Squatters on Mallorca: The Anti-Squatter Law for Property Owners

Few topics worry property owners on the island as much as okupas. Squatters on Mallorca are a real risk above all for owners of second homes and holiday properties, because vacant buildings are their preferred target. The good news: since April 2025 the legal situation has shifted noticeably in favor of owners, and evictions move much faster than they used to. The bad news: the problem has not disappeared, and owners who react the wrong way can quickly end up on the wrong side of the law themselves. If you are in the process of buying a property on Mallorca, factor this topic in from the start.

What the anti-squatter law changed in April 2025

The decisive change came with Ley Orgánica 1/2025, which entered into force on April 3, 2025. It adds breaking into a home and the unlawful occupation of someone else's property to the list of offenses handled in the so-called juicio rápido, Spain's fast-track criminal procedure. The law requires the main hearing to be scheduled within 15 days of the police investigation being completed.

Before the reform, eviction proceedings in Spain often dragged on for one to two years because occupation cases went through the ordinary courts. Now a clear-cut case can be in front of a judge within a few weeks, eviction order included. For Mallorca, with its many properties that are only used part of the year, that is real progress.

One important caveat: the fast-track procedure applies to the criminal offenses. Things remain more complicated when the occupants present a fake rental contract or when you are dealing with so-called inquiokupas, meaning tenants who simply stop paying and refuse to move out. Those cases still go through the civil courts and take longer.

Allanamiento or usurpación: the crucial difference

Whether an occupation ends quickly depends largely on which offense under the Spanish criminal code applies:

• Allanamiento de morada (Article 202): Entering a morada, meaning a space that is actually lived in. This includes a regularly used second home with furniture, clothing and personal belongings. Penalty range: six months to two years in prison. If the offense is fresh, police can evict immediately.
• Usurpación (Article 245.2): Occupying a property that is not a morada, for example a permanently vacant house or an unfinished building. Penalty range: a fine of three to six months' daily rates. This usually requires a court decision, which since the reform arrives much faster.

For you as an owner this means: the more clearly your property is recognizable as a lived-in home, the stronger your position. Photos of the furnished rooms, electricity bills showing real consumption and proof of regular stays help the police classify the case as allanamiento.

The first 48 hours after an occupation

The first hours often decide whether the matter is resolved in days or in months. You can file the report at any police station or online with the Policía Nacional. Here is how to proceed:

You can find more on finding legal help and typical fees in the guide to finding a lawyer on Mallorca.

Insurance and prevention

Many Spanish building and home insurance policies now offer an okupas module. It typically covers lawyer and court costs, repairs of vandalism damage after the eviction and sometimes a lump sum for the period the property cannot be used. Check the fine print for whether usurpación is covered too and how long the property may stand empty before the coverage lapses. A call to your insurer before the renewal date is almost always worth it.

Better still is preventing the occupation in the first place. These measures have proven effective:

• An alarm system connected to a monitoring center, mounted visibly on the house
• Timer switches for lights and roller shutters so the house looks lived in
• Asking neighbors, the property manager or a local contact to check on the property regularly and empty the mailbox
• A security door or additional locks on main and side entrances
• During longer absences, short stays of your own or a legal rental instead of months of vacancy

In an apartment complex the comunidad is an important ally too, because attentive neighbors often report suspicious activity faster than any camera. How the owners' association works is explained in the guide to property management and the comunidad.

Frequently asked questions about squatters on Mallorca

How fast is an occupied property cleared these days?

If the offense is fresh or it is a clear case of allanamiento, often within hours to days. In usurpación cases it now usually takes a few weeks until the fast-track hearing, instead of a year or more as before the reform.

Is the 48-hour rule real?

There is no fixed 48-hour deadline in the law. What is true: the earlier the occupation is reported, the more likely the police can treat it as a fresh offense and act without a court order. That is why reporting quickly matters so much.

Will my insurance pay in case of an occupation?

Only if your policy includes a corresponding module. Standard household policies often do not cover okupas cases. Depending on the plan, covered items include legal costs, damage after the eviction and sometimes loss of use.

Conclusion

Ley Orgánica 1/2025 has clearly improved the situation for owners on Mallorca: since April 3, 2025 occupation cases go through fast-track proceedings, and clearing a property that is clearly recognizable as a home is a matter of days rather than months. Prevention remains the best strategy all the same, because every occupation costs nerves, money and time. Secure your property visibly, keep your ownership documents at hand and, if it happens, react immediately with a police report and a lawyer. If you only use the property occasionally anyway, also check which tax obligations apply; more on that in the post about second homes on Mallorca and non-resident tax.