A new debate has flared up in Catalonia regarding property owners’ rights and obligations to provide housing. A decision issued by the Provincial Court of Barcelona (Audiencia Provincial de Barcelona) in July 2025 marked an unexpected turn for many property owners. Now, if an apartment is occupied without any legal grounds, the owner has the right to file an eviction lawsuit without offering the occupants a social rental contract. This ruling has already sparked discussions among lawyers, tenants, and property owners.
For a long time, court practice in Catalonia was ambiguous. Some courts required owners to first attempt to negotiate a social lease with occupants before filing an eviction claim. However, the new position of the Provincial Court of Barcelona shifted the perspective. Now, the lack of a social lease offer is no longer seen as an obstacle to going to court in cases involving so-called ‘precarious occupation’—when a home is occupied without a contract, permission, or other legal basis.
This decision affects not only private individuals but also companies owning real estate. In the case under review, a large company discovered that its apartment in Granollers was occupied without consent. After turning to a lower court, the owner received an eviction order, and an attempt to appeal was unsuccessful. The defendant’s main argument—the absence of a social lease offer—was rejected by the court.
Legal nuances
The requirement to offer social rental housing in Catalonia is governed by regional legislation, specifically Law 24/2015. This law was enacted to address the housing crisis and includes a range of support measures for vulnerable groups. However, the Constitutional Court of Spain has repeatedly stated that autonomous communities may not impose procedural barriers for bringing cases before civil courts. As a result, certain provisions of the law have been declared invalid.
In its ruling, the Barcelona Provincial Court emphasized that the requirement to make a prior offer of social rental housing cannot be an obligatory condition for filing an eviction lawsuit. The judges noted that if the occupant lacks a contract, authorization, or any other document confirming the right to reside, the owner may seek to reclaim the property without additional formalities. Exceptions are possible only in cases strictly defined by law, such as eviction due to non-payment of rent or foreclosure, and only if the plaintiff is a large property owner.
Market impact
The court’s decision has already sparked lively debate among real estate market experts. For homeowners, this means the possibility of reclaiming their property more quickly without lengthy negotiations and bureaucratic delays. On the other hand, human rights advocates are concerned that this approach might lead to a rise in evictions and worsen the situation for socially vulnerable citizens.
At the same time, the court emphasized that residents’ social vulnerability is not being entirely overlooked. If, during the enforcement of an eviction order, it becomes apparent that tenants are facing difficult life circumstances, the court may suspend the eviction and involve social services to seek alternative solutions. However, this occurs only after the eviction order has been issued, not at the lawsuit filing stage.
The court’s position
The Provincial Court of Barcelona refers to its own ruling from February 2020, which established a unified approach to such cases. Under this approach, the absence of a social rent offer cannot serve as grounds for refusing to consider a lawsuit or declaring it inadmissible. This rule applies to all eviction cases due to the absence of a contract, as well as cases involving termination of lease agreements or nonpayment of rent.
In this case, the court also noted that the provisions of Law 24/2015 on social housing do not apply to situations where no contractual relationship existed between the parties. As a result, property owners received a clear message: if a property is occupied without legal grounds, they can take decisive action without unnecessary delays.
Social vulnerability
The ruling pays special attention to the issue of social vulnerability. The judges emphasize that difficult personal circumstances of the occupants do not prevent an eviction order from being issued. However, during the enforcement stage, the court may take these factors into account and, if needed, suspend the eviction to allow time for social services to intervene. This approach enables a balance between the rights of property owners and the need to protect the most vulnerable groups in society.
Experts note that the new court practice could serve as a model for other regions of Spain, where the problem of illegal property occupation is particularly acute. Property owners have gained additional tools to protect their interests, while courts have received clear criteria for handling such cases.
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