What property owners in Mallorca absolutely 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 thought 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 are promptly cleared, the situation in Mallorca is significantly more complicated. Especially holiday properties that remain vacant for long periods are attractive targets for so-called “Okupas” – squatters who illegally enter and occupy properties.
What is Squatting?
In Spain, these squatters are called Okupas. These 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 a voluntary eviction or illegally subletting the occupied properties. Some gangs plan their occupations deliberately by observing whether a house remains uninhabited for an extended period. This can lead to owners not only risking the loss of their homes but also facing high costs for lengthy eviction lawsuits and necessary renovations. Additionally, the presence of squatters can lead to social tensions in neighborhoods, as neighbors feel unsettled by the presence of unauthorized individuals.
Current Trends and the Impact of the COVID-19 Pandemic
The COVID-19 pandemic has exacerbated the problem in Mallorca and across Spain. During lockdowns, many holiday homes remained empty for months, significantly increasing the risk of squatting. Economic uncertainties and social tensions have led to more people occupying properties out of financial necessity. These developments not only affect the real estate market but also potential investors and buyers – especially in the luxury segment, where maintaining the value of the property is crucial.
Legal Foundations and Property Owner Rights
Spanish property law differs in many respects from that in Germany. Until 2020, the police could usually only intervene within the first 48 hours after an occupation. After that, owners were often dependent on lengthy court proceedings to regain their property – a process that sometimes led to mafia-like structures, where squatting was used as a lucrative business model.
A legal reform in 2020 expanded the police’s scope of action, allowing intervention even after the 48-hour period, provided the entry was unlawful. However, a new regulation came into force in 2021: Eviction is only permitted if the squatters entered violently or through intimidation. Peaceful occupations are only cleared if alternative housing is provided. These legal frameworks often lead owners to feel that squatters de facto enjoy more rights than they do. In addition to the legal challenges, this uncertainty also causes potential buyers and investors to hesitate to invest in holiday properties in Mallorca.
Preventive Measures Against Squatting
Despite the complicated legal situation, there are numerous strategies to minimize – or even eliminate – 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 avoid vacancies.
The Phenomenon of Inquiokupación
However, caution is advised: There are tenants who, after signing a regular lease, intentionally stop paying rent and refuse to leave the property – a phenomenon known as Inquiokupación. These tenants exploit the protective mechanisms of rental law to delay eviction. To minimize the risk of problematic tenants, careful selection is essential. Professional agents and specialized agencies offer comprehensive credit checks. Long-term leases with established companies or international professionals can provide additional protection. Additionally, it is advisable to take out rent default insurance, which steps in financially in case of payment defaults.
Security Measures
In addition to renting, owners should invest in modern security technology. Smart home technologies and alarm systems can help detect unauthorized access early. Installing reinforced doors and security locks makes it harder for potential intruders to break in. Regular checks by a property manager or security service – especially during long absences – are also advisable. Close neighborhood cooperation, where vigilant neighbors report suspicious activities, offers additional protection.
Discretion on Social Media
An often underestimated but important aspect is discretion regarding absences. Owners should avoid posting hints about long absences or vacancies on social media, as criminals can use this information strategically.
Real Estate Agent as a Protective Mechanism
Finally, hiring an experienced real estate agent who takes over the rental and management of the property can also act as a preventive measure. Additionally, leaving personal belongings in the property can be interpreted as a sign that it is in use – a circumstance that, according to Spanish jurisprudence, can be considered a breach of the peace and favor a quicker eviction.
Steps and Procedures in Case of Squatting
Despite all preventive measures, there is always a residual risk of squatting. In such a case, quick and structured action is crucial:
- Quick Evidence Collection:
As soon as you notice that your property has been occupied, document the condition immediately. Photograph all areas, take video recordings, and note any irregularities in writing. This evidence is crucial in later court proceedings. - Immediate Reporting and Legal Advice:
Inform the police immediately and file a report. At the same time, consult a lawyer specialized in Spanish property law to secure your legal claims and initiate the next steps. - Initiation of Legal Measures:
Typically, after the police report, a court proceeding follows. Present all collected evidence and describe the situation transparently. Consistent legal pursuit is essential to enforce your claim to your property. - Collaboration with Specialized Service Providers:
Consider working with service providers specialized in the professional eviction of squatters. These experts can speed up the process and help you restore your property to its normal state as quickly as possible.
Squatting in Mallorca poses a serious risk, especially for owners of luxury properties. The combination of complex legal frameworks, the rise in squatting – exacerbated by the COVID-19 pandemic – and the challenges in security technology requires proactive and well-thought-out action. Both preventive measures and consistent action in case of an incident are essential to safeguard the value of your property.
Contact us for personalized advice and tailored security solutions for your property in Mallorca.
