Spain's New Anti-Squatting Law 2026: Congress Greenlights the Reform — 24-Hour Eviction, IBI Refunds and Tougher Criminal Penalties

Spain's Congress has approved the parliamentary processing of the new Organic Law against squatting: 24-hour express eviction, tougher criminal penalties, refund of IBI and Wealth Tax, stronger powers for homeowners' associations and removal from the municipal register. A practical analysis for property owners, expats and investors on the Costa Blanca.

A reform that changes the rules of the game for property owners

On 25 May 2026, Spain's Congress of Deputies approved the parliamentary processing of the new Organic Law against the squatting of homes (171 votes in favour, 164 against, 11 abstentions). The proposal — driven by the Popular Group and following the organic law procedure — tightens criminal penalties, opens the door to 24-hour eviction, and allows owners to recover taxes such as IBI and Wealth Tax paid while the property was occupied.

For foreign owners with property on the Costa Blanca (Torrevieja, Orihuela Costa, Moraira, Calpe, Jávea, Santa Pola, etc.), this reform is particularly relevant: many British, Dutch, Norwegian and French buyers have suffered squatting incidents during their long absences from Spain. Here is a full point-by-point analysis and what you should do now.

> Status of the law: the text has only passed the first parliamentary reading. It still has to go through the committee amendments stage, return to the plenary and — as an organic law — secure an absolute majority. Until then, it is not yet in force.

1. The illegal occupier loses the reinforced protection of the home

The first major change is conceptual. The reform expressly distinguishes between a legitimate home and illegal occupation: anyone entering a property without valid title does not enjoy the inviolability of the home guaranteed by article 18.2 of the Spanish Constitution.

This allows the authorities to:

  • Require the occupier to leave or produce title within a maximum of 24 hours.
  • Order immediate eviction if no right is proven.
  • In cases of flagrant offence, carry out an automatic eviction without a case-by-case judicial authorisation.

This is the most sensitive change in the text because it directly affects the interpretation of the inviolability of the home in these scenarios.

2. Tougher criminal penalties and focus on organised networks

The text raises the penalties and creates new offences:

| Conduct | Proposed penalty |
|---|---|
| Occupation with violence or intimidation | 1 to 3 years' imprisonment |
| Unauthorised occupation (usurpación) | 6 to 18 months' imprisonment |
| Promoting, facilitating or sharing tools to occupy | 3 months to 1 year imprisonment |