• Fast-Track Trials: The reform introduces expedited legal proceedings for cases of unlawful entry and property usurpation. These cases will now be handled through “fast-track trials,” potentially leading to resolutions within 15 days, a significant reduction from the previous average of several months or even years.
• Immediate Legal Actions: Upon filing a lawsuit, property owners can expect the court to issue a decree of admission within approximately one month. If immediate possession is requested, occupants are required to provide proof of their right to occupy the property within five days. Failure to do so results in a court-ordered eviction.
• Enhanced Police Intervention: The reform clarifies the concept of “in flagrante delicto,” allowing for more efficient police intervention within the first 48 hours of an illegal occupation. This change enables law enforcement to act promptly in removing illegal occupants during this critical period.
While the reform focuses on protecting property rights, concerns have been raised regarding its impact on vulnerable populations, including families with children. The law stipulates that social services will assess situations involving minors, potentially influencing the eviction process to ensure the protection of children’s welfare.
The reform is pending ratification by the Senate and subsequent publication in the Official State Gazette (BOE) before it becomes enforceable. Once in effect, it will mark a significant shift in Spain’s approach to handling illegal property occupations, balancing the rights of property owners with social considerations.
Buy a new build and recover 100% of the VAT by registering the property for a VAT-eligible rental or business activity for 10 years.
When retired advertising and marketing executives Gill and her husband John from the northwest of England reached the conclusion it was time to sell their holiday home in Dehesa de Campoamor (Alicante), they decided to act on a recommendation from their solicitor and check out HomeEspaña.
If you are considering selling your property in Spain, it is important to be aware of the latest changes to Energy Performance Certificate (EPC) regulations.
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