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Criminal Law And Property#illegal occupation#fast-track#breaking and entering#usurpation#eviction#criminal procedure#property rights#LECrim#Article 795

The Fast-Track Reform on Illegal Occupations: An In-Depth Guide for Property Owners

By Abogado Gentile•9 min read

A substantial amendment to the Criminal Procedure Act reshapes Spain’s response to illegal occupation. The reform expressly brings breaking and entering (CC 202) and usurpation (CC 245) under the fast-track procedure (CPA 795), aiming to resolve in days matters that previously stretched for months or years.

Practical changes

Once a complaint is filed and indications of crime are verified, the court must summon a hearing within ≤ 15 days and issue a ruling within ≤ 3 days. The reform also removes the “vulnerability assessment” where there is no title to occupy, eliminating a frequent source of procedural suspensions.

Immediate precautionary eviction

The investigating judge may order immediate eviction before trial upon request if legal requirements and sufficient evidence exist. This measure restores possession quickly where appearance of right and risk of delay are established.

Scope of application

Breaking and entering (primary residence): within the first 48 hours, police may carry out immediate eviction without a court order; after that window, fast-track applies.

Usurpation (non-primary dwellings and other property): second homes, commercial premises, warehouses, and land are always processed via fast-track, with no administrative 48-hour eviction.

Excluded scenario: tenant holdover

Disputes under a valid lease for non-payment or refusal to vacate after termination remain under civil jurisdiction, with longer timelines.

Evidence and execution

  • Step 1: complaint + verified indications.
  • Step 2: hearing ≤ 15 days.
  • Step 3: ruling ≤ 3 days.
  • Precautionary measure: immediate eviction supported by documentation and police reports showing lack of title.

    • Practical limits

    Real-world outcomes depend on judicial capacity and evidentiary strength. Court backlogs and dilatory tactics (e.g., fake documentation) may slow down theoretical timelines. A precise legal classification and robust evidence are decisive.

    Summary

    Bottom line: the reform accelerates illegal-occupation cases, enables pre-trial eviction, and removes the vulnerability study. It applies to breaking and entering and usurpation, not to lease disputes. Success relies on strong evidence and specialized legal handling.

    Conclusion

    Abogado Gentile provides case analysis, seeks precautionary measures where appropriate, and leads the strategy to restore possession quickly. If your property is occupied or you want prevention strategies, contact our firm.