Spain is amongst the most visited countries as it boasts historical cathedrals, splendid landscapes, and sophisticated architectures. No wonder it is able to attract thousands of tourists and real estate buyers every year.
However, the real estate industry found itself in a financially difficult and grave situation due to the socioeconomic consequences of the pandemic. Being one of the European countries with the strictest lockdown protocols, Spain’s house prices can fall between 6 per cent to 15 per cent as predicted by experts.
Not only that, but proprietors are also wary of the unconventional inhabitants in the cities of Spain known as ‘okupas.’ The security and integrity of land and house proprietorship in Spain is now greatly affected by the recent events and developments regarding the legalities of okupas.
Learn more of who okupas are, what they do, how they can threaten the stability of properties, and what you can do to protect yours from these people.
Some Information About the Okupas
In contemporary Spain, the term ‘okupas’ refers to people – either with or without legal Spanish citizenship – who remain in a rented house or estate despite being unable to comply with rent payments.
The idea underlying this phenomenon is known to stem from the government’s attempt to provide financial and housing assistance to citizens facing socio economic struggles and fallbacks. Okupas has existed since 2008.
The Law That Gave Birth to Okupas
The government imposed these laws in the intentions of lending a hand to financially troubled citizens. In essence, this gave tenants the freedom to remain living in properties even though they cannot keep up with the payment of housing bills.
But as it turned out, these laws did not cater much to legally identified Spanish citizens as much as they did to foreign and unidentified migrants and marginalised groups. What is more problematic is that most who enjoy the benefits of this law, allowing tenants to stay without regular payments are those who are not legally registered in Spain.
This earned them the title of okupas, rooted from the Spanish verb, occupy, since these tenants encroach unprotected properties with lack of legal provisions and compliances.
How Okupas Affect Proprietors
While these minority groups benefited, squatting continues to pose threats and problems to proprietors and the estate industry in Spain in the long run. Legitimate land and homeowners cannot let go or sell off properties if they continue to cover and pay for the bills of someone else’s.
Hours in courts can be wasted in the attempt of evicting tenants without any guarantee of success. This is especially difficult if the tenant already has kids and family. There is a very bleak chance of pushing through.
Luckily, two provisions have made the situation more bearable for Spanish property owners:
- The Law on Forced Eviction gives proprietors liberty of access to an expedited hearing where cases of illegal and undocumented occupation are evaluated.
- Homeowners can press charges even without the real name of the okupas, since the latter rarely disclose personal information.
Since homeowners can more easily evict tenants, there is a higher risk of illegally squatting in unoccupied buildings or residences.
As a matter of fact, almost 100,000 properties were occupied by squatters last 2019. This is alarming; hence every homeowner and proprietor should know how to prevent this, and protect their property from okupas.
Properties You Should Watch Out For
If you have any of these properties, then you should consider employing extra caution and protection to your estate.
Low Maintenance Residences
Okupas prefer seemingly abandoned and cheap houses commonly found in ghetto areas that observe low standards of living.
Houses from Banks
Residences that belong to banks are frequent targets since they are usually empty and easy to invade.
Unsecured Areas
Houses that fall into areas lacking security measures like cameras and guards are more prone to being taken over by okupas. It is easier and less likely to be caught.
What You Can Do
If your property is invaded, do not fret! Here are some of the countermeasures you can do.
- Know your rights – Know the charges you can press to illegal inhabitants of your property. It is important to note that as stated in article 202 of the Spanish Penal Code, it is considered criminally unlawful to forcefully enter someone else’s property.
- Collect Evidence – Make sure you have all the proof regarding the illegitimate residence of the okupas in your property before approaching the authorities. Processes can be further delayed if you do not have all necessary and incriminating documents.
- Civil Eviction Process – This can be a quicker way to resolve the problem rather than criminal charges. Owners may pursue legal actions and receive the immediate recovery of their possessions.
