EXPATS have long lived in fear of ‘okupas‘ taking over their holiday homes while they are back in the UK.
Horror stories of homeowners being locked out of their own properties for years have made the rounds on social media, often fuelling the myth that police are powerless to act after 48 hours.
But now, Policia Local in Marbella have issued a strict clarification to reassure homeowners that swift evictions are possible – provided you have your paperwork in order.
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In a new video, an officer explained that the key lies in whether the property constitutes a ‘dwelling’ (morada).
Crucially for expats, the officer confirmed that this definition includes ‘second homes, vacation homes and weekend homes’.
He said: “The penal gravity – and therefore the police action – is very different depending on whether the occupied property constitutes the owner’s dwelling or not.”
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If a squatter enters a property classified as a dwelling, the crime is treated as ‘breaking and entering’ (allanamiento de morada).
According to Policia Local, this is a serious offence which allows for ‘immediate intervention by the police’.
However, for officers to storm in and remove the intruders, the owner must act quickly and correctly.
The police advised that the homeowner must file a report (denuncia) at the station personally.
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You must bring ‘documents, proof or testimony’ that proves you are the owner and that the property is your private dwelling – even if you only use it for holidays.
This contrasts with ‘usurpation’ (usurpación), a lesser crime which applies to empty properties that are not used as dwellings, such as abandoned buildings or bank repossessions.
In these cases, if there is no violence, officers cannot evict immediately and a slower legal process applies.
The officer also issued a stark warning to landlords regarding tenants who stop paying rent.
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He clarified that a non-paying tenant is a civil matter, not a police one, and officers are powerless to intervene without a court order.
He added: “In this case, it would be a civil procedure and would exclude immediate police intervention.”
Residents with doubts can contact Policia Local directly at prevencion.policia@marbella.es.
Click here to read more Marbella News from The Olive Press.