 48-hour deadline in the law. The police can remove people immediately if the occupation is fresh and obvious, especially if it is the home you live in. In all other cases you need a court.

How long does it take to evict squatters in Spain?

Since April 2025, home occupation cases can go through a fast-track procedure, with the law aiming for a hearing in about 15 days. In practice, eviction often takes several months, especially if the court recognises the occupants as vulnerable.

How much does it cost to pay squatters to leave?

According to estate agent Oleg Grechko, squatters who occupy a flat in order to be paid off usually ask for around €10,000. In one case from his own work they left in two hours for €4,000.

Does insurance cover squatters?

Rent default insurance protects you against tenants who stop paying and pays for the eviction. It does not protect an empty flat from being occupied. For that, check your home insurance: some policies cover a lawyer’s fees if your home is occupied.

About the expert

Oleg Grechko is the founder and sales director of SFERO Real Estate (Valencia, Costa Blanca, Costa del Azahar). The full conversation with him, from flat prices to mortgages, is on the SunClub podcast (in Russian), and there is a short guide to buying a home in Buying property in Valencia: what €100,000 really gets you.

• Website: sfero.es
• YouTube: @GrechkoOlegES
• Instagram: @sfero.realestate