If we search Google for ‘anti-squatting alarm’, approximately 30,700 results appear in 0.46 seconds. On the first page, some of the websites that we can visit are from Prosegur, Movistar, Securitas Direct and other pages that are dedicated to comparing prices of these devices, such as Selectra: ‘Anti-squatters alarm: how to throw them out and prices (2022) ‘.
media attention. These types of advertisements are also very common on television or radio, which seems to indicate that security companies have detected a market opportunity: this could be deduced given the number of television and radio talk shows dedicated to squatting. In addition, the insistence of some political parties on this issue suggests that it is a widespread phenomenon in our country. However, the reality regarding the usurpation of real estate and breaking and entering, crimes related to squatting, is different.
The reality of the data. According to the report of actions of the State Attorney General’s Office, in 2021 9,739 legal proceedings were initiated for usurpation of real estate -nine more than in 2020-, with 255 sentences issued for this crime. In addition, the INE only identifies 230 convictions for trespassing. This is a low figure that fits with what is indicated by the report of the Agency for Fundamental Rights of the EU: Spain, in 2021, was one of the countries where the least robberies occurred in homes. However, that same study reveals that we are the second country most concerned about this crime.
Spain: one of the countries with the lowest levels of home invasions, but the second most concerned about them (Source: FRA 2021 Survey). It is sobering about the role of the media and the commercial interests of certain security companies in generating fear without a real basis. pic.twitter.com/9UuwCOHFVm
– Juanjo Medina (@Juan_JoseMedina) October 21, 2022
If we also take into account that, according to the INE, there are more than 25 million homes in Spain, of which 18,754,800 are homes, we see that there is a concern for our security that does not correspond to reality.
What is squatting? It is taking “an uninhabited home or premises and settling in them without the consent of its owner,” according to the RAE. It is an action that the Justice relates mainly to the minor crime of usurpation of real estate, which occurs, according to article 245 of the Penal Code, when someone occupies, without due authorization, a property, home or building belonging to another that does not constitute no one’s abode Therefore, the occupations of spaces whose owners are banks and financial entities, abandoned or under construction, are located in this section. The penalty of a fine can reach a maximum of six months, but if there is violence, the penalty can reach up to two years in prison.
important nuance. The other crime with which squatting is usually linked is breaking and entering. This occurs, according to article 202 of the Penal Code, in the event that a person, without living in it, enters a foreign dwelling and remains “against the will of the inhabitant of it”. If there is intimidation or violence, the penalty can reach four years in prison, but if there is not, the penalty can reach a maximum of two years in prison.
The opinion of the judges. El País asked judge Adolfo Carretero, head magistrate of Madrid’s Investigating Court number 47, about the actions of the justice system regarding squatting, who stated that, in his 27-year professional career, he had not seen any case of occupation of home of an individual, “all are from banks or entities,” he added. In addition, in the event that someone enters a house when its inhabitants are not in it, he explained that, after presentation of the property title by the owner, a precautionary eviction is immediately carried out, which is subsequently followed by the celebration of a trial.
This police and judicial action reveals that Spain has sufficient mechanisms to act in these types of cases, even if they are not frequent. This was confirmed in an interview for Público by Judge Diego Álvarez de Juan, head of the Investigating Court number 3 of Reus, who also claimed to have had a single case of occupation of a private home in ten years. On this he also added that, if someone enters another person’s house, “normally they will do it to steal”, but not to stay and live, because “it does not make sense because they will not be able to, we are going to catch them”.
An underlying social problem. In this sense, Jorge Fernández Vaquero, spokesman for the association of judges Francisco de Vitoria, made it clear that the squatters themselves know the law and look for abandoned or under construction homes to live in. These are desperate people who often end up staying in the squatted space either due to inaction of the owners -mostly banks- or by agreement with them.
real concerns. As Judge Diego Álvarez de Juan says, there are no reasons for social alarm related to ‘squatting’. However, there are issues that deserve numerous television and radio talk shows, such as the increase in homeless people in our country: in 2012 there were 22,900 and in 2022 there are more than 28,500, which represents an increase of almost 25 %, according to the INE.