The first step is to tell apart two situations that the law treats very differently. Which one applies to you decides the route to take and how fast the eviction will be.
Breaking into a dwelling (allanamiento de morada)
This is when someone occupies a home that is somebody's habitual residence: your own, or that of a tenant living in it. It is the more serious offence and allows swift action, including immediate police intervention if the squatters are caught in the act (at the time or within the first hours).
Usurpation
This is when someone occupies a property that is nobody's home: an empty investment flat, commercial premises. A second home that is used from time to time can count as a dwelling, and then it is treated as unlawful entry. Without violence or intimidation it is a minor offence (with violence, a less serious one), and eviction has traditionally been slower, because it almost always means going to court.
The routes to recover the property
Depending on the case, you go down the criminal route or the civil one. The choice depends on how the occupation happened and on the proof of ownership you have.
Criminal complaint
You report the breaking-in or the usurpation. If the squatters are caught in the act, the police can act immediately. If they were not, you can ask for eviction as an interim measure while the case is being heard, something recent reforms have made easier.
Recovery of possession
Through summary eviction proceedings for occupation without title (precario) or the summary protection of possession, which is designed to let the owner recover the property from whoever is occupying it without title. Procedural reforms have given these cases priority and a faster track.
Cutting off the water or electricity, changing the lock or entering by force can leave you facing a charge of coercion or even breaking-and-entering. However frustrating it is, the eviction must always go through legal channels: taking matters into your own hands usually makes your position worse.
How long it takes
There is no fixed timeframe. With the reforms that give priority to these procedures and allow interim evictions, times have shortened, but they are still measured in months, not days. What matters most is the speed of reaction (acting in the first hours, when it is caught in the act, changes everything) and having the documentation proving ownership ready.
Precisely because eviction costs money and time, an occupied flat sells at a steep discount. For the investor who knows how to manage the process, that is an opportunity; for an owner on the receiving end who does not know what to do, it is a problem. What makes the difference is good advice and moving in time.
At Equus Capital we look at each occupation case in Valencia, tell you which route is fastest and handle the whole procedure until you have the property back. We also advise investors who buy occupied assets or bank-repossessed properties. First consultation free and with no obligation.
Frequently asked questions
How long does it take to evict a squatter?
It depends on the type of occupation and the route. If the squatters are caught in the act, the police can act within hours. Where they are established and the case goes to court, it usually takes several months, although recent reforms have shortened the timings by giving these cases priority.
Can I cut off the water or electricity to make the squatter leave?
No. Cutting off utilities, changing the lock or entering by force can make you responsible for a coercion or breaking-and-entering offence. The eviction must always be carried out through legal channels.
Is squatting the same as breaking into a dwelling?
No. Breaking into a dwelling refers to occupying the home that is someone's habitual residence, and it is more serious and faster to act on. Usurpation is occupying an empty property that is nobody's home, and its eviction usually requires going to court.
Can you buy a property that is already occupied?
Yes. They are sold at a discount precisely because of the occupation. It is a legitimate deal for investors who know how to manage the eviction, but you need to check the type of occupation and the likely timings carefully before buying.