Squatters in Spain: How to Protect Your Costa del Sol Property Under the 2025 Anti-Okupa Law

If you are a UK national who owns or is considering buying property on the Costa del Sol, the issue of squatters (okupas) has almost certainly crossed your mind. British media regularly runs alarming stories about homeowners returning from the UK to find their Spanish property occupied by strangers, and the narrative usually suggests that Spanish law protects the squatters more than the owners. While squatting is a genuine issue in Spain, the reality on the Costa del Sol is considerably more nuanced, and a significant new law passed in 2025 has shifted the balance firmly in favour of property owners.

This guide provides a comprehensive, factual assessment of the squatter situation on the Costa del Sol, explains the new legal framework, and sets out practical steps you can take to protect your property.

Reality Check: How Common Is Squatting on the Costa del Sol?

The first thing to understand is that squatting is not uniformly distributed across Spain. The problem is concentrated in large cities, particularly Barcelona, Madrid, and to a lesser extent Valencia and Seville. In these cities, organised squatter groups and social movements (the okupa movement) occupy both residential and commercial properties, and some areas have genuine systemic problems.

On the Costa del Sol, the situation is fundamentally different. The province of Malaga does experience squatting, but at significantly lower rates than Barcelona or Madrid. According to data from Spain's Ministry of the Interior, Malaga province accounted for approximately 3-4% of all squatter-related incidents nationally in recent years, compared to over 30% for Barcelona province and 15% for Madrid.

Within the Costa del Sol, squatting tends to target specific types of properties:

• Bank-owned repossessed properties that have been empty for years following the 2008-2014 financial crisis
• Properties in urban areas of Malaga city, Torremolinos, and Fuengirola, particularly older apartment blocks in less affluent neighbourhoods
• Abandoned or derelict buildings that have clearly been empty for extended periods

Properties that are clearly maintained, furnished, regularly visited, and in urbanisations with security or community management are at very low risk. A well-kept holiday apartment in a gated community in Marbella, Benalmadena, or Estepona is an extremely unlikely target for squatters. The okupas know that such properties have active owners who will respond immediately, and they tend to target properties where they believe no one will notice or care for weeks or months.

That said, low risk is not zero risk, and the consequences of squatting are serious enough to warrant taking preventive measures, especially if your property sits empty for extended periods between visits.

The Legal Background: Why Squatting Became a Problem

To understand the current situation, it helps to understand how it developed. Under the previous legal framework, squatting in Spain fell into two categories:

Allanamiento de Morada (Trespass into a Dwelling)

Under Article 202 of the Spanish Penal Code, entering or remaining in someone's dwelling (vivienda habitual) without consent is a criminal offence carrying a prison sentence of 6 months to 2 years. This applies to properties that are clearly someone's home: furnished, with personal belongings, utilities connected, and signs of habitation. In these cases, the police can act immediately, and the legal process is relatively fast.

Usurpacion (Unlawful Occupation)

Under Article 245.2, occupying a property that is not someone's habitual dwelling (a second home, vacant property, or commercial premises) is a lesser offence, punishable by a fine. Critically, it was historically treated as a minor crime, and courts were often slow to act. Police could attend but might argue they could not remove the occupants without a court order, particularly if the occupants claimed to have been there for more than 48 hours and presented any documentation (even fake) suggesting they had a right to be there.

This distinction created a gap: if squatters entered a holiday home while the owner was in the UK and managed to stay for more than 48 hours without being detected, eviction could require court proceedings lasting months or even years. During this time, the owner was responsible for the mortgage and property taxes but unable to use or sell the property. Some squatters exploited this by changing locks, connecting utilities in their name, and claiming tenancy rights.

The 2025 Anti-Okupa Law: What Changed

In response to growing public pressure and escalating squatter incidents, Spain's parliament approved significant reforms in 2025 that strengthened property owners' rights and created faster eviction procedures. The key changes are:

48-Hour Rapid Police Response

Police are now empowered and required to act within 48 hours of a squatter occupation being reported, regardless of whether the property is the owner's primary residence or a second home. The previous distinction between vivienda habitual and other properties has been significantly narrowed for enforcement purposes. If the owner (or their representative) can demonstrate ownership and the occupation is recent, police can remove the squatters without waiting for a court order.

Fast-Track 15-Day Court Proceedings

Where police intervention is insufficient or the occupation has been established for longer, a new fast-track judicial procedure allows property owners to obtain an eviction order within 15 working days. Under the previous system, eviction proceedings could take 6 to 18 months through the standard civil courts. The new procedure is specifically designed for squatter cases and prioritises speed.

Enhanced Criminal Penalties

The penalties for usurpacion have been increased, with judges now able to impose prison sentences (not just fines) for persistent or organised squatting. The law also targets the organised networks that facilitate squatting: individuals who break into properties on behalf of others, change locks, or provide fake documentation can face charges of criminal facilitation.

Owner Identification Simplified

The new law allows property owners to demonstrate ownership through a wider range of documents: the escritura (title deed), a nota simple from the Land Registry, utility bills, community fee receipts, or even a sworn statement from the community president. Previously, police sometimes demanded the original escritura, which many UK owners keep in the UK or with their lawyer, creating delays.

What the Law Does NOT Do

It is important to understand the limits. The 2025 law does not:

• Authorise owners to use force or self-help to remove squatters. You must not enter the property or confront squatters yourself. Always call the police
• Apply retrospectively to existing squatter situations that predated the law
• Eliminate the possibility of long court proceedings in complex cases (e.g., where the squatter claims a tenancy agreement or where there are disputes about ownership)
• Address social housing shortages, which are the underlying driver of some (though not all) squatter activity

7 Practical Measures to Protect Your Property

Prevention is vastly preferable to cure. Even with the improved legal framework, dealing with squatters is stressful, time-consuming, and costly. The following measures are recommended for UK owners whose Costa del Sol properties sit empty for extended periods.

1. Install a Monitored Alarm System (EUR 40-55/month)

A professionally monitored alarm system is the single most effective deterrent against squatters. Systems from providers like Securitas Direct (Verisure), Prosegur, and Tyco include:

• Motion detectors and door/window sensors
• 24/7 monitoring by a central control room
• Immediate police notification if an intrusion is detected
• Verification cameras that allow the monitoring centre to confirm a break-in before dispatching police
• Loud sirens and strobe lights that draw attention

Costs typically range from EUR 40 to EUR 55 per month for a standard residential system, with installation costs of EUR 0 to EUR 300 depending on the contract length. Some providers require a 12 or 24-month commitment. The monthly fee is a modest cost relative to the value it protects, and the visible alarm box on the exterior of the property is itself a powerful deterrent.

Crucially, a monitored alarm means that any unauthorised entry is detected within minutes, not weeks or months. The 48-hour window for rapid police response is only useful if you know about the intrusion within 48 hours, which is guaranteed with a monitored system.

2. Smart Security Cameras with Remote Access (EUR 100-400 One-Off + EUR 0-10/month)

Smart cameras from brands like Ring, Arlo, Reolink, and Eufy allow you to monitor your property remotely from the UK via a smartphone app. Features to look for include:

• Motion-activated recording with instant push notifications to your phone
• Night vision
• Two-way audio (you can speak to anyone at the property through the camera)
• Cloud storage of recorded footage (useful as evidence)
• Solar-powered options for outdoor cameras (no wiring needed)

A basic 2-camera system costs EUR 100 to EUR 250, with higher-end multi-camera systems at EUR 300 to EUR 400. Cloud storage subscriptions are EUR 3 to EUR 10 per month, though some cameras offer free local storage on a microSD card.

Smart cameras complement a monitored alarm. The alarm provides the professional response; the cameras give you eyes on the property at any time and provide video evidence if needed.

3. Professional Property Management (EUR 50-150/month)

A property management company or key-holder service provides regular physical checks on your property, typically weekly or fortnightly. Services include:

• Visual inspection of the property exterior and interior
• Checking for signs of attempted entry, water leaks, or damage
• Collecting post and parcels
• Running taps and flushing toilets to prevent pipe issues
• Meeting tradespeople for maintenance or repairs
• Acting as your local representative in emergencies

Having someone physically visit the property on a regular basis is one of the strongest signals that a property is actively managed and not abandoned. It also ensures that any problem, whether squatters, a burst pipe, or storm damage, is detected quickly. Costs range from EUR 50 per month for basic key-holding to EUR 100 to EUR 150 for comprehensive management. For more on buying in Spain, see our buyers' guide.

4. Simulate Occupancy When You Are Away

Making a property look occupied is a simple and effective deterrent. Techniques include:

• Smart lighting: Use smart plugs (EUR 10-15 each) or smart bulbs (EUR 8-15 each) controlled by an app or set to timers. Programme lights to turn on and off at varying times in different rooms to mimic natural occupancy patterns
• TV simulator devices: Small devices (EUR 15-25) that emit flickering coloured light to simulate a television being watched. Placed behind curtains, they are convincing from outside
• Smart blinds or curtains: Automated systems that open and close at set times
• Radio or music on a timer: Audible sound from inside suggests someone is home
• Garden and terrace maintenance: An overgrown garden or dusty terrace screams "nobody lives here." Arrange for regular maintenance even when you are away

5. Keep Utilities Active and in Your Name

This may seem counterintuitive (why pay for utilities you are not using?), but there is a strategic reason. If a property has no electricity, water, or gas, it signals that it is unoccupied. Squatters may then attempt to connect utilities in their own name, which can be used as evidence of residency in legal disputes.

Keep your utilities connected and in your name. The standing charges (cuota de servicio) for electricity and water are typically EUR 15 to EUR 30 per month each even with zero consumption, a small price for the protection it provides. If you receive utility bills digitally, any sudden spike in consumption alerts you to potential unauthorised use.

6. Anti-Squatter Insurance (EUR 50-120/year)

Several Spanish insurance companies now offer specific anti-squatter (anti-okupa) insurance policies. These typically cover:

• Legal fees for eviction proceedings
• Locksmith costs for changing locks after recovery
• Damage repair costs (up to a policy limit)
• Loss of rental income during the eviction period
• 24/7 legal helpline for immediate advice if squatters are discovered

Premiums are typically EUR 50 to EUR 120 per year, depending on the property value and location. This is a relatively new insurance product, and coverage varies between providers, so read the policy terms carefully. Some home insurance policies now include basic anti-squatter coverage as standard or as an optional add-on.

7. Physical Security Upgrades

Physical barriers are the first line of defence against entry. Recommended upgrades include:

• Security door (puerta de seguridad): A reinforced steel door with multi-point locking, anti-drill cylinders, and anti-lever protection. EUR 800 to EUR 2,000 installed. This is the single most effective physical barrier, as squatters typically gain entry by forcing or picking the front door lock
• Window grilles (rejas): Metal grilles over ground-floor windows are standard in Spain and highly effective. EUR 100 to EUR 300 per window
• Reinforced shutters (persianas de seguridad): Roll-down shutters that lock from inside, preventing windows from being forced open. EUR 200 to EUR 500 per window
• Smart locks: Electronic locks that can be controlled remotely, with activity logs showing when the door was opened and by whom. EUR 150 to EUR 400
• Padlocks on utility meters: Prevents squatters from reconnecting gas, electricity, or water if supplies have been cut. EUR 10 to EUR 30

Renting Your Property as Protection

One of the most effective ways to prevent squatting is to ensure the property is never empty for extended periods. If you are not using your property for several months at a time, consider renting it out:

• Short-term tourist rental: If your property has a tourist licence (licencia turistica), renting to holidaymakers generates income and ensures regular occupancy. Between bookings, a property management company handles check-ins, cleaning, and maintenance
• Medium-term rental (1-6 months): Renting to digital nomads, winter-sun visitors, or relocation tenants provides continuous occupancy during the months you are not using the property. Medium-term contracts (outside the standard residential tenancy framework) offer more flexibility than long-term leases
• Long-term rental: A tenant in permanent occupation eliminates the squatter risk entirely, though you lose the flexibility to use the property yourself. Long-term rental contracts in Spain offer strong tenant protections, so this is a significant commitment

Rental income offsets running costs, the property is maintained and occupied, and the squatter risk drops to essentially zero. It is a win on multiple fronts. For more on the buying process and protecting your investment, see our guide for property buyers.

Emergency Response: What to Do If Squatters Move In

Despite all precautions, if you discover that your property has been occupied, follow this procedure:

Step 1: Do Not Enter the Property or Confront the Squatters

This is critical. Do not attempt to enter the property, change the locks, cut off utilities, or confront the occupants. Any of these actions could result in criminal charges against you (coercion, threats, or even assault) and could undermine your legal position. Spanish courts have consistently ruled against property owners who take self-help measures.

Step 2: Call the Police Immediately (112 or 091)

Call 112 (general emergency) or 091 (Policia Nacional) immediately. Report the occupation and provide evidence of your ownership. Under the 2025 law, if the occupation is recent (within 48 hours), police should act to remove the occupants without requiring a court order.

Have the following ready:

• Proof of ownership (escritura, nota simple, or community fee receipts)
• Evidence that the property was not abandoned (utility bills, recent photographs, alarm records, property management reports)
• Any camera footage showing the moment of entry

Step 3: File a Denuncia (Police Report)

Whether or not the police remove the squatters immediately, file a formal denuncia at the police station. This creates an official record of the incident, which is essential for any subsequent legal proceedings or insurance claims.

Step 4: Contact Your Lawyer

Instruct your Spanish lawyer (or the legal helpline provided by your anti-squatter insurance) to initiate eviction proceedings if the police have not resolved the situation. Under the 2025 fast-track procedure, an eviction order should be obtainable within 15 working days.

Step 5: Contact Your Insurance Company

Notify your home insurance provider and your anti-squatter insurance provider (if separate). Provide copies of the denuncia and any evidence of the occupation. The insurer will advise on covered costs and next steps.

Step 6: Document Everything

Keep a detailed record of all communications, costs, and actions taken. This includes police report numbers, lawyer's invoices, insurance claim references, photographs of any damage, and copies of all correspondence. This documentation will be essential for any insurance claim and potentially for a civil damages claim against the squatters.

The Cost of Comprehensive Protection

Adding up the recommended protection measures gives a total annual cost of approximately:

Measure	Annual Cost (approx.)
Monitored alarm system	EUR 480 to EUR 660
Smart cameras (amortised over 3 years + cloud storage)	EUR 70 to EUR 170
Property management / key-holding	EUR 600 to EUR 1,800
Smart lighting and occupancy simulation	EUR 30 to EUR 60 (electricity)
Anti-squatter insurance	EUR 50 to EUR 120
Utility standing charges	EUR 360 to EUR 720
TOTAL	EUR 1,590 to EUR 3,530

For a property worth EUR 200,000 to EUR 400,000, this represents approximately 0.5% to 1.5% of the property value per year, a modest cost for comprehensive protection. And many of these costs (property management, utilities, insurance) you would be paying anyway as part of normal property ownership.

Perspective: Putting the Risk in Context

While this guide has covered the squatter issue in detail, it is worth stepping back and putting the risk in perspective for Costa del Sol property owners:

• The overwhelming majority of UK-owned properties on the Costa del Sol have never had a squatter issue
• Properties in gated communities, urbanisations with on-site management, and apartment buildings with active community presidents are at very low risk
• The 2025 Anti-Okupa Law has significantly strengthened owners' rights and accelerated eviction procedures
• Basic precautions (alarm, key-holder, simulated occupancy) reduce the already-low risk to near zero
• Squatting should be a factor in your property protection planning, but it should not be a reason to avoid buying property in Spain

The Costa del Sol remains one of the safest, most desirable, and most popular destinations for UK property buyers in Europe. With sensible precautions and awareness of the legal framework, squatter risk can be managed effectively.

Next Steps

1. If your property sits empty for more than a few weeks at a time, install a monitored alarm system and arrange key-holding or property management
2. Review your home insurance policy to check whether it includes anti-squatter coverage
3. Keep proof of ownership and occupancy evidence (utility bills, photographs, maintenance records) easily accessible
4. Save the police numbers (112 and 091) and your lawyer's emergency contact in your phone
5. Read our guide for UK buyers in Spain for the full picture on property ownership