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Spanish Senate Prepares Law Changes to Combat Illegal Housing Occupation

PP pushes for new property rules – what will change for tenants and squatters?

A major legal shake-up is brewing in Spain. The Senate is debating a controversial initiative that could shift the balance between property owners and squatters. The proposed rules promise heated debate and unexpected consequences. Who stands to gain from these changes? Find out in our report.

A heated debate is underway in the Spanish Senate (Senado de España) over a bill that could radically change how the problem of illegal occupation of housing is tackled. The People’s Party (Partido Popular, PP), which holds the majority, is pushing for an initiative that would allow property owners to legally cut off utilities in apartments occupied without permission.

Legislative Initiative: What Does the PP Propose?

The proposal centers on amending Article 172.1 of the Criminal Code (Código Penal). If the changes are adopted, shutting off water, electricity, or gas in illegally occupied properties would no longer be considered a criminal act of coercion. This would enable owners to take action more decisively, without fear of legal prosecution for attempts to reclaim their property.

Precedents and Arguments

Proponents of the reform point to a recent ruling by the Provincial Court of Barcelona (Audiencia Provincial de Barcelona), which deemed utility shutoffs permissible in such cases. PP representatives believe this precedent should form the basis for nationwide rules, eliminating conflicting court practices and providing owners with clear tools to protect their interests.

Next Steps and Potential Consequences

Once approved by the Senate, the bill will be sent to the Congreso de los Diputados for further consideration. Experts note that this initiative is set to ignite fierce debates among various political parties and civil society groups. Some believe the new regulations will help tackle the surge in illegal squatting, while others fear they could lead to abuses and undermine the rights of vulnerable populations.

In the coming months, Spain faces an intense debate over the balance between property rights and social safeguards. The outcome remains uncertain, but one thing is clear: the issue of rights for property owners and tenants is once again taking center stage in the country’s political agenda.

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