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БългарскиUnlawful occupation of property (usurpación de inmueble) is the offence committed by someone who occupies, without authorisation, someone else’s property, home or building that is not a dwelling, or stays in it against the owner’s will.
It is set out in article 245 of the Código Penal (Spanish Criminal Code). Its first section refers to cases in which a property is occupied with violence or intimidation against people, and the second to those carried out without them.
The difference from allanamiento de morada (breaking and entering) lies in the type of property. Allanamiento protects the dwelling, the place where someone lives. Usurpación refers to properties that are not dwellings, such as an empty home or business premises. Which offence fits each case is for lawyers and judges to assess.
For the owner, the practical thing is prevention: a well locked empty home is far less attractive. We explain how on our protection against squatters page.