Housing occupation in Spain: legal and practical challenges for owners

On January 4, 2026, Carlos Muñoz, partner at CIM Tax & Legal, shared his vision on this topic in a report published by Clara Rojas in El Mundo, titled "This is how I negotiated with squatters to get my house back: 'You feel like a criminal'". The report includes testimonies from homeowners who, faced with slow judicial processes and lack of housing alternatives, opt for out-of-court agreements with the occupants to recover their homes.

These agreements often involve, in some cases, the forgiveness of accumulated debts for unpaid rent and utilities. They also reflect how owners are forced to take on a role that belongs to Social Services and the Administration, directly managing the recovery and protection of their properties and bearing the economic cost.

Royal Decree 11/2020 and the social shield

The origin of these situations is found in Royal Decree 11/2020, designed as a temporary social shield during the pandemic to protect vulnerable households. This decree established the suspension of evictions and the extension of rental contracts for those without alternative housing, as well as the creation of aid programs to compensate owners for the debt moratorium.

Although the measure originated in 2020 due to the COVID-19 crisis, it has been extended in subsequent years to adapt to new situations, such as inflation, the effects of the war in Ukraine, or cases of gender-based violence. However, its practical application has caused significant delays in judicial executions and evictions, as well as an economic burden on owners, who in many cases have to wait months or even years to receive the corresponding aid.

Practical reality: owners who assume social management

According to Carlos, although legislation prioritizes protecting vulnerable tenants, in practice owners end up assuming economic and logistical responsibility. The overload of Social Services, the periodic review of files, and the difficulty of verifying the actual situation of the occupants make case resolution difficult. This causes significant economic and emotional strain for owners, who sometimes have to withdraw their properties from the rental market to avoid risks.

In addition, the article highlights how the distinction between delinquent occupants and vulnerable households is not always managed properly, which can create unfair situations for owners.

The need for urgent and effective measures

The current situation shows the need for faster legislative and administrative measures that protect both vulnerable tenants and owners. It is essential that State resources are complemented with more efficient case monitoring and that private individuals are not forced to take on a role that should be the responsibility of public services.

Housing occupation in Spain is a complex problem that requires a balanced approach: protecting vulnerable households without leaving unprotected the owners who invest in and maintain rental properties. From CIM Tax & Legal, we believe that prevention and specialized legal advice are key tools to resolve these conflicts safely and efficiently.

For more information on this topic, we invite you to read the full article from El Mundo: https://www.elmundo.es/economia/vivienda/2026/01/04/695796e8fc6c83d1638b457c.html

From CIM Tax & Legal, we thank El Mundo for trusting our professionals to provide their analysis on this topic.