Ocupas in Spain: what you need to know, how it began and why you as a property owner have nothing to worry about
If you’ve ever thought about buying a property in Spain, you may have come across the term ‘ocupas’. This term refers to situations where people illegally occupy someone else’s property without the owner’s permission. The issue of ocupas is a fairly well-known phenomenon in Spain, which may at first sight raise concerns, especially among foreign investors or those planning to buy a holiday home. But what are the real issues involved and why should you not be discouraged by them?
What does the term “ocupas” mean?
The term “ocupas” refers to people who take up unauthorized residence in someone else’s home or apartment, often without any permission from the owner. It is a phenomenon that has historical roots in Spain and has been partly influenced by economic and social problems such as the lack of affordable housing and the economic crisis.
Ocupas, however, are not a diverse group. They consist of:
- Socially vulnerable individuals or families who have no other housing options.
- Organized groups who occupy properties for the purpose of renting them out illegally.
- Activists who occupy abandoned buildings as a form of protest against the property market or government policy.
What is the origin of this phenomenon?
The roots of the problem go back to the economic crisis after 2008, when many Spanish people found themselves in foreclosure and their homes were seized by banks. These properties were often left empty and unmaintained, creating an opportunity for illegal occupation. This problem has become particularly widespread in large cities, where the lack of affordable housing has been a long-standing problem.
Legislation is another factor. Spanish law protects occupants of properties from sudden eviction, which means that the process of evicting an illegal occupant can be lengthy. However, this legislation primarily protects tenants who get into trouble, not ocupas who live in the property illegally.
Which properties are most often targeted by ocupas?
Targets are usually unoccupied or long-abandoned properties, often in cities or areas where there is less owner control. The problem is usually related to properties that are not well secured and are not regularly checked by the owners.
Why doesn’t this problem affect our customers?
If you are planning to buy a property in Spain, either as an investment or a holiday home, the likelihood of you encountering the ocupas problem is very low. Here are the reasons why:
- Modern residential complexes
- The properties we offer are located in modern residential complexes. These complexes are equipped with advanced security systems such as cameras, electronic locks, fencing and 24/7 security guards that greatly reduce the risk of illegal occupancy.
- Regular presence or management of the property
- Whether you’re buying an apartment as an investment or a second home, it’s a good idea to let a professional property management company take care of its maintenance and inspections. Among other things, this eliminates the risk of the property appearing abandoned. At Home Portal, we are happy to help you with property management.
- Legislation protecting owners
- Although the process of evicting ocupas can be lengthy, in cases where the owner proves that they regularly check the property and that it has been occupied illegally, the procedure is straightforward. Moreover, legal assistance is readily available in Spain, even for foreign owners, and we will be happy to advise you on how to do this.
- Choosing a location
- Our projects are located in areas that are attractive, safe and well managed. In these locations, the incidence of ocupas is minimal as empty properties are quickly occupied by legal tenants or sold.
How to minimize the risk?
Even though the likelihood of encountering ocupas is minimal, you can take a few steps for even greater peace of mind:
- Invest in security: modern security systems such as alarms, CCTV and smart locks significantly reduce the risk of unauthorized entry.
- Work with a property management company: These companies can regularly inspect your property, take care of its maintenance and address any problems.
- Visit or rent regularly: If you regularly use the property or offer it for rent, it is less likely to be considered abandoned.
Conclusion
Although the issue of ocupas may look worrying at first, it is important to see it in a wider context. Most foreign investors who buy property in Spain will never encounter this problem. With good security, legal protection and regular maintenance of the property, the risk of occupation is virtually eliminated.
If you are considering buying a property in Spain and are concerned about this phenomenon, contact Home Portal and we will help you not only to choose a suitable property, but also to manage and secure it. This way your investment will not only be safe but also profitable.
