The first thing is to distinguish two situations that the law treats very differently, because both the route to follow and the speed of the eviction depend on it.
Breaking into a dwelling (allanamiento de morada)
It occurs when someone occupies a home that is somebody's habitual residence: your own, or that of a tenant living in it. It is a more serious offence and allows swift action, even with immediate police intervention if the occupation is caught in the act (detected at the moment or within the first hours).
Usurpation
It arises when someone occupies a property that is nobody's home: a second residence, an empty investment flat, a commercial unit. It is a less serious offence and, traditionally, its eviction has been slower because it almost always requires going to court.
The routes to recover the property
Depending on the case, you can opt for the criminal route or the civil one. The choice depends on the circumstances of the occupation and on proof of ownership.
Criminal complaint
You report the breaking-in or the usurpation. If it is caught in the act, the police can act immediately. In non-flagrant occupations, the eviction can be requested as an interim measure while the proceedings are processed, something recent reforms have made easier.
Recovery of possession
Through a verbal eviction trial for unlawful holding (precario) or the summary protection of possession, designed for the owner to recover the property from whoever occupies it without title. Procedural reforms have given priority and faster processing to these trials.
Cutting off the water or electricity, changing the lock or entering by force can turn you into the party responsible for a coercion offence or even breaking-and-entering. However frustrating it may be, the eviction must always be carried out through legal channels: doing it yourself usually worsens your position.
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 has a cost and takes time, an occupied flat sells at a steep discount. For the investor who knows how to manage the process, there is an opportunity there; for whoever suffers it without knowing how to act, a problem. The difference lies in the advice and in acting in time.
At Equus Capital we analyse each occupation case in Valencia, indicate the fastest route and coordinate the entire procedure until the property is recovered. We also advise investors who buy occupied assets or properties awarded by banks. 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. When caught in the act, the police can act within hours. In consolidated occupations that go to court, the process usually takes several months, although recent reforms have shortened the timeframes by giving priority to these procedures.
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 valid operation for investors who know how to manage the eviction, but it requires carefully reviewing the type of occupation and the timeframes before buying.