Key Provisions of the New Law:
• Fast-Track Trials: The reform introduces expedited legal proceedings for cases of unlawful entry and property usurpation. These cases will now be handled through “fast-track trials,” potentially leading to resolutions within 15 days, a significant reduction from the previous average of several months or even years.
• Immediate Legal Actions: Upon filing a lawsuit, property owners can expect the court to issue a decree of admission within approximately one month. If immediate possession is requested, occupants are required to provide proof of their right to occupy the property within five days. Failure to do so results in a court-ordered eviction.
• Enhanced Police Intervention: The reform clarifies the concept of “in flagrante delicto,” allowing for more efficient police intervention within the first 48 hours of an illegal occupation. This change enables law enforcement to act promptly in removing illegal occupants during this critical period.
Implications for Property Owners
This legislative change is expected to provide property owners with a more efficient legal framework to address illegal occupations, reducing the financial and emotional burdens associated with prolonged eviction processes. By shortening the timeframe for legal proceedings, the law aims to deter illegal occupations and restore confidence among property owners.
Considerations for Vulnerable Populations
While the reform focuses on protecting property rights, concerns have been raised regarding its impact on vulnerable populations, including families with children. The law stipulates that social services will assess situations involving minors, potentially influencing the eviction process to ensure the protection of children’s welfare.
Next Steps
The reform is pending ratification by the Senate and subsequent publication in the Official State Gazette (BOE) before it becomes enforceable. Once in effect, it will mark a significant shift in Spain’s approach to handling illegal property occupations, balancing the rights of property owners with social considerations.
