What is ocupación ilegal (Spanish squatting)?

First, the important distinction: squatting and non-paying tenant are not the same, even though Spanish media often conflate them. The squatter entered without permission and without a contract — was never your tenant. The non-paying tenant signed a contract with you (primary residence, seasonal, or tourist) and then stopped paying. The first is handled via criminal proceedings; the second via a civil desahucio under the LAU.

The Spanish Penal Code distinguishes two types of squatting. Allanamiento de morada (art. 202 CP) is when someone enters your primary residence — the home where you actually live. This is a serious offence; police can act immediately because a fundamental right (inviolability of the home) is at stake. Usurpación (art. 245 CP) is when squatters occupy a property that is not your primary residence: a second home, an empty flat, a vacation rental. It is a lesser offence, and — outside of in-the-act eviction — requires going through the courts.

In 2023, Real Decreto-ley 6/2023 expanded the scope for in-the-act eviction: if squatters are detected during the entry, typically within the first 48-72 hours, the police can remove them without a court order. After that window you must open a criminal case (art. 245 CP) or a civil case (juicio verbal for possession recovery, LEC art. 250.1.4º). Civil proceedings have shortened on average since the reform but still take months, sometimes over a year.

For a vacation-rental host the concrete risk is squatting in an empty home. Between bookings a VUT can sit empty for days or weeks — exactly the window professional squatter groups exploit. Good practices: connected alarm with immediate human response, reinforced lock, keep utilities active (cutting water/electricity can be used as evidence of abandonment), inspect the property regularly, and if you ever find it occupied, dial 091 or 112 before doing anything yourself. Breaking in on your own can legally turn you into the aggressor.