Can Owners Be Charged for Entering Their Squatted Home?

Yes

Once squatters turn a place into their home—sleeping there, keeping furniture, changing locks—Spanish law treats it as their dwelling. The owner who goes in without a court order risks the crime of “allanamiento de morada” (home trespass).

When is the danger highest?

• After the first 48 h. Police can act fast only while the intrusion is brand-new.

• Visible daily life. Beds, clothes, or utility bills show real occupation.

• Forced entry. Breaking doors or cutting power can add extra charges.

Safer owner actions

1. Call police immediately. Report the squat while it’s fresh.

2. Do not enter yourself. You could become the suspect.

3. Gather proof of ownership (title, photos, alarm logs).

4. File for eviction through the courts.

5. Keep records of every step—reports, videos, repair quotes.

Takeaway

Property rights don’t override home privacy once a squatter’s dwelling is established. Act swiftly and legally—or risk prosecution.