Protocol of action in the event of illegal occupation of housing

As soon as a person is a homeowner, he or she may be involved in the very unpleasant situation of illegal occupation of his or her home.

And, according to recent studies, the city of Barcelona topped the ranking of the past 2021 as the place with more homes occupied in an irregular manner, with a total of 5.483.

Now, how should you act when faced with an illegally occupied home? In today’s blog we detail everything you need to know.

How to act in case of illegal occupation of a home

The OCU, Organization of Consumers and Users, proposes two mechanisms to legally recover an occupied dwelling, differentiating between the occupation of a dwelling of habitual use and a second residence. Let’s see both cases.

Action in the event of illegal occupation of a habitual residence

In the case of a habitual residence, the 24-48 hours following the occupation are decisive. In this period of time the Police is authorized to proceed with the eviction without the need of a court order. Once this period has elapsed, recovering your home becomes more complex.

From the moment you detect the illegal occupation of your home, you should contact the police and go to the police station to file the corresponding complaint, providing documentation that can prove that you are the owner, such as, for example, the title deed of the house.

Action to be taken in case of illegal occupation of a second residence

Second homes are usually the most common target of squatting. And the fact is that, unlike a regular home, in this case it is considered that the property must be protected and loses its urgent nature, being treated as an eviction.

Thus, the detection period, although more complex than in a regular home, is a key factor. It is very important to detect the occupation in time, either by yourself or through your neighbors, since after 24 hours you will have to file a lawsuit and go to trial, which can take many months.

Preventing illegal occupations

In order to hinder the possibility of squatting illegally and avoid living such an unpleasant situation, it is important to share some tips.

We recommend:

• Install quality security locks.
• Install armored doors.
• Install window bars.
• To have an electronic security system.

Now that you know how to act correctly in different situations of illegal home occupations and some prevention tips, we invite you to contact our team of commercial advisors.

In KM2 Real Estate Services we have more than 41 years of experience in the real estate sector and we are very knowledgeable about the market. We are at your disposal for any aspect related to your property.