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Okupas in Mallorca: Protection Against Squatters and Legal Eviction 2025/26

You return to your finca or apartment on Mallorca after an extended stay in Germany – only to find strangers living there. This scenario is no media myth: in 2024 alone, 16,426 cases of illegal squatting were recorded across Spain, an increase of 7.4 per cent on the previous year. For Mallorca property owners, the topic ofOkupas-Mallorca-Schutzis therefore very much a live issue. This guide explains the new legal position under the Ley Orgánica 1/2025, the crucial 48-hour rule, the precise eviction process, concrete preventive measures, and the most common mistakes – so that you don't lose a single moment when it matters.

Squatters on Mallorca: Protection & Eviction 2025/26

Do you suspect your property has been occupied, or do you want to protect yourself legally before it comes to that?

What are Okupas – and why is Mallorca affected?

The term "Okupa" derives from the Spanish verb ocupar (to occupy) and refers to people who forcibly enter someone else's property without any legal right to do so. The roots of the problem lie in the Spanish financial crisis of 2008–2014: more than 600,000 foreclosures left hundreds of thousands of properties standing empty. What began as social hardship has in part evolved into an organised business model.

Well-organised groups deliberately scout out properties that appear to have been unoccupied for an extended period – and that is precisely the core problem for Mallorca property owners from German-speaking countries: many use their property only seasonally or as a second home and are not on site for several months of the year. Some squatter networks subsequently demand money for a "voluntary" clearance, or even illegally sublet the occupied property.

According to available data, the properties most commonly affected are vacant bank-owned assets and holiday properties in quieter locations outside the peak season. The Balearic Islands saw disproportionately sharp increases for a time: between January and September 2021, the number of recorded occupations in the Balearen rose by 73.9 per cent to 407 cases – well above the nationwide increase of 18 per cent over the same period.

The critical 48-hour threshold

Spanish law draws a fundamental distinction that you need to understand:

Situation Legal classification Police authority
Occupation provably within the last 48 hours Delito flagrante (caught in the act) Immediate eviction possible without a judge
Occupation established for more than 48 hours Usurpación (squatting) A court order is required

The reasoning behind this: Spanish law affords extremely strong protection to the morada – the domestic privacy of an occupied dwelling. Once squatters have established a property as their de facto "home", they enjoy a degree of protected status that can only be overridden through the courts. If you miss the 48-hour window, you are dependent on the formal legal process.

Warning: This 48-hour window applies from the moment of occupation – not from the moment you find out about it. The sooner you are informed, the better. Neighbours, a property manager, or an alarm system can make all the difference here.

The Ley Orgánica 1/2025: What the New Law Actually Changes

In April 2025, the Ley Orgánica 1/2025 came into force – commonly known as the Anti-Okupa Law. A key reform lies in the amendment of Article 795 of the Spanish Code of Criminal Procedure: certain cases of trespass and illegal occupation can now be heard through an expedited procedure (juicio rápido).

Comparison: squatting law before and after Ley Orgánica 1/2025 – length of proceedings, police powers, eviction

What Has Specifically Changed

Feature Before the Reform After Ley Orgánica 1/2025
Typical Duration of Proceedings Up to 2 years From 15 days possible
Police Authority with Clear Proof of Ownership Judicial authorisation required Direct intervention possible
Enforcement of Eviction Often months after ruling Expedited, typically within days of the order
Occupiers' "Vulnerability" Defence Argument Could significantly delay proceedings Considerably restricted in criminal Okupa cases
Penalties for Gangs and Repeat Offenders Moderate penalties Significantly increased

Please note: The expedited procedure expressly does not apply to tenancy disputes – that is, to tenants who remain in a property despite an expired contract or rent arrears. These cases continue to fall under civil law and proceed via the juicio verbal or juicio ordinario.

Where the Reform Reaches Its Limits

The reality is more nuanced: in smaller judicial districts of Mallorca with clear evidence, evictions have reportedly been carried out within two to three weeks. In heavily burdened courts — such as in the province of Alicante or in Barcelona — a Madrid district judge described the 15-day deadline as unrealistic. The chronic shortage of staff in the Spanish judiciary also hampers the accelerated procedure: when the serving of court documents is backlogged by months, faster deadlines are of little help.

Criminal Law vs. Civil Law: Which Procedure Is the Right One?

One of the most common misconceptions among affected owners is the confusion between the two legal routes.

Criterion Criminal proceedings (vía penal) Civil proceedings (vía civil)
Applicable case Illegal break-in, no legal relationship with the occupier Tenancy dispute, expired contract, arrears
Legal basis Art. 202 and 245 of the Penal Code LAU (Tenancy Act), LEC (Code of Civil Procedure)
Relevant offence Trespass (allanamiento de morada) / Usurpación Desahucio (eviction proceedings)
Typical duration after the reform Weeks to a few months Months to over a year
Initiation Criminal complaint (denuncia) with the police or public prosecutor Claim filed with the competent civil court

Once someone has moved in legally (as a tenant) and now refuses to leave, filing a criminal complaint is of little use. In that case, desahucio is the correct route – and that goes through the civil court, separate from the new fast-track procedure.

Step by step: what to do in an emergency

If you discover, or have reasonable grounds to suspect, that your property is being occupied, the next few hours are critical.

Emergency procedure for property squatting on Mallorca: 6 steps from calling the police to enforcement of eviction
  1. Call the local police (Policía Local) or Guardia Civil immediately – phone 112 (emergency) or 062 (Guardia Civil). Describe the situation clearly as a possible case of unlawful entry.
  2. Have your Nota Simple to hand – Without an up-to-date land registry extract (Nota Simple), the police will often not take a complaint seriously. Ideally, have this document saved digitally on your smartphone. You can retrieve the Nota Simple online from the Registro de la Propiedad.
  3. File a criminal complaint ( (denuncia) – either at the police station or directly at the court (Juzgado de Instrucción). The complaint forms the basis for the fast-track procedure.
  4. Engage a solicitor – A property law specialist (abogado) in Palma will know the competent court and can actively help to speed up the proceedings. Do not attempt to handle the process without legal assistance.
  5. Gather evidence – photographs, witness statements, camera footage, communication records. The clearer your proof of ownership and the evidence of illegal entry, the faster the judge can issue the order.
  6. Do NOT cut off utilities – Do not turn off either electricity or water. In Spain this constitutes a criminal offence (delito de coacciones) and can turn the proceedings against you.
  7. Await the court hearing and eviction order – Under the fast-track procedure the order can come within weeks; under ordinary proceedings, months is a realistic expectation.
  8. Enforcement of the eviction – The court bailiff carries out the enforcement accompanied by the police. You have no right to open the door yourself.

Warning – Taking the law into your own hands is a criminal offence: Changing the locks, cutting off water or electricity, or intimidating squatters into leaving – all of this can result in a delito de coacciones being brought against you. Hiring private 'eviction service providers' who operate through intimidation is also legally risky. Stick strictly to the legal route.

Prevention: How to protect your Mallorca property

Protection starts long before a squatting incident occurs. The following measures significantly reduce the risk – and, in an emergency, speed up the legal process.

Technical security measures

Measure Effect Cost (guideline)
Certified security lock (Class 4+) Makes break-ins considerably more difficult 200–600 €
Alarm system with remote monitoring Immediate notification upon unauthorised entry from approx. 30 €/month for monitoring
Exterior cameras (CCTV) Evidence gathering, deterrent effect 300–1.000 € installation
Security grilles / lockable roller shutters Physical barrier variable depending on number of windows
Motion-activated lighting Deterrent at night 50–200 €

Organisational measures

  • Appoint a property manager: A local manager (administrador de fincas) or a trusted person on the ground can carry out regular checks and act immediately in an emergency.
  • Involve your neighbours: Ask immediate neighbours explicitly to report any suspicious activity. Give them your mobile number and that of the local solicitor.
  • Keeping the property 'lived-in': Regular light changes (timer switches), a well-maintained exterior, no obvious signs of vacancy.
  • Keeping the Nota Simple and escritura available digitally: Upload your ownership documents to a cloud storage that you and your solicitor can access at any time.
  • Contents insurance with okupa cover: Some insurance products in Spain now offer specific cover for costs associated with squatting, such as legal fees and repairs following an eviction. Find out more in our guide to contents insurance in Spain.

Okupa protection insurance: what the market offers

In Spain, there are now specialist add-on clauses and standalone products designed to protect owners against costs arising from squatting. As this market is evolving rapidly, you should enquire about specific terms and conditions directly with providers. Typical cover components of such products include:

  • Coverage of legal and court costs in eviction proceedings
  • Loss-of-rent compensation for the duration of the occupation
  • Coverage of lock replacement and damage repair costs following eviction

Please note: Read the small print carefully. Many policies exclude certain property types (such as purely holiday properties without permanent residence status) or occupations that already existed prior to the policy being taken out.

The most common mistakes made by property owners

Experienced solicitors in Mallorca encounter these mistakes time and again – and every single one can delay your proceedings by weeks or months.

Mistake Consequence
Entering the property yourself and confronting the squatters You may face a criminal complaint; the evidential situation deteriorates
Cutting off electricity or water Delito de coacciones, which can be interpreted in favour of the squatters
Not having a current Nota Simple to hand The police cannot effectively record the complaint
Waiting too long before taking action The 48-hour window is missed, making proceedings considerably more complicated
Civil proceedings instead of criminal proceedings in a genuine okupa case Incorrect legal basis, unnecessary delay
Forgoing legal advice and trying to handle everything yourself Procedural errors delay or jeopardise the process
'Negotiating' with squatters without a solicitor Payments to squatters can create legal problems
Not inspecting the property regularly Occupation goes unnoticed for weeks; the 48-hour window is effectively unusable

What to check when buying: occupied properties and due diligence

Anyone buying a property on Mallorca should check before the notary appointment that the property is unencumbered and actually vacant. An ongoing occupation is usually visible — but not always. Instruct a local solicitor to carry out full due diligence, including a physical inspection and an up-to-date land registry check .

During the purchase process, bear in mind: a notarially certified proof of ownership (Escritura Pública) is your most important weapon in an emergency. Anyone familiar with the correct procedure for buying property will avoid gaps in the documentation from the outset.

Note: If you purchase a property that is already occupied, you do not generally step into an ongoing legal process automatically. This must be explicitly regulated — have your solicitor secure this in the purchase contract.

Checklist: okupa protection for Mallorca property owners

  • Current Nota Simple saved digitally and accessible to your solicitor
  • Class 4+ security lock fitted
  • Alarm system with remote notification active
  • A trusted person or property management company appointed on the ground
  • Neighbours provided with your contact details
  • Contact established with a property law solicitor in Palma (before it becomes necessary)
  • Insurance policy checked for an okupa clause
  • Escritura and all purchase documents securely archived
  • Property appears occupied from the outside (timer switches, well-kept garden)
  • Course of action in an emergency noted in writing (phone numbers 112 / 062, solicitor, property management)

What comes next? Remediation and tax implications

After a successful eviction, a further problem often awaits: squatters sometimes leave properties in poor condition. Repair costs, new locks, and occasionally even structural damage need to be addressed.

For rented properties, the period of occupation may represent a loss of rental income that could be relevant for tax purposes. Discuss with your tax adviser whether and how you can claim the relevant costs. If the property is to be let again afterwards, read our guide on Long-term rental on Mallorca through – he also explains how you can draw up a legally sound tenancy agreement that minimises later eviction problems.

Anyone planning renovation work after the eviction should also keep the building permit requirements on Mallorca in mind.

Conclusion: Prevention is better than eviction

The new anti-squatting law (Ley Orgánica 1/2025) is a genuine step forward: fast-track proceedings from 15 days, stronger police powers, and harsher penalties for organised squatter networks make Spain one of Europe's stricter countries when it comes to squatting. But – and this is crucial – the law only works if you act immediately and have the right documents to hand.

The 48-hour rule remains the most important deadline. Those who use it can often end an occupation within days. Those who miss it are stuck in proceedings that, in overburdened courts, can still take several months even in 2025/26. Prevention – a good alarm system, a trusted contact on the ground, the current Nota Simple on your smartphone – is therefore not a nice-to-have, but the smartest investment for anyone who does not permanently reside in their Mallorca property.

📩 Contact a property law solicitor on Mallorca

Official sources

What is the difference between an okupa and a defaulting tenant?
An okupa breaks into a property with no legal basis whatsoever — this is a criminal offence (Art. 202/245 of the Penal Code). A defaulting tenant originally had a legal tenancy agreement. They are governed by civil law through the eviction procedure *desahucio*, which runs separately from the new fast-track procedure.
Can the police remove squatters immediately?
Yes — but only if the occupation can be proven to have taken place within the last 48 hours (*delito flagrante*). In that case, the police may act without a court order. After that point, a judicial order is required.
How long does an eviction take under the new law?
In the best-case scenario — clear evidence and an uncongested court — two to three weeks is realistic. In heavily burdened courts, even the fast-track procedure can take several months.
Am I allowed as the owner to cut off the water or electricity?
No. Cutting off utility supplies is considered a *Delito de coacciones* in Spain and can result in a criminal complaint being filed against you. Contact the police and a solicitor exclusively.
What documents do I need to file a criminal complaint?
At minimum, a current Nota Simple (Land Registry extract) proving your ownership. Photos, witness statements, and the escritura (notarised purchase contract) are also helpful. Without a Nota Simple, the police will often not take a complaint seriously.
Does household contents insurance protect me against okupa damage?
Some Spanish insurance products offer clauses covering legal costs, loss of rental income, and repair costs following an occupation. This must be explicitly agreed — standard policies generally do not cover okupa damage.
Does the new fast-track procedure also apply to bank-owned properties?
Under previous legal practice, bank-owned properties were excluded from the express eviction process, as the left-wing government considered them less worthy of protection. Whether the Ley Orgánica 1/2025 brings full equalisation in this regard should be clarified on a case-by-case basis with a solicitor.
How do I find out whether a property I want to buy is occupied?
Before purchasing, instruct a solicitor to carry out a physical inspection and a current Land Registry check (Nota Simple). Visit the property yourself at different times of day. An ongoing occupation often reveals itself through changes to the lock, laundry, rubbish, or signs of inhabited rooms.