Squatters in Spain – how to protect your real investment in Costa del Sol?

Intro

For some, buying a house in Spain is a life-long dream come true of moving to a sunnier part of the continent. For others, it’s purely an investment – or a bit of both.

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As someone who lives in Costa del Sol myself, I believe it’s one of the best real estate decisions you can make if you’re thinking of buying a house or apartment abroad. But I feel that I must also address the elephant in the room – the highly-publicised case of squatters in Spain. 

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Some real estate agencies decide to sweep this topic under the rug, pretending that it’s virtually non-existent. The reality is that some parts of the country, particularly Catalunya and Costa Blanca, have been seeing illegal occupants take over homes since the pandemic broke out.

And while there are some incidents in Andalucia, due to the specificity of the Costa del Sol region (including plenty of residents all year long), it doesn’t need to be your worry if you buy your property here. But first, let’s clarify who squatters, known in Spain as ‘okupas’, are.

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Squatters in Spain – what are ‘okupas’? 

A squatter is someone who illegally lives in an unoccupied or abandoned property. This means they neither own nor rent the real estate but reside in it without the owner's permission. The ‘okupas’ phenomenon became more prevalent during the COVID-19 pandemic. Due to the ban on cross-country travel that lasted for months, many foreigners with apartments in Spain were unable to visit them, leaving these properties unattended. Illegal residents took advantage of this situation and began occupying vacant homes.  

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This brings us to the next important question…

What type of properties are most likely to get taken over by okupas? 

Before I answer this question, a quick note on the type of criminal offences these types of ‘unwelcome guests’ can commit according to law. There are two categories of crimes – the first one, known as allanamiento de morada, is when someone starts occupying a house that you actually live in (vs rent out or visit sporadically). 

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In simple terms, you either reside there a part of or all year round and have proof that you’re there regularly. Picture visiting family back in Poland or elsewhere in Europe for a week and finding someone squatting at your home upon your return.

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This type of offence is pretty straightforward and qualifies for immediate eviction by authorities. 

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It’s the second type of crime, known as usurpación de inmueble, which is more common. The good news is that, if you’re not planning on leaving your flat or house unattended for long periods of time, it’s not very likely to happen. It’s when a house is empty for many weeks or months that it becomes trickier to remove them, because authorities might qualify the crime as squatting on a non-residence property. 

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What many of the click-worthy articles that go along the lines of “Squatters in Spain took over an apartment in [city in Spain]” don’t tell you is that very frequently occupied apartments and homes are either:

• Poor quality properties – or even abandoned ones in remote locations. These might be inherited homes, which the family doesn’t deem worthy of investing in due to lack of infrastructure or the building’s condition
• Apartments and homes owned by companies, as part of large-scale real estate investment in Spain 
• Real estate taken over by banks from owners who weren’t able to pay off their mortgages.

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These properties tend to stay empty for months, which is when illegal residents can move in.

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The thing worth knowing is that okupas in Spain are often organised and well-informed – they keep an eye out for places that are left empty for a long time, and tend to choose these over homes and holiday villas that get regular visits. Ultimately, it’s in their interest to avoid conflict with the owners for as long as possible.

How to protect your real estate investment in Spain from illegal residents

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Invest in the right neighbourhood

I can’t emphasise strongly enough how important it is to buy your property in the right location. There are plenty of options to choose from when looking at homes and apartments for sale in Spain. Holiday properties that foreigners buy are usually located in gated communities with dedicated security personnel. This significantly reduces the probability of unwanted residents moving it. So before you decide to buy, research the city and the neighbourhood. 

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Marbella for example is known for its high-end properties and secure gated communities, especially neighbourhoods like Sierra Blanca, Nagüeles, and Los Monteros, which attract affluent residents and are particularly safe. There is also a strong police presence. So if I were asked, 'Is Marbella safe?' I would answer without hesitation: yes!

Work with a proven broker

I’ve already said that when it comes to Costa del Sol, you have many properties and locations to choose from – which can be equally exciting and overwhelming. That’s why it’s best to work with a local broker who knows the property market like the back of their hand. 

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Not only will they be able to pick a property that ideally matches your needs but also advise you on the best neighbourhoods where you’ll feel safe. They know which areas might be more prone to okupas and should be avoided. 

As a resident of Marbella myself, I can share insights from a local perspective, not just as a real estate agent. At Hometailor, we have access to some of the most luxurious properties on the Costa del Sol. We also offer legal advice and would be happy to guide you through the buying process.

Rent your property when you are away

If you treat your real estate in Spain as a summer house only, then it’s best to rent it out when you’re away. This approach has two main benefits: it gives you an extra revenue source and discourages squatters from targeting your property. 

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And if you’re worried it might be too difficult to manage the rental when you’re not around, you can easily resolve this problem by working with a reputable real estate agency. Not only will they make sure your apartment has tenants regularly, but also take care of security and maintenance. Squatters in Spain tend to pick properties which appear abandoned; the more often someone visits your property, the lower the chance that unwanted residents will move in. 

Contact your neighbours

Having a good relationship with neighbours is important no matter where you live. And it’s not just because it’s simply nice to be around people you like. It’s also key for keeping your real investment in Spain free from okupas. You can ask your neighbours to watch your house when you’re not around and inform you if something suspicious happens. They could even alert local authorities if there’s a serious incident, for example, someone breaks into your apartment. Just make sure to be a good neighbour yourself—it's always nice to give back to the community, and it will benefit everyone’s security and peace of mind. 

Take care of security doors, cameras, and alarm systems  

I’m guessing that, at this point, I don’t have to convince you that a frail pair of wooden doors won’t do for your house in Spain, right? Invest in alarm systems and surveillance cameras, as well as window alarms and high-quality doors. These are the first things that illegal residents scan the property for before attempting to take it over. 

What if you have to go away for a while? You can mimic your presence by using smart home tech, and switch lights on/off during the evenings, or by using video doorbells. If someone walks onto your property, you’ll be able to speak to them through a speaker. If they’re there to take over your home, they’ll likely abort from their plan.

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Even if you don’t have an actual security system in place, then at least install replicas of cameras, photo sensor-activated lights, or place stickers from surveillance companies on your door. Even such a small thing could discourage potential illegal residents from entering your property.

Don’t post photos of your real estate on social media  

If your real estate investment in Spain is for your use only, avoid posting pictures or videos of it online. The more you post online, the more information you give to potential squatters as to your current whereabouts. 

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Of course, if you’re renting the place out, you’ll need to have some pictures online – either on social media or platforms like Airbnb. In such a scenario, I strongly recommend working with an estate manager instead of installing an “intelligent” key locker for check in and check out. The company you’ll work with will feel responsible for keeping your place safe from okupas.

Maintain the property regularly

Here’s a tip for those of you looking to buy a standalone house – cooperate with a gardener and a pool cleaning company, if applicable. When you keep your premises clean and well kept, it signals that:

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a.) you most probably live there – or rent it out frequently, and

b.) even if you don’t reside there, there’s a team of workers who are present at least every week or so. 

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Nothing screams “unoccupied property” from a distance as strongly as an overgrown lawn.

Squatters in Spain don’t have to be your problem

Okupas in Spain are a hot topic these days, so it’s perfectly understandable that you’re worried it might affect your property if you decide to buy one. However, you can minimise the risk by working with a reputable real estate agency. The apartments and homes that we offer at Hometailor are safe from unwanted residents – they’re luxurious and located in gated communities. Additionally, Costa del Sol is a safe area with many new developments. With so many tourists visiting each year, it’s rare to find a property that isn’t occupied, making it an unattractive location for squatters. 

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Okupas are only one issue you should be aware of, here are a few others worth knowing about while buying real estate in Costa del Sol.