"Okupas" is the first word that scares those who want to buy real estate in Spain. And during the quarantine, questions and discussions on this topic began to appear more often on social networks, in the press and on forums about moving to Spain. What kind of phenomenon is this, how common is it in Spain and what is the chance of losing your home due to invaders? Let's figure it out.
Who are okupas and how did they appear
Let's start with the history of the phenomenon. In its modern form, "okupas" appeared after socially oriented Spain adopted laws designed to protect the rights of tenants in difficult economic situations. During the economic crisis of 2008, citizens were given the opportunity to stay in housing, even without being able to pay for it. It was possible to evict such a "tenant" only by a court decision with huge time costs.
And suddenly, this right was actively used not by law-abiding Spaniards experiencing temporary difficulties, but by marginal elements and "visiting" migrants, many of whom did not even have legal status in the country. And the word "ocupas" (in Spanish "ocupas" from the verb "ocupar" — to seize, occupy) has become synonymous with the whole phenomenon.
The system in Spain was really strange — the legitimate owners and homeowners could not dispose of their real estate, while they paid other people's utility bills, incurring financial costs and moral losses. Eviction courts could last for years, and if there were children in the family of the invaders, then the owner of the property practically lost the opportunity to dispose of it. But gradually everything began to change.
Such a situation could not remain without the intervention of the authorities, in June 2018, Law 5/2018 was adopted, called the "law on forced eviction". According to it, the owner of the property (an individual or a non-profit organization) received the right to expedited consideration of cases of illegal occupation of residential property in the framework of civil proceedings.
When the legal owner of the property goes to court, the judge must make a ruling and give the "payback" 5 days to provide documents confirming the legality of his stay in the occupied premises. If such documents are not provided, eviction by court takes place immediately. Additions have also been made to the Criminal and Procedural law, now you can file a police report against the invaders without specifying their name. Previously, it was required to specify personal data, which the consultants were in no hurry to provide.
Which properties are at risk
According to statistics, the largest number of applications for the seizure of apartments and houses "okupas" falls on Barcelona and Madrid in Madrid, a city where there are many migrants. But other regions are not immune from the seizure of property. Nevertheless, there is a rational grain in the actions of okupas, they choose the least protected places.
Looking at the area
First of all, you should look at the well-being of the area as a whole. The higher the standard of living, the less likely it is that someone else will move into an apartment or house. Options for too cheap real estate in disadvantaged areas often come with a "surprise". Secondly, we pay attention to the presence of neighbors and the development of infrastructure. A lonely house, empty apartments in apartment buildings should alert you.And if you have neighbors with whom you establish contact, your investment property or the option of a "summer cottage" will be safer during your absence.
Studying statistics
The Spanish Association of Real Estate Appraisers (AEV) has chosen the risk of "payback" in the area where the property is located over the next six years as one of the criteria for evaluating the property. So it is useful to look at statistics and estimates not only when studying prices.
We choose trusted sellers
It is easier for Okupas to stay in houses owned by banks and legal entities. The law actively protects the rights of citizens, and leaves corporations, construction firms and banks to deal with the invaders with the help of lawyers. Therefore, when choosing a house or apartment for purchase, we recommend that you carefully consider offers such as "cheap banking real estate". As a rule, in addition to "inexpensive", you will receive illegal tenants as a gift, which you will have to deal with yourself.
How to act if the house is occupied
It should be remembered that in Spain, an attempt to enter your own house occupied by "okupas", and even more so the use of physical force against them, can turn against you and result in a criminal case. That is why it is necessary to behave with restraint, as much as possible, go along with emotions and remember that the main thing now is a quick reaction and actions within the law.
You can immediately evict illegal tenants only if they are overtaken at the moment of entry into your house. If the "okupas" managed to settle in and change the locks, even without any reason, they can only be evicted through the court. That is why the speed of your actions and timely contacting the police is so important.
In addition to interaction with government agencies, "okupas" eviction services have also become widespread in Spain, when a team of strong guys comes to talk to uninvited guests. You should be aware that no one will give you a 100% guarantee for such services and they may not always work, but once there is demand, there will be a supply.
Within the framework of the legislative field, the homeowner has two ways: he can act within the framework of civil law and go to court, or within the framework of criminal law, involving the police and conducting an investigation.
How to avoid settling "okupas"
By choosing the right area and assessing whether the property being acquired is attractive for capture, you can significantly reduce the risks, but they still remain. There are several other ways to practically reduce them to zero.
Vigilant neighbors
The most banal advice "you should be friends with your neighbors" turns out to be very effective in these situations. Given the importance of responding quickly to intrusion, it is the neighbors who will inform you about the intrusion into the house or apartment. Show them respect, and then, when you leave for a long time, you may well be able to ask them to keep an eye on your house. Among our clients, there are stories with a happy ending, when vigilant neighbors themselves called the police.
Concierge service
What's it? This is when professionals look after the house in your absence, they also solve any related issues: from cleaning the pool and lawn care to interacting with public utilities and government agencies. They will also look after the house, receive mail, check the safety of locks and represent your interests in case of emergency.
Security, alarm and video surveillance
Illegal entry is a criminal offense, so the "okupas" prefer to avoid houses that are under guard. After all, if the alarm goes off and the police arrive, it will no longer be possible to portray that "we have been living here for a long time." Therefore, it would not be superfluous to conclude a contract for the protection of property and/or install an alarm system.
For the same purposes and your own peace of mind, install a video surveillance system with which you can monitor the house anywhere in the world, and equip the house with sensors that allow you to track illegal entry. This will help not only to promptly call the police if necessary, but also to prevent hacking altogether.
Insurance against the seizure of "okupas" and unscrupulous tenants
Insurance companies offer two types of insurance that will support the owner of the property. The owner's Legal Protection Insurance (Seguro de Defensa Judica para Propietarios) protects against the seizure of property by third parties. She will cover the costs of the trial and legal aid.
To protect against unscrupulous tenants who have stopped paying and have actually turned into a "payback", it is possible to conclude an insurance contract against non-payment of rent (Seguro de Impago de Alquiler).
The cost of such insurance ranges from 3 to 5 percent of the amount of rent, depending on the term of the contract and its terms. The contract can be concluded for 6 months or for a longer period, according to the terms of the contract, the insurance will cover only the cost of rent and possible damage to property, as well as the costs of conducting court cases.As a rule, property owners immediately include these costs in the total amount of the lease.
Who is the boss of the house
If you are going away for a long time or live in the house only for a couple of months a year, do not leave ownership documents, contracts with utilities and personal data in accessible places. You must have either scans or copies of documents confirming ownership with you. This will help you to react quickly and provide all the necessary data to the police or the court and will give you a head start when considering the issue of eviction "okupas".
There are political forces in the Spanish Congress that understand the need for such changes, they plan to adopt amendments according to which "okupas" can be evicted within 48 hours, prohibit them from "registration" in occupied houses and apartments, as well as toughen responsibility for the seizure of other people's property by amending the Criminal Code. Now the "okupas" are getting off with fines, which they actually do not pay, since they "do not have means of livelihood", and under the new amendments they will face real terms from 1 to 3 years.
Another reasonable proposal would be the opportunity to sue for eviction of "okupas" not only to property owners, but also to neighbors on the basis of illegal actions by the invaders. But so far these are only draft laws that have not been translated into reality, so when choosing a house or apartment in Spain, you should use common sense and seek expert advice.
And we hope that these tips will never be useful to you, and nothing will overshadow your stay in Spain.