The phenomenon of home occupations, commonly known as “squatting,” has been an issue of growing concern in Spain in recent years. Although 2023 showed a slight decrease in the number of cases compared to 2022, the data continues to reflect a major issue for landlords, autonomous communities and authorities.
What Does the Occupancy Data Mean in 2023?
In 2023, 15,289 occupancy complaints were recorded, according to the Ministry of the Interior. This figure represents a decrease of 8.8% compared to 2022, when 16,765 complaints were recorded. Although the downward trend is a positive sign, the figure is still alarming, considering that in 2010 there were only about 2,000 denunciations.
It is important to distinguish between the two types of occupancy-related crimes: usurpation (entry into vacant properties) and trespassing (entry into inhabited dwellings), as both have different legal implications.
Regional Distribution of Occupations: Where Does It Happen Most?
Catalonia remains the community with the most occupations, accumulating 6,258 complaints, representing more than 40% of the national total. It is followed by Andalusia (2,331), the Community of Valencia (1,649), and the Community of Madrid (1,516). In contrast, La Rioja, Cantabria and Asturias were the regions with the fewest cases, but experienced significant increases compared to the previous year.
Factors Behind the High Number of Occupations in Catalonia
Catalonia has registered an 82% increase in occupations over the last six years. Several reasons explain this trend: a strong anarchist movement promoting occupancy, overcrowding in Barcelona’s tourist neighborhoods, and more flexible policies compared to other regions. In addition, the high population density and the attractiveness of the Catalan real estate market contribute to this phenomenon.
Evolution of Occupancies: A Growing Problem
Starting in 2018, the number of occupancies in Spain grew steadily until 2021, when it peaked at 17,274 complaints. Although 2022 and 2023 saw a slight decrease, the numbers still significantly exceed the levels of a decade ago. These data suggest that although efforts are being made to control the problem, the challenge persists.
Legal Implications and Measures to Combat Burglary
Trespassing is a more severe crime than usurpation, with penalties of up to 4 years in prison. In contrast, occupation of vacant properties generally results in administrative sanctions, which facilitates the repetition of these acts. To avoid occupation, experts recommend renting empty properties, thus ensuring that they are inhabited and legally protected.
Proposed Solutions and Recommendations for Landlords
For owners concerned about the occupation of their properties, renting the property is an effective option. An inhabited apartment not only reduces the risk of occupancy, but also generates passive income. In addition, having tenants provides constant monitoring of the status of the property and more robust legal protection in case of intrusion.
Conclusion
Home occupation in Spain remains a complex challenge that requires the cooperation of authorities, landlords and legislators. With a slightly improving trend in 2023, it is crucial to implement more effective policies and continue to promote preventive solutions such as vacant property rental to protect both the rights of homeowners and the safety of neighborhoods.