Senate Moves Forward with Controversial Proposal
The upper house of the Spanish parliament has launched discussion on a bill that could change the rules of the game for property owners facing illegal occupation. The measure, proposed by the Partido Popular, would allow utilities—water, electricity, and gas—to be cut off in homes and apartments occupied without the owner’s consent. If ultimately approved, such actions would no longer be considered a criminal offense.
Previous attempts to advance similar measures in the Congreso de los Diputados met resistance, but now the Senado has decided to give the initiative another chance. The bill proposes amending Article 172.1 of the Penal Code to clearly state that cutting off utilities in squatted properties is not regarded as coercion or intimidation.
Arguments from Both Sides and Legal Precedents
The authors of the proposal cite recent court decisions in Barcelona, where judges unanimously agreed that owners have the right to disconnect utilities in cases of illegal occupation without fear of coercion charges. This ruling set a precedent and sparked lively debate among legal experts and the public.
The explanatory note to the bill states that shutting off water or electricity should not be considered a criminal offense when it is done to protect the owner’s rights. In addition, courts in Barcelona have ruled that before closing an illegal occupation case, police are required to identify everyone present on the premises, to prevent so-called ‘unknown occupants’ from escaping responsibility.
Potential consequences for owners and ‘okupas’
If the bill passes all stages of approval, property owners will be able to officially stop paying for utilities at their properties that are occupied without their consent. This could become an additional tool to pressure offenders and speed up the process of reclaiming their property.
At the same time, the new provision stipulates that courts cannot close illegal occupation cases until the police have identified exactly who resides in the disputed property. This approach will help identify vulnerable individuals and, if necessary, offer them social support rather than simply evicting everyone indiscriminately.
The bill will soon be submitted to Congress, where its fate will depend on the position of the deputies. If approved, Spain could become one of the first countries in Europe where homeowners are granted such broad powers in the fight against illegal occupation.
