During the summer months, there are many owners who find themselves with the uncomfortable surprise of arriving at their second residence and seeing that it is occupied, or even those who, upon returning from the summer holidays, find their habitual residence in a similar situation.
The problem of occupation is something common in our country and that is why it is important to be informed about how to act as the owner of an occupied house, because acting outside the legal channels has criminal consequences for the owner, who can even face penalties of prison.
We explain what you should take into account as an owner who finds yourself involved in this unpleasant situation when you find your home occupied.
Illegal occupation: Habitual residence or second residence
As explained in article 202.1 of the Penal Code, "the individual who, without living in it, enters another's dwelling or remains in it against the will of its inhabitant, will be punished with a prison sentence of six months to two years " .
The fundamental difference between occupation and search for the Supreme Court is that the entry is made to a house that constitutes a dwelling, This means that it is furnished and with the services and supplies registered, which reveals that this dwelling is being used by its owner.
The asset protected in the search is privacy and the right to housing, while in the occupation the property is protected.
Illegal occupation of a home. How to recover it?
There are two ways to claim your home: civil and criminal. The difference between the two is that in civil proceedings you are going to claim possession of the property and compensation for the damages caused, while, in criminal proceedings, you will also request that the corresponding penalty be imposed on the perpetrator.
If you decide to go through criminal proceedings, the moment you become aware that the home has been occupied, you will have to immediately inform the State Security Forces and Bodies, so that they can identify the people who have accessed the interior. Of the same. Next, it will be necessary to file a complaint, either with the National Police or with the Civil Guard, or with the Guard Court, and wait for the legal procedures to recover the property.
It is significant to bear in mind that since the home is recognized as inviolable, no one, including the police, can enter it without a court order or without the authorization of its legitimate owner. Only if they are aware that a crime is taking place, or has just been committed, can the police enter the home and evict the occupants, without a court order.
In civil proceedings you can claim the protection of property rights, asking the judge to declare the eviction and agree to the release of the occupants of the property, who remain in it without having any legal title that justifies that illegal occupation.
enter the house with force
The question of every owner is if he can enter his home, even if he is using force, to recover the property and the answer is no. In a rule of law, when faced with the illegal occupation of a home, we cannot take justice on our own and change the lock, throw out the squatters by force or even access the interior of the home and empty it by removing the objects. These actions may have consequences for the owners, who may be involved in criminal proceedings for a crime of trespassing, because article 18.2 of the Spanish Constitution states that any home is inviolable.
If you want to recover your home, call us.
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