In Girona, Spain, a family recovered their illegally occupied house, but the police ordered them to leave and allow the 'squatters' to return. According to lawyer José María Español, specialized in illegal occupations, who recounted the case on COPE radio, the owners took advantage of the occupants' absence to enter the property and contact the authorities, but these informed them that they should leave.
The 'squatters' presented a video showing them cooking and sleeping inside the house, trying to prove that they had already been staying there for more than two days. The lawyer considered that the agents made an erroneous interpretation of the law, noting that the known 48-hour deadline does not exist in the Spanish Penal Code and does not automatically grant any right over the property.
The specialist criticized the lack of uniform criteria in responding to these situations and stated that, in practice, "from 48 hours we go to 48 months," referring to the prolongation of the processes. According to data presented by the lawyer, the recovery of an occupied dwelling took on average 18.1 months in Spain, varying according to the autonomous community.
José María Español advocated for legislative reform to accelerate the restitution of properties and establish uniform police protocols throughout Spanish territory. The article also notes that, in Portugal, Law No. 67/2025 reinforced the criminal response to illegal occupations, with prison sentences of up to two years (or three years when permanent primary residence is at stake), not establishing a 48-hour rule.
