One area of Spanish society that we might not be fully familiar with yet is the rather ambivalent question of “okupas” – otherwise known as squatters. Not only is this an ongoing bone of contention in Spanish politics, but also a topic that affects home owners living in Spain.
The okupa movement refers to squatters in Spain who seek to occupy (hence the term), homes or buildings permanently or temporarily with the objective of procuring housing, space for livestock or growing crops or halls for political or social gatherings…and all for free! Its secondary objective is a political statement denouncing the struggle to afford housing and as a re-assertion of basic human rights. The main problem? These squatters do not only squat in empty homes or buildings but those owned by other people. From holiday homes to homes left unattended during business trips or simply second homes, they become vulnerable when left unattended and at risk of being seized by a squatter with the dire possibility of not being returned in one piece.
Legislation regarding this universal practice varies from country to country. In Spain, whilst it is illegal, many are mind boggled as to why Spain appears so tolerant with this practice. Let’s start with the facts. Despite reaching great heights in the 1960’s and 1970’s with the growth of urbanisation from countryside to city in Spain, there has been a further resurgence in popularity and especially in the political landscape surrounding it. This has been fuelled mainly by socio-economic factors including high unemployment, the housing crisis and financial instability, especially for young people between the ages of 18-24. Heavy media coverage has greatly stirred public opinion around the matter, oscillating between resentment and sympathy.
Rights of property owners in Spain can be jeopardised by squatters
So, how does Spain deal with this? It might be interesting to know that squatters’ rights versus property owners’ rights are rather skewed and strangely intertwined. The Urban Leases Act of 1994 is the pivotal legislation in this debate, serving to iron out disputes related to squatting nationwide. Spanish law does stipulate that squatting is not expressly permitted. However, in certain conditions, squatters do have rights to occupy property temporarily or even permanently, where legal standing has been granted. If a property is left unattended and inadequately secured, squatters may claim residence, complicating the eviction process for the owners if action is not taken within 48 hours. This fast-track eviction process aims to avoid long-term squatting and minimise both material and emotional turmoil incurred by owners.
How homeowners can protect property from squatters when left unattended
For all those owning property therefore, it is essential to be fully aware of this issue and fully clear about the implications. Owners are advised to be proactive in protecting their properties and property contents against squatting. This can include contracting a higher tariff of house insurance which covers owners’ rights in the case of squatting. Some of these insurance policies come equipped with home camera installation so that it can be monitored remotely when owners are away. Insurance applications can send regular camera shots of rooms in real time. Some squatter insurance offers installation of an alarm system, linked directly to the police. These preventative strategies may be crucial in avoiding problems in the long run. Regular inspections of the property and secure sealing of all entry points is also key. It is important to establish relationships with fellow neighbours too, who can keep an eye on things when a property remains unattended. Often, homes can be left for several months, and a squatter’s entry may go unnoticed, making it complicated for homeowners to reclaim rights of their property.
Squatting is not only a legal battle but also carries a heavy emotional toll for property owners. There have been countless heart-wrenching stories of home owners whose properties remain illegally occupied by squatters whilst convoluted legal processes might be ongoing. Not only do victims of squatting report emotional distress and a sense of violation but also a great sense of injustice upon seeing their homes usurped by others.
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