Squatting can now be reported and resolved immediately thanks to the new Organic Law 1/2025.

Last January, Organic Law 1/2025 on measures to improve the efficiency of the Public Justice Service was passed and came into effect on April 3. This legislation introduces significant new developments in criminal law, particularly concerning offenses related to the illegal occupation of properties.

One of the most noteworthy reforms in this law is the amendment of Article 795 of the Criminal Procedure Act, which governs the circumstances under which the fast-track procedure may be applied. From now on, two more offenses have been added to this preferential route:

• Breaking and entering (Article 202 of the Criminal Code).
  
• Usurpation (Article 245 of the Criminal Code).

This marks a key step forward in the fight against illegal squatting, as it allows for immediate judicial action and enables property owners to recover possession within a matter of days.

Complaint and eviction within a maximum of 15 days

Starting April 3, property owners who discover their properties have been occupied illegally can file a complaint with the relevant authorities, who will then have a maximum of 15 days to resolve the situation. This measure removes the long waiting periods that, until now, could stretch out for years, leaving owners without recourse.

For the procedure to be effective, the owner must provide proof of legitimate ownership, such as:

• Property deeds
• Property tax (IBI) or other tax receipts
• Rental contracts, in the case of leased properties

If the judge finds no legal justification for the occupants to remain, an immediate eviction can be ordered, returning possession of the property to the owner in a very short timeframe.

How does the fast-track procedure work?

Fast-track trials are designed for offenses that are committed flagrantly or where the evidence is clear and straightforward. This procedure allows a case to reach trial within just a few days and, if the accused accepts the penalty proposed by the prosecutor, a final judgment is issued immediately.

Before this recent reform, these offenses were dealt with through the abbreviated procedure, the usual route for less serious crimes, but one that involves a longer process with successive phases of investigation, charging, and oral trial.

With this new regulation, the judicial system becomes more agile and efficient, and property owners finally see their need for protection recognized in cases of unauthorized squatting.