The Growing Crisis of Home Occupancy in Spain: A Comprehensive Analysis of the Damages and Effects

He occupancy problem continues to grow in Spain. The Platform for People Affected by Squatting estimates that there are more than 100,000 homes usurped throughout the country, including the so-called inquiokupas, who initially rent but whose true objective is to stop paying to stay in the property for free until the desired eviction occurs.

Some 100,000 families and owners who are forced to suffer an ordeal, both judicial, economic and psychological, due to the ineffectiveness and bad faith of the politicians, who leave those affected by this crime in the most absolute defenselessness. And the damage suffered by the victims of squatters is numerous and diverse, according to the Practical Guide Against Illegal Occupation of Housing who just launched the Foundation for the Advancement of Freedom.

Specifically, more than 20, starting with the owner, who experiences both a “loss of income” due to the impossibility of making or using his property profitable and a substantial increase in expenses, among which at least the following ten stand out:

• “Normal community expenses” (monthly fee and possible spills) not compensated for the income obtained, which affect the owner’s finances, producing a serious loss in the case of small holders.
• “Special community expenses”since the community of owners, as a result of the squatting suffered, may increase their security with alarms or other measures or may sue against the squatters, generating additional losses from which, precisely, the owner who is the victim of the squat will not be able to escape.
• “Taxes on squatted housing”, which produce the same damage as they are not compensated by the income obtained. In particular, the Real Estate Tax (IBI), municipal taxes and the Wealth Tax where it persists.
• “Banking expenses”since in many cases the owner is still paying a mortgage that, as in the previous expenses, will not be partially or totally compensated by the income obtained, as the property is not rented.
• “Supply costs” that the owner has not been able to suspend.
• “Legal expenses” to hire a lawyer and attorney, pre-judicial assistance in negotiation, etc. Particularly serious is the situation of some owners whom the courts have even ordered to pay costs, having to pay, on top of that, the squatters’ lawyer and attorney.
• “Vacation expenses” if you decide to go to one of the companies that are dedicated to it.
• “Security expenses” if, due to his confrontation with squatters or the mafia behind them, he is forced to reinforce the protection measures for his habitual residence, other properties or his family.
• “Restoration expenses” of the home after the failed squatting or eviction, due to the reforms carried out by the squatters to adjust the property to their tastes or needs, as well as the usual vandalism action before the eviction. These expenses can be considerable: new door and lock or shielding, new bars or shutters on ground floors, repair of damage, etc.
• Y “medical expenses” support and treatment of depression or other psychological disorders derived from squatting, as well as physical treatment in case of suffering attacks due to confrontation with squatters or the criminal gangs that organize them.

Property damage

Added to all this is the serious “deterioration of the property”, since one of the main damages caused by squatters is the physical destruction and consequent devaluation of the affected properties. Furthermore, the squatted apartment suffers an even more intense “devaluation” if the owner intends to get rid of it while it is still squatted. You will have to lower the sale price a lot to find a buyer. during the eviction process, due to its duration and complexity.

In fact, according to this guide, there are cases of squatting orchestrated by mafias that, in reality, seek to take ownership of the property at a bargain price: they squat the home and then appear to the owner as supposed saviors who offer to buy it, obviously at a price much lower than the market.

Another important damage is the “induction of a weak sale”. In many cases, the post-squatted property is impossible to rent or should be rented at a very low price due to its state of deterioration, making the repair very expensive and often unaffordable by the owner of the home. In many cases, The owner is forced to undersell for fear of suffering a new squat or feeling unable to continue managing the rental. Thus, you will succumb to the temptation of getting rid of the property for a lower price than what you would have achieved under normal circumstances.

Damage to neighbors

On the other hand, the neighborhood also suffers the consequences of squatting in four very specific areas:

• “Deterioration of coexistence”: Neighborhood relations suffer enormously when the external element of a group of squatters appears in a block of flats or a community of chalets (for example, semi-detached houses). Furthermore, a large majority of squatters show violent behavior and fights and illicit activities, such as the sale of drugs, often occur in squatted homes.
• “Depreciation of other homes”: A squat immediately devalues ​​the remaining homes, especially in apartment blocks. If there is more than one, the value of the property can drop very considerably. The harm to neighbors who are thinking about moving is enormous, because the amount they can get from the sale of their current home will be greatly reduced.
• “Deterioration of common areas”: The squatters are not precisely characterized by their good treatment of common elements or transit areas. Since, in addition, the property has depreciated, the landlords and even some of the resident owners will be less favorable to investing in the improvement of these areas.
• “Increase in community expenses”: The shock produced by the first squatting of a home will frequently lead the other owners to adopt measures to avoid other cases, reinforcing the security of the portal, accesses and common areas. This, in itself, already generates additional expenses and possible spills. Furthermore, during the time that one or more homes on the property remain squatted, the remaining owners will be exposed to expenses such as those derived from illegal water and electricity connections, as well as expenses derived from problems of coexistence and deterioration of common areas.

Damage to third parties

Another type of damage, less visible, but equally serious, is damage to third parties:

• “For tenants”: The logical distrust of the owners increases the costs that the potential tenant has to face to legally move into a home (more guarantees and a higher price). The climate of insecurity harms the honest potential tenant, while favoring criminals who stop paying or break down the door.
• “For suppliers”: Supply supply companies sometimes find themselves in situations in which they can no longer charge the owner, but due to precautionary measures from the courts they cannot neglect the squatters either, with the consequent damage to their income statement and, therefore, to its shareholders and workers.
• Y “for the residents of the neighborhood”: A property where there is a squatted home is like a basket with a bad apple, since the damage is not limited to the block in question. The proliferation of squatters in a neighborhood significantly damages its security, coexistence and even the value of the properties in the entire affected area.

Damage to society

Last, but not least, are the damages to society as a whole:

• “Impairment of property rights”: This right is crucial to other rights and public freedoms.
• “Deterioration of legal security and investment climate”: Investors, and especially real estate investors, will go elsewhere due to the high legal uncertainty, since lawsuits last for years, evictions are hindered and property is not respected.
• Y “deterioration of tourist attraction”: In many cases, squatting occurs in central areas of cities, exposing its effects to visitors. This generates greater insecurity, real or perceived, and, in general, harms tourist attraction.