In a significant shift in the legal handling of property occupation in Spain, judges in Catalonia have established that property owners can cut off basic utility supplies—such as water, electricity, and gas—without facing criminal charges for coercion.

This decision follows two meetings on March 7, 2024, and November 22, 2024, in which the magistrates of the Barcelona and Girona Audiences unified their criteria regarding property rights and illegal occupation.

The average time to legally evict an illegal occupant in Spain is currently around twelve months, according to the General Council of the Judiciary (CGPJ) statistics for 2023. This period can extend to approximately 23.2 months when appeals are considered.

The new judicial interpretation aims to provide property owners with more direct recourse against illegal occupation.

Under the judgements, failure by the rightful property owner to maintain active utility services will not be regarded as an act of coercion.

Additionally, for cases of misdemeanour usurpation where the identity of the occupants is unknown, the police must attempt to identify these individuals before any provisional dismissal of the case is possible.

Only if they are unsuccessful will the case be stopped.

Reflecting on the implications of this legal clarification, representatives from the property sector have expressed optimism that this unified approach could be replicated across Spain.

Legal experts suggest that other judicial boards might follow suit, or the matter could be escalated to the Supreme Court, leading to a nationwide standardization of judicial interpretation concerning property rights and illegal occupation.

Fernando Portillo, a spokesperson for the Independent Judicial Forum, emphasized the importance of this clarity, noting that previously, different judges might interpret similar cases in various ways.

The new criteria adopted in Barcelona provide property owners with more tools to combat the issues related to illegal occupation, which include both usurpation and non-payment of rent, commonly known as 'inquiocupación'.

Sergio Oliva, spokesperson for the Francisco de Vitoria Judicial Association, highlighted the likelihood that the Supreme Court would ultimately provide a definitive ruling affecting all judges in Spain.

He described the decisions as both interesting and beneficial, particularly the requirement for police to attempt identification of occupants before any case can be dismissed.

The Girona judges not only echoed the new interpretation regarding utility supply cut-offs but also granted permission for immediate eviction proceedings without prior judicial consent if police action occurs within 24 hours of a reported occupation.

This facilitated the recent actions of the Mossos d'Esquadra, the Catalan police force, when handling a case involving the imam of Salt who attempted to reoccupy a previously vacated apartment.

The latest agreements aim to accelerate judicial efficiency and improve response times to illegal occupation cases.

Judges recommend that proceedings for misdemeanour usurpation be handled through immediate procedures, emphasizing the importance of police identification and citation of reported occupiers.

The aim is to streamline processes for what has become a complex and challenging legal landscape.

According to a CGPJ report, the total number of evictions carried out in 2024 reached 27,564, a 3.4% increase from the previous year.

Of these, 74.6% were due to issues arising under the Urban Leasing Law, while 18.4% resulted from mortgage executions.

Evictions related to rental payment failures saw a year-on-year increase of 4.5%, while those linked to mortgage executions showed a decrease of 3.6%.

Regionally, Catalonia recorded the highest number of evictions with 7,381, comprising 26.8% of the national total, followed by Andalusia and Valencia.