What property owners in Mallorca need to know about squatters. Learn more about your rights, preventive measures, and legal steps to protect your property.
Introduction to the phenomenon of squatting in Spain
The idea of leaving the island and returning to find strangers in your own home is every property owner's worst nightmare. While in Germany criminal offenses are quickly prosecuted and houses can be vacated swiftly, the situation in Mallorca is much more complicated. Vacation properties that stand empty for long periods of time are particularly attractive targets for so-called "okupas" – squatters who illegally break into and occupy other people's properties.
What is squatting?
In Spain, these squatters are known as okupas. They are not only people in precarious financial situations, but also organized groups that systematically scout out vacant properties. They occupy these properties and often make money from them, for example by demanding money for voluntary eviction or illegally subletting the occupied properties. Some gangs plan their occupations in a targeted manner by observing whether a house remains unoccupied for a long period of time. This can result in owners not only risking the loss of their home, but also facing high costs for lengthy eviction proceedings and necessary renovation work. In addition, the arrival of squatters can lead to social tensions in residential areas, as neighbors feel unsettled by the presence of unauthorized persons.
Current trends and the impact of the COVID-19 pandemic
The COVID-19 pandemic has further exacerbated the problem in Mallorca and throughout Spain. During lockdowns, many vacation homes remained empty for months, significantly increasing the risk of squatting. Economic uncertainty and social tensions have led to more and more people squatting in properties out of financial necessity. These developments are not only affecting the real estate market, but also potential investors and buyers – especially in the luxury segment, where maintaining the value of the property is of central importance.
Legal basis and property rights
Spanish real estate law differs from German law in many respects. Until 2020, the police could generally only intervene within the first 48 hours after a squatting incident. After that, owners often had to rely on lengthy court proceedings to regain their property—a process that sometimes led to mafia-like structures in which squatting was used as a lucrative business model.
A legal reform in 2020 expanded the scope of action available to the police, allowing them to intervene even after the 48-hour period had expired, provided that the occupation was unlawful. However, a new regulation came into force in 2021: eviction is only permissible if the squatters have entered the property by force or intimidation. Peaceful squatters are only evicted once alternative accommodation has been provided. These legal conditions often lead to owners feeling that squatters effectively enjoy more rights than they do. In addition to the legal challenges, this uncertainty also causes potential buyers and investors to hesitate when it comes to investing in vacation properties in Mallorca.
Preventive measures against squatting
Despite the complicated legal situation, there are numerous strategies for minimizing—even eliminating—the risk of squatting. One of the most effective measures is to rent out the property permanently. An occupied house is rarely a target for squatters. Both short-term and long-term rentals can help prevent vacancies.
The phenomenon of Inquiokupación
However, caution is advised: there are tenants who, after signing a regular lease, deliberately stop paying rent and refuse to leave the property—a phenomenon known as inquilocupación. These tenants deliberately exploit the protective mechanisms of tenancy law to delay eviction. To minimize the risk of problematic tenants, careful selection is essential. Professional brokers and specialized agencies offer comprehensive credit checks. Long-term leases with established companies or international professionals can provide additional protection. It is also advisable to take out rent loss insurance, which provides financial support in the event of payment defaults.
Safety measures
In addition to renting out their property, owners should invest in modern security technology. Smart home technologies and alarm systems can help detect unauthorized access at an early stage. Installing reinforced doors and security locks makes it more difficult for potential perpetrators to break in. Regular checks by a property manager or security service—especially during longer absences—are also advisable. Close neighborhood assistance, in which attentive neighbors report suspicious activity, offers additional protection.
Discretion on social media
An often underestimated but important aspect is discretion when dealing with periods of absence. Owners should avoid posting information about extended absences or vacancies on social media, as criminals can exploit this information.
Brokers as a protective mechanism
Finally, hiring an experienced real estate agent to handle the rental and management of the property can also have a preventive effect. In addition, leaving personal belongings in the property can be interpreted as an indication that it is being used in an emergency—a circumstance that, according to Spanish case law, can be considered trespassing and facilitate a faster eviction.
Steps and procedures for squatting
Despite all preventive measures, there is always a residual risk that an occupation will occur. In such a case, a quick and structured approach is crucial:
- Quickly secure evidence: As soon as you discover that your property has been squatted in, document its condition immediately. Take photos of all areas, make video recordings, and record all notable features in writing. This evidence will be of central importance in any subsequent legal proceedings.
- Immediate reporting and legal advice: Inform the police immediately and file a report. At the same time, you should consult a lawyer specializing in Spanish real estate law to secure your legal claims and take the next steps.
- Initiating legal proceedings: As a rule, a police report is followed by legal proceedings. Present all the evidence you have gathered and describe the facts of the case transparently. Consistent legal action is essential to enforce your claim to your property.
- Collaborate with specialized service providers: Consider collaborating with service providers who specialize in the professional clearance of occupied properties. These experts can expedite the process and assist you in restoring your property to its normal condition as quickly as possible.
Squatting in Mallorca poses a serious risk, especially for owners of luxury properties. The combination of complex legal conditions, the increase in squatting—exacerbated by the COVID-19 pandemic—and the challenges in the field of security technology requires a proactive and well-thought-out approach. Both preventive measures and a consistent approach in an emergency are essential to ensure that your property retains its value.
Contact us for a personal consultation and customized security solutions for your property in Mallorca.
