Having a squatter in your home is a real headache. Not being able to use or rent it, or simply not knowing what state it is in are just some of the complications involved in this situation. A situation that more and more people decide to solve by putting their property up for sale. But, can you sell a flat with squatters? We answer all your questions in this post.
Can you sell a squatted flat?
Yes, you can sell a squatted flat because the law allows you to do so. However, the fact that the property is squatted has a significant impact on the price and attracts fewer potential buyers, although more and more people are becoming interested in these properties. Over the last few years, there has also been an increase in the number of owners selling their properties, as they do not want to have to deal with this situation.
How do I sell a squatted property?
There are two ways to sell a squatted property:
- The owner can arrange to vacate it, using the eviction process, and then sell the flat.
- Sell the house and have the buyer carry out the eviction.
Depending on the formula chosen, the process and the sale differ. If you're selling a squatted property, the sale price will be much lower than the market price (some experts estimate 40-60% lower). If the owner decides to evict, they will have to bear these costs and spend some time resolving the conflict, but then they can sell the house at the price they are entitled to.
It should be noted that selling a squatted flat attracts far fewer potential buyers, as not everyone is willing to go through the eviction process or needs the house to move in within a few months. The sale process will, therefore, be slower than a normal home.
Moreover, a complexity faced by the seller of a squatted flat is not being able to appraise the property, as it cannot be appraised 'in situ', as the tenants will not usually allow the expert to enter the property. Online valuation tools will have to be used to conduct the valuation instead.
Tips to avoid squatters in your home
Squatters often target houses that have been on the market for an extended period without being rented or sold. It is also common for these criminals to pose as potential tenants or buyers, arranging visits with the landlord or seller. If, during the visit, the place seems suitable and easily accessible, they come back to break in and change the locks, preventing the rightful owner from returning.
Squatters prefer housing in newly built urban areas or quieter areas. Second homes are particularly attractive to them, as they are unoccupied most of the time. In addition, uninhabited properties are a favourite target because legal reprisals are less severe since it is not a primary residence.
If someone occupies a property that is not a usual residence, they can be charged with usurpation, as stipulated in Article 245 of the Spanish Penal Code. This carries a monetary penalty or a sentence of one to two years if violence or intimidation is involved. On the other hand, occupying a main residence is considered breaking and entering. According to Article 202 of the Spanish Penal Code, this offence can carry a penalty of six months to two years imprisonment and, in aggravated circumstances, up to four years with a fine of six to 12 months.
Who buys squatted houses?
Many companies and real estate agencies purchase squatted houses – you only need to search the internet to find them. For example, Urgecompraventa buys squatted flats within 48 hours of their offer being accepted. However, many private individuals also buy them.
How long can a squatter stay in a flat?
In Spain, according to the latest data from the General Council of the Judiciary (CGPJ), the time limit for evicting a squatter is currently 20.5 months. However, if they are caught in the act, for example, through an alarm, the police could arrive at the property and evict them in a matter of hours.
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