If you own a home in Spain, the idea of squatters in your property can feel scary.
Maybe you live abroad and only visit a few times a year.
Maybe you rent your flat and worry about a tenant who stops paying.
In this guide, I’ll walk you through the main legal steps, in clear English, so you understand what you can do and what you should avoid.
It’s not legal advice, but it will help you talk to the police or a lawyer with more confidence.
1. First, understand that not all “squatters” are the same
In Spain, people often use the word “okupas” for many situations, but the law does not see them all as the same.
The legal steps and the speed of the process depend a lot on what kind of occupation it is.
Before doing anything, you need to know which of these three cases you are dealing with.
You may be facing:
- People who enter and stay in your main home.
- People who occupy an empty property or second home.
- A tenant who had a contract but stopped paying and refuses to leave.
The law and the police act differently in each case.
This is why the first step is to calmly look at your situation and put it into the right category.
2. Is it your main residence, a second home, or a rental property?
Take a moment and ask yourself how you use this property.
If it is the place where you are officially living, where you receive your mail, and where your ID or local register shows you live, then it is your main residence.
If it is a holiday home or an investment flat that usually stays empty, then it is a second home or investment property.
If there is a rental contract (even if the tenant no longer pays), then it is a rental case.
This matters because the police can act faster and more directly when your main home is occupied.
For second homes or investment properties, things usually go through the courts.
For non-paying tenants, you are dealing with an eviction process under rental law, not typical “squatting”.
3. Prove you are the real owner of the property
Whatever your situation, you will need to show that you are the owner.
The more proof you have, the easier it is for the police and a lawyer to help you.
Useful documents include:
- The title deed of the property (the escritura).
- A recent extract from the Land Registry.
- Local tax bills, community fees, or utility bills in your name.
If it is your main home, things like your ID with that address, the town hall register, or official letters sent there also help.
Photos and videos can show forced doors, broken locks, or the change in the property’s condition.
Keep all this safe and ready before you go to the police or a lawyer.
4. If your main home is occupied, call the police straight away
If you arrive at your main home and find strangers inside, stay calm and do not try to force your way in.
In Spain, entering someone’s main residence without permission is usually treated as a serious crime.
Because of this, the police may be able to act quickly and remove those people.
Call the police or Guardia Civil. Explain clearly that this is your main residence and that you have proof of ownership and residence. Have your documents ready to show them.
Try not to argue or fight with the people inside.
Do not block the door or cut off water or electricity.
Let the police manage the situation and follow their instructions.
5. If it is a second home or empty property, you will likely need to file a complaint
When the property is a holiday home, investment flat, or normally empty, the law usually treats it as occupation of a non-residential property.
In these cases, the police may not remove the occupants on the spot.
Instead, you usually need to file a formal criminal complaint so that a court can decide.
To do this, you can go to the police station, the Guardia Civil, or a court with your lawyer.
You will need your ownership documents and any proof of the occupation, like photos or witness statements.
The case then goes into the system, and a judge may order the eviction later.
This process can take time, and that is frustrating, especially when you live abroad.
However, following the legal route protects you and your rights in the long term.
Trying to handle it yourself, outside the law, can create bigger problems.
6. If you have a non-paying tenant, start the eviction process
If the people inside started as tenants with a rental contract, this is different from classic “squatters”.
Even if they stopped paying and refuse to leave, the law usually treats this as a rental dispute.
In Spain, this normally goes through a civil eviction procedure.
The usual steps are:
- Send a formal written demand for payment and for the tenant to leave.
- If they still do not pay or go, your lawyer files an eviction claim for non-payment.
Here, having a written rental contract is very important.
It shows the terms, the rent, and that they are tenants, not owners.
Your lawyer will ask for proof of unpaid rent and any messages you already sent.
Evictions for non-paying tenants can also take several months, depending on the court.
That is why many foreign owners choose to use professional tenant screening and good contracts from the start.
7. Why you should use a specialist lawyer?
Spanish property and rental laws can feel confusing, especially in another language.
The rules are different depending on whether you are dealing with a main home, a second home, or a tenant.
A lawyer who works often with okupas and eviction cases can guide you through the best route for your case.
A good lawyer will:
- Choose the right type of legal action.
- Prepare all the documents and evidence for you.
- Speak with the court and authorities in Spanish.
If you are not in Spain, this is even more important.
A local lawyer and a trusted real estate agency can act as your eyes and ears on the ground.
8. How to protect your property from squatters in the future?
Once you have gone through a bad experience, you never want to repeat it.
Even if it has never happened to you, prevention is always easier and cheaper than solving a problem.
For a second home or holiday villa, you can improve security with stronger doors and locks, alarms, and cameras within legal limits.
You can also ask someone you trust to check on the property from time to time.
In many communities, neighbors and the building’s administrator are very helpful if they know how to contact you or your agent.
If you rent out your property, choose tenants carefully.
Ask for proof of income, references, and use a contract drafted by a professional who understands Spanish rental law.
You can also look at insurance that includes legal defence and, in some cases, rent protection.
A local property management service can be a big help.
They can hold the keys, visit the property regularly, and inform you quickly if something looks wrong.
9. Common mistakes that can make things worse
When you discover that your property is occupied, you may feel angry and afraid.
That is normal, but acting in anger can create serious problems for you.
Some owners try to solve it themselves by changing locks while people are inside, cutting off water or power, or threatening the occupants.
These actions can be considered illegal and can actually cause legal trouble for the owner.
They can also slow down or complicate the court process later.
Others might think about paying the occupants in cash to leave.
This sometimes seems faster in the moment, but can attract more problems and even more okupas in the future.
The safest path is to stay calm, gather your documents, call the police when appropriate, and contact a lawyer.
It may not be fast, but it protects your rights the right way.
10. Frequently asked questions about evicting squatters in Spain
How long does it take to evict squatters from a property in Spain?
The time depends on your situation and the local court.
Cases involving a main residence can move faster if the police act immediately.
Cases with second homes or non-paying tenants often take longer and go through the courts.
A lawyer who knows your local area can give a more realistic estimate for your case.
Can I remove squatters myself?
No, you should not try to remove squatters by force or threats.
If you do, you could get into legal trouble and make the case harder.
Always use the police and the courts to handle the situation.
Do squatters have any rights in Spain?
Yes, even occupants without permission have some legal protections.
That does not mean they can legally take your home, but it does mean that only the police and courts should handle the eviction.
This is why you must follow the legal route, even if it feels slow.
What should I do as a foreign owner in Marbella or the Costa del Sol?
If you suspect occupation, do not delay.
Contact the police if it might be your main residence.
Reach out to a trusted local real estate agency and a specialised lawyer as soon as possible.
They can help you collect documents, open the right case, and protect your property in the long term.
11. How a local real estate agency can support you
If you live abroad, it is hard to manage these problems from another country.
A local agency in Marbella or the Costa del Sol can help reduce your stress and risk.
They can assist with tenant selection, professional rental contracts, and regular property checks.
They can also connect you with experienced lawyers who know how okupas and evictions work in your area.
This team around you makes it easier to protect your investment and your peace of mind.
If you own a property in the Costa del Sol and feel worried about squatters or non-paying tenants, reaching out for help early is always a smart move.
The sooner you act, within the law, the more options you usually have.
