On 2 July 2018, Law 5/2018 came into force. Its main purpose is to expedite the procedure for recovering possession of a property from unlawful occupants through a special court procedure known as an interdict.
Unfortunately, many property owners currently find themselves in the situation of having third parties unlawfully occupying their properties. Until now, the legal procedures available to them have been relatively slow, but the new law is intended to make the process much faster.
Who can bring a claim? Property owners, as well as landlords whose properties are occupied unlawfully. Where the property belongs to a company, this procedure is generally unavailable unless the company is a non-profit entity. The law also grants this right to public authorities.
The procedure is relatively straightforward where the occupants have no lawful title entitling them to possess the property. Once notified, they have five days to produce evidence of a legal basis for their occupation. If they fail to do so, the court will immediately order the property to be handed over to the claimant.
No appeal may be lodged against this court decision. Once notified, the decision will take effect against any occupants found in the property.