In recent years, the phenomenon of illegal property occupation, commonly known as “squatting,” has significantly escalated in Spain. Simultaneously, the time required for property owners to legally reclaim their properties has reached historical highs. According to the latest data from the General Council of the Judiciary (CGPJ), in 2023, the average time to evict a squatter has hit an all-time high of 23.2 months.
A Detailed Analysis of Judicial Delays
Judicial procedures to evict squatters in Spain have seen a considerable increase in duration over the past few years. In the Courts of First Instance, the average time to resolve cases of illegal occupation was 12 months in 2023, compared to 10.6 months in 2022. Additionally, appeals in Provincial Courts have added another 11.2 months, bringing the total to almost two years.
Historical Evolution of Delays
This situation has not always been so critical. Five years ago, in 2018, the average time to evict a squatter in First Instance was just 4.9 months. This sharp increase in eviction times reflects both the rise in litigation related to squatting and the growing overload and lack of resources in the Spanish judicial system.
Regional Differences in Eviction Times
The time required to evict squatters varies significantly among Spain’s different Autonomous Communities (CCAA). Some of the regions with the longest delays are Castilla y León, where procedures can extend up to 35.9 months, and Murcia, with an average of 27 months. On the other hand, regions like Aragón and Navarra have shorter times, approximately 13.5 and 14.2 months, respectively.
Factors Contributing to Regional Variability
The disparity in resolution times is due to multiple factors, including the workload of the courts, the available resources, and regional policies. In regions with less judicial congestion and better resources, the processes tend to be faster.
Causes of Increasing Delays
Various experts in real estate and procedural law agree that the increase in the time to resolve squatting cases is symptomatic of a broader collapse of the Spanish judicial system. The lack of personnel and material resources, combined with a legal system still heavily reliant on manual processes and paper documentation, contributes to the sluggishness of the procedures.
Expert Opinions
Carmen Giménez, a lawyer at G&G Abogados, highlights that “judicial procedures are slowing down due to the growth in litigation and the lack of adequate resources in the courts.” Adding to this, Arantxa Goenaga, a partner at AF Legis, points out that “the suspension of procedures due to the Housing Law and the lack of resources in social services create a perfect storm that doubles the duration of the processes.”
Meanwhile, José Méndez of Méndez Lit emphasizes the need for modernization of the judicial system, noting that “the absence of adequate material and human resources, along with outdated procedural laws, is weakening property rights.”
Proposed Measures to Accelerate Proceedings
To address this crisis, experts suggest several measures. These include modernizing the judicial system through the implementation of electronic case files and hiring more court personnel. Additionally, there is a need to review and simplify legal procedures to reduce response times.
The Importance of Social Housing
A long-term solution could involve increasing the supply of social housing, which could reduce the unmet demand leading many to illegally occupy properties. According to Montserrat Junyent of FADEI, “investment in social housing is crucial to alleviate pressure on the system and prevent private property owners from bearing the burden of social housing.”
The current situation in Spain regarding squatting and the prolonged judicial resolution times is causing significant concern among property owners and legal experts. The need for reforms in the judicial system, along with an increase in the supply of social housing, are crucial steps to effectively address this issue. At Living Sitges, we remain committed to providing our clients with the best information and support to navigate this complex real estate landscape.
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