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Buying a home and discovering that it is illegally occupied is one of the main concerns for property owners in Spain. In such cases, the new owner must initiate the procedures to recover possession, unless the seller deliberately concealed the presence of squatters, which could allow the buyer to claim annulment of the contract, compensation, or even file a fraud complaint.
The most common way to evict occupants is through civil eviction proceedings, regulated by the Civil Procedure Act. Its fast-track version, known as “express eviction,” makes it possible to remove both tenants with expired leases —the so-called “inquiokupas”— and individuals who never had permission to live in the property. When no valid title exists, the judge must order eviction immediately, although the occupants’ social vulnerability may delay the process.
Another option is filing a criminal complaint for unlawful occupation, as outlined in Article 245 of the Criminal Code. However, this criminal route is usually slower and more complex, with penalties ranging from fines to up to two years in prison depending on whether or not violence was involved. In any case, experts recommend first attempting an amicable agreement with the occupants to avoid lengthy and costly legal procedures.
Even so, buying an occupied property is legal and can be profitable if the operation is carefully assessed. It requires investigating the condition of the property, the circumstances of the occupation, and accepting that a mortgage cannot be obtained because the property cannot be appraised. It is also common to negotiate compensation directly with the occupants so they leave voluntarily, which can speed up recovery of possession.
The main advantages of purchasing an occupied home are significant price reductions —up to 50–60% below market value— and the potential for good returns after renovation. However, risks include being unable to access the property for months, possible damage caused by occupants, and difficulties in obtaining financing. Once vacated, it is recommended to furnish the home quickly to prevent new occupations.