Rapid Trials against Squatters: Legal Reform and How to Act
Squatting has become one of the main concerns of landlords in Spain. In response to this situation, the legal system has recently evolved, reinforcing the civil and criminal tools to speed up the eviction of the so-called ‘squatters’.
From www.sfabogados.com, we explain what the rapid eviction procedure for squatting consists of and how the latest legal reforms affect you, especially the one approved in 2025, which has marked a before and after.
What is a fast-track trial against squatters?
These are court proceedings that seek to recover possession of an illegally occupied property quickly and efficiently. There are two main routes:
1. Civil proceedings (eviction for precariousness or for occupation without title).
2. Criminal proceedings, which have been particularly strengthened following recent legislative reforms.
Relevant Legislative Changes:
Reform of the Criminal Procedure Law: Organic Law 1/2025
Approved on 2 January 2025, Organic Law 1/2025, on measures for the efficiency of the Public Justice Service, introduced a key modification: it includes the offences of breaking and entering (art. 202 CP) and usurpation (art. 245 CP) in the fast-track trial procedure.
This means that, from its entry into force on 3 April 2025, these offences can be dealt with by means of abbreviated procedures, allowing:
- Holding of the trial in a very short period of time.
- Possibility of precautionary measures of immediate eviction by the judge.
- Greater coordination between police, courts and social services.
This change was approved in Congress thanks to an amendment supported by parties such as PNV, PP, Junts, UPN and, by mistake, Bildu and ERC.
Royal Decree-Law 6/2023
Previously, Royal Decree-Law 6/2023 of 19 December introduced measures to modernise the judicial system, including improvements in electronic notification, telematic hearings and digital processing. Although it did not directly address the offences of usurpation and trespassing, it did pave the way for a more streamlined justice system.
The two laws complement each other, with Organic Law 1/2025 being the one that allows for the real activation of fast-track trials against squatters in the criminal sphere.
Civil vs. criminal proceedings
Civil proceedings Verbal trial for occupation without title.
Time limits from 2 to 6 months
Requires lawyer and solicitor
Applicable only to natural persons and social entities
Criminal proceedings Speedy trial for usurpation
Time limits of 15 to 30 days
Initiated by police or judicial complaint
Applicable to any legitimate complainant
Applicable Legislation (updated 2025)
State:
- Penal Code: art. 202 (trespassing), art. 245 (usurpation).
- Ley de Enjuiciamiento Criminal: Amended by Ley Orgánica 1/2025 (speedy trials for occupants), Supplemented by Real Decreto-ley 6/2023 (digitalisation and procedural efficiency).
- Ley de Enjuiciamiento Civil (LEC), Art. 250.1.4º and DA 11ª (Law 5/2018): civil express eviction.
Autonomous Community:
- Catalonia: Law 24/2015, Law 17/2019.
- Valencia: Law 2/2017
- Andalusia: Law 1/2010
- Basque Country: Law 3/2015
- Madrid: Administrative and police protocols
| Ley Enjuiciamiento Criminal Consolidada 2025 | 1345 KB |