Buying your own home in Spain is certainly a joyous event, but it can sometimes be marred by extremely unpleasant surprises. Imagine that after all the paperwork is done, you discover that the electricity in your new house has been connected illegally. This situation, known as ‘enganche’, is not just a form of fraud but a serious offense that can land the unsuspecting new owner with hefty fines or even criminal charges if the proper steps aren’t taken promptly.
So, what should you do if you encounter such a ‘surprise’? The first and most important rule is: don’t panic and act immediately. As soon as you suspect something is wrong, contact your electricity provider and report the issue without delay. Don’t postpone this call, or you might draw suspicion onto yourself. It’s crucial to document everything: take photos of the meter and wiring, with date and time, to record the state of the electrical system when you took ownership. Any professional inspections or interventions should also be documented. This will help prove your good faith if the company tries to hold you responsible.
If fraudulent activity has already been uncovered and inspectors arrive, stay calm. Do not sign any documents or make any statements until you have consulted a lawyer specializing in real estate or criminal law. Your main goal is to prove that you were unaware of the illegal connection and that it existed before you purchased the property. An attorney can help gather the necessary evidence, request all case materials from the electricity company (inspection report, photos, meter readings), and challenge any possible penalties.
From a legal standpoint, electricity theft is a crime under Article 255 of the Spanish Criminal Code. The penalty is a fine ranging from 3 to 12 months. The total amount is calculated based on a daily rate, which varies from €2 to €400. As a result, the final fine may range from a modest €180 to an impressive €144,000. On top of this, you may receive a bill for the estimated electricity consumption over the past year, which can reach €1,500–2,000.
The person who illegally consumed the resource is responsible for paying the bills. The energy company will use all available means to prove the fraud and identify the culprit. If you can prove that the connection was made by a previous owner, you will not only clear yourself of responsibility but also be able to sue them for concealing such important information. While legal proceedings are underway, you should legalize the connection as soon as possible. Contact the distributor to sign a new contract. Willingness to cooperate always works in your favor, both with the company and the authorities.
