It is the number-one fear of many second-home owners, so let us start with the facts. Since 3 April 2025, Spain’s so-called "anti-squatting" reform (Organic Law 1/2025) has moved the offences of breaking into a dwelling and unlawful occupation into the fast-track trial system: the court hearing and, where applicable, the eviction order can now arrive in around 15 days, compared with the months — or years — it used to take. If the occupant cannot produce a valid contract or authorisation, the procedure moves straight towards eviction.

Provincial data puts the problem in its real dimension. Alicante ranks fourth in Spain for squatted homes offered for sale (around 1,400 in late 2025), yet that is barely 1.4% of all homes on the market — half the national average. New occupation lawsuits actually fell 51% in the first half of 2025 (70 cases in the whole province). In short: the risk is real, above all for empty and unwatched properties, but far from the alarmist headlines.

Prevention remains the best defence, and the rules are simple: make sure the home never looks empty (mail collected, someone visiting regularly), keep locks in good condition and, for second homes closed for months at a time, install a monitored alarm — the response within the first 48 hours, while the break-in is flagrant, is by far the fastest route. If a property is going to sit empty for long periods, letting it properly or selling it usually beats leaving it idle and exposed.

Squatting, non-paying tenants and break-ins: not the same thing

  • Breaking into a dwelling (allanamiento): someone enters your main or second home. It is the most protected scenario and the one the LO 1/2025 fast-track resolves in around 15 days.
  • Unlawful occupation (usurpación): an empty property that is not a dwelling gets occupied. It also goes through the fast-track if the occupant cannot show a valid title.
  • Non-paying tenant ("inquiokupa"): a tenant who stops paying and refuses to leave. This is not criminal squatting: it follows the civil eviction route for non-payment, with different timelines.

What to do (and what never to do) if your home is occupied

  1. Call the police straight away: within the first 48 hours, while the break-in is flagrant, removal is fastest.
  2. Gather your proof of ownership (title deed, land-registry extract, bills) and file a report.
  3. Do not cut off water or electricity or change the lock yourself: it can amount to a criminal offence of coercion and turn against you.
  4. Do not pay or negotiate anything without a written agreement reviewed by a professional.

One final point few owners know: a squatted property can also be sold — there is a growing market of investors who buy them at a discount — and under the 2025 law the path to recovering it before selling is far shorter. Every case has legal nuances, so take proper advice. If you own an empty property in Alicante or Benidorm and are unsure what to do with it, tell us about it: we will walk you through your options and what it is worth today, whatever its situation.