Vicente Magro, a judge of the Second Chamber of the Supreme Court of Spain, has proposed a set of 10 measures designed to address the growing issue of “okupas” (illegal occupants). He emphasized that the scale of illegal home occupation in Spain is unprecedented and difficult to comprehend even within Europe and Latin America.
10 Proposed Measures
- Develop a new Organic Housing Law to restore confidence among owners and investors, who currently hesitate to rent or buy due to insecurity.
- Adopt Article 544 bis of the Criminal Procedure Law, allowing on-duty judges to authorize immediate eviction of “okupas.”
- Classify illegal occupation as a criminal offense under Article 250.1 of the Criminal Code, including prosecuting those who create fraudulent rental contracts.
- Consider overstaying beyond the term of a holiday rental as fraud, also covered under Article 250.1.
- Remove vulnerability as a valid reason to suspend evictions; illegal occupants must be responsible for utilities, property taxes, mortgage payments, and other expenses.
- Amend Article 9 of the Housing Law to introduce enforceable legal consequences for non-compliance.
- Establish a registry of rental debtors, a project that should have been initiated in 2013.
- Classify the submission of fake rental contracts as procedural fraud.
- Clarify the definition of “flagrante delicto” to empower police to conduct evictions within 24 hours without fear of job repercussions.
- Grant homeowners’ associations the authority to initiate criminal proceedings against illegal occupants.
Judge Magro’s Perspective
Judge Magro stresses that the urgent need for housing cannot justify the illegal occupation of private property. He asserts, “Responsibility for social housing lies with the public administration.”
He further highlights a troubling consequence of the current situation: the slow judicial process compels property owners to pay illegal occupants to vacate their homes, which itself constitutes a crime. This dynamic fosters criminal networks by creating legal incentives for unlawful occupation.