Last April, the Congressional Justice Commission approved the proposed PDeCAT law that modifies the Civil Procedure Law in order to speed up the end of illegal housing squatting. One of the priorities is to recover the squatted house within a maximum period of 20 days ...

The express eviction law against squatting was approved

Last April, the Justice Commission of the Congress approved the PDeCAT law proposal that modifies the Civil Procedure Law in order to speed up the end of the Illegal squatting of a house.

One of the priorities is to recover the squatted house within a maximum period of 20 days in those cases in which the property belongs to a private individual, a non-profit entity or Public Administration, whose occupant has not been able to justify their ownership within 5 days following the judicial request . The private entities and managers of a housing fund destined for social rent have been excluded from the eviction process.

Therefore, according to the proposal finally approved, they may request «the immediate recovery of full possession of a home or part of it, provided that they have been deprived of it without their consent »the natural persons who own a home, non-profit entities and« public entities that own or have legitimate social housing ».

At the beginning, the law was presented as a modification to regulate "a specific procedure to guarantee the possession of dwellings owned by natural persons owners and to assure social entities and public administrations the availability of the houses in their possession destined to social rent » However, this law has ended up being defined as a modification of the Law of Civil Procedure «in relation to the illegal occupation of real estate» .

Sentence in less than 20 days

The law will allow, when an illegal occupation of a house occurs, the owner can access a much more agile procedure than the current one to recover it. For this, when this activity is detected, a notification must be made and from that moment the squatters will be required to justify the possession situation.

In case no contribution is made a "sufficient justification, the court will order by auto the immediate delivery of possession of the dwelling ». Against this, « no appeal will be allowed and will be carried out against any of the occupants who are currently in the home».

In addition, a judgment will be issued « immediate »in case the respondent did not answer the request within the expected period of five days. The law also makes it possible to execute, if requested by the plaintiff, without the need for the 20-day period provided for in the Civil Procedure Law

Communication to social services

The law provides for communication "to the competent public services in matters of social policy" at different stages of the process "if appropriate", although not ex officio once the consent of "the interested parties" was obtained.

When agreeing to the delivery of the possession, a period of seven days is set so that these public services can «adopt the measures of protection that may apply. "

However, the proposed law does not guarantee the alternative housing for the evictions of these occupations and has no specific measures defined for those cases in which evicted people are in a vulnerable situation rabilityAfter passing through the Congress of Deputies, the text has been sent to the Senate to complete its processing.

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