The hot topic about throwing a squatter out of the house and the phenomenon of occupation in general, has many edges, truths and hoaxes. We review each of them to provide an informative lighthouse around this problem.
The illegal occupation of properties is undoubtedly one of the current headaches. Or at least it is one of the issues that covers the most hours of content in the media. In addition to the economic problem that the fact of not being able to have a home implies, one of the great damages is related to the time it takes for the courts to issue a sentence that allows the squatter in question to be thrown out.
How long do judges take to kick out a squatter?
According to data provided by the General Council of the Judiciary, the average in Spain is 18.1 months since the occupation. This average also takes into account some aspects such as verbal possessory procedures for illegal occupation of homes carried out by the Courts of 1st Instance and Instruction in civil matters, such as appeals from verdicts of judgments in the Provincial Courts.
However, not everything that is being promoted as an occupation is truly this crime. There are clear differences between the occupation of a home and a full-blown burglary. Despite the fact that the occupation of properties is a problem, you can rest easy when you go out to do the shopping. No, they will not occupy the house when you go out for coffee. For this reason, it is worth differentiating between one term and another.
What is the difference between occupation and trespassing?
The occupation consists of a crime of usurpation within the legal framework. basically it is the entry and the fact of illegally inhabiting a disused property. Precisely, therein lies the real difference between one term or another. On the contrary, breaking and entering is the entry into a home, dwelling or property that is inhabited by its guests or legal owners. In these latter cases, the police can intervene without waiting for a court order. It will suffice to present the property registry, rely on the testimony of a close neighbor or some invoice of the house. From there, the state security bodies and forces may proceed to evict people who have managed to enter.
How many cases of burglary are there in relation to the cases of occupation?
According to the difference between one crime and another, and according to the State Attorney General’s Office, less than 1% of the total number of illegal entries that occur in our country correspond to all home analyses. The vast majority of cases corresponded to occupations of empty properties, buildings or homes.
In this context, it should be remembered that in Spain there are approximately three and a half million empty houses. The Law on the Right to Housing establishes that an empty house is one that will remain uninhabited for a period of at least two years. From there, there are also a multitude of uninhabited homes as a result of their acquisition by financial institutions or investment funds.
That is why kicking out a squatter is still a problem. A judicial inconvenience that also has to do with the lack of agility of the system at this point. From there and due to the doubts that an owner can raise regarding a second home or a vacation home, it is sometimes preferable to take measures and hire the relevant security services to avoid greater evils.
