Worried about squatters taking over your Spanish holiday home? Here's what Marbella police actually say, and why it's not the nightmare you've heard about.
If you've been researching property in Spain, you've probably stumbled across horror stories about squatters (known locally as "okupas") who allegedly take over homes and can't be removed for years. These tales circulate endlessly on expat forums and social media, often featuring dramatic claims about police being powerless to help.
As buyer's agents who work with Northern European clients every week, we hear these concerns regularly. And we understand. The idea of purchasing a beautiful Costa del Sol property only to have it occupied while you're back home in Denmark or the Netherlands is genuinely unsettling.
But here's what we tell our clients: the squatter situation in Spain has changed dramatically, and the reality is far less frightening than the myths suggest.
The New Reality: Spain's 2025 Anti-Squatter Law
In April 2025, Spain enacted comprehensive anti-squatter legislation that fundamentally changed the game for property owners. This wasn't a minor tweak. It was a complete overhaul of how Spanish law handles illegal property occupation.
Here's what the new law actually provides:
48-Hour Police Removal
If squatters are detected within 48 hours of entering your property, police can remove them immediately without any court order. No waiting, no lengthy legal proceedings. Just swift action.
This is a significant departure from the old system and addresses the most common fear: that once squatters are inside, you're stuck in legal limbo for years.
Fast-Track Court Proceedings
Even if squatters aren't caught within the 48-hour window, the new law introduces express judicial procedures:
- Courts must hold a hearing within 15 days
- Judges must issue a ruling within 3 days of the hearing
- What previously took 9-10 months (or longer) can now be resolved in weeks
Second Homes Are Protected
Here's something that directly addresses international buyer concerns: Marbella police have explicitly confirmed that the legal definition of a "dwelling" includes second homes, vacation homes, and weekend properties.
This is crucial. Some buyers worry that because they don't live in Spain full-time, their property wouldn't receive the same protections as a primary residence. That's simply not true under current law.
Stricter Penalties
The consequences for squatters have increased significantly:
- Up to 2 years in prison for illegal occupation (usurpación)
- Up to 4 years if violence or threats are involved
Squatters can no longer claim "social vulnerability" to delay eviction proceedings, and they cannot claim tenancy rights without legitimate documentation.
The Costa del Sol Reality
Beyond the legal framework, it's worth understanding where squatter incidents actually occur, and where they don't.
The honest truth: squatters are rare on the Costa del Sol.
The problem concentrates in specific regions, particularly parts of Barcelona and Madrid. Gated communities and well-maintained urbanizations in areas like Marbella, Estepona, and Mijas see far fewer incidents.
Why? Squatters typically target:
- Abandoned or dilapidated properties
- Bank-owned homes that have been neglected for years
- Properties that are clearly unoccupied and unmaintained
A well-maintained, regularly visited, and securely managed property in a desirable Costa del Sol neighbourhood simply isn't an attractive target. These aren't opportunistic occupiers looking for a beachfront villa. They're seeking properties where no one will notice or care.
What Smart Buyers Actually Do
Rather than worrying about worst-case scenarios, our clients focus on practical prevention. Here's what we recommend:
1. Choose Your Location Wisely
Gated communities and urbanizations with active community management offer an additional layer of security. Neighbours notice when something's off, and community presidents can quickly confirm occupancy status to police if needed.
2. Don't Leave Properties Visibly Abandoned
If you're purchasing a holiday home you'll visit periodically:
- Arrange for regular property checks
- Consider a property management service
- Maintain the garden and exterior
- Keep utilities connected and active
The goal is simple: make it obvious the property is cared for and monitored.
3. Install an Alarm System
A monitored alarm system serves multiple purposes. Beyond the obvious security benefits, it creates an immediate record of any unauthorized entry, which can be crucial for that 48-hour police intervention window.
4. Know Your Neighbours
Building relationships with neighbours isn't just pleasant. It's practical. A trusted neighbour who can confirm to police that your property was empty can be the key to swift, on-the-spot eviction if an incident ever occurs.
5. Keep Documentation Ready
Have your property documentation organized and accessible:
- Title deeds proving ownership
- Utility bills in your name
- Any evidence showing the property as your dwelling
If you ever need to act quickly, having paperwork in order makes everything smoother.
The Expert Perspective
We've helped dozens of Northern European buyers purchase properties on the Costa del Sol, and not one has experienced a squatter incident. That's not luck. It's a combination of smart property selection, proper security measures, and understanding the actual risk landscape.
The clients who sleep soundly at night aren't the ones who ignored the issue. They're the ones who:
- Researched the facts rather than relying on social media horror stories
- Chose properties in well-managed communities
- Implemented basic security and maintenance protocols
- Connected with trusted local professionals who understand the legal landscape
Working With the Right Team
Part of our role as buyer's agents is helping clients navigate concerns like this. When you work with Konrad Real Estate, you benefit from:
- Local expertise: We live here. We know which areas have active communities and which properties might be higher risk.
- Legal network: Our trusted lawyer partners, including Pablo Concha, can provide proper legal advice on property protection and your rights as an owner.
- Property management connections: For clients who won't be in Spain full-time, we can connect you with reliable property management services.
The squatter question is just one of many that international buyers have, and it's exactly the kind of concern where working with experienced local professionals makes all the difference.
The Bottom Line
Should you be aware of squatters when buying property in Spain? Yes. Awareness is always smart.
Should you lose sleep over it? No. The legal framework now firmly protects property owners, enforcement is swift, and the actual risk on the Costa del Sol is low.
Smart buyers don't ignore risks. They understand them, prepare appropriately, and then get on with enjoying their Mediterranean dream.
If you're considering a property purchase on the Costa del Sol and want to discuss this or any other concern, contact our team. We're here to provide the expert guidance that helps you buy with confidence.
Konrad Real Estate is a dedicated buyer's agent serving the Costa del Sol. We work primarily for you as the buyer, providing smart advice, insider knowledge, and complete transaction support.
