23.03.2025
Spain changes housing law EU citizens can benefit
Revolutionary changes in Spanish law represent a major opportunity for property owners and investors who want to protect their assets against occupas and issues related to short-term rentals.
From 3 April 2025, a new law will come into force in Spain, aimed at strengthening owners’ rights through the fast eviction of occupas. For Polish investors active in the Spanish real estate market, this represents a significant opportunity to enhance the security of their investments.
THE OCCUPAS PROBLEM – HOW DID IT LOOK UNTIL NOW?
Until now, the issue of illegal occupants, commonly referred to as occupas, has posed a serious challenge for homeowners and property owners in Spain. Individuals occupying properties without the owner’s consent were often able to remain there for many months or even years, leading to:◉ lengthy and costly court proceedings,
◉ difficulties in proving the guilt of intruders,
◉ the obligation for owners to cover ongoing property costs such as utilities and repairs,
◉ a significant decrease in property value due to damage and reduced security.
Cases of illegal property occupation in Spain increased year by year – in 2024, a rise of 7% was recorded. It should be noted, however, that the occupas phenomenon was not widespread on the Costa del Sol (including the Marbella area) and mainly affected Catalonia, where the number of reported cases reached 7,009 in 2024, as well as certain locations on the Costa Blanca.
WHAT DOES THE NEW LAW CHANGE?
The amendment to Spanish law introduces key measures designed to fundamentally change the current situation:◉ Accelerated court proceedings:
The court will have only 15 days to examine the case, with the ruling issued within 3 days after the hearing.
◉ Fast-track eviction:
Once the judgment is issued, the property owner will be able to carry out the eviction of occupas within 48 hours.
◉ Immediate enforcement:
Article 544 requires judges to issue an immediate eviction order unless the occupants can prove a legal right to occupy the property.
◉ Additional powers:
The owner will be allowed to cut off electricity, gas or water supplies to the property without the risk of facing criminal charges.
BENEFITS FOR PROPERTY OWNERS ON THE COSTA DEL SOL, HOME BUYERS IN MARBELLA AND INVESTMENT PROPERTY BUYERS IN MARBELLA
For property owners, these changes mean:◉ Greater investment security:
Fast court procedures and rapid eviction of occupas significantly reduce the risk of prolonged legal disputes.
◉ Asset protection:
New safeguards, such as the ability to disconnect utilities, help prevent further damage to the property.
◉ An opportunity for EU citizens:
For EU citizens investing abroad, these measures represent a real opportunity to increase the security and stability of their investments. Investors from the European Union can take advantage of the new regulations to allocate capital to Spanish real estate with greater confidence.
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Summary
The new regulations in Spain represent a turning point for property owners. Accelerated court procedures and fast-track eviction of occupas make the market more investor-friendly. This is an excellent moment to secure your property and take advantage of the favourable changes in Spanish law.Contact Gecko Real Estate Group to learn more about how the new regulations may impact your investments.