The word ‘Okupa’ is a word that opens the eyes of the Spaniards or those who have property in Spain and scares them. So, why is it so frightening to read, which is frequently on the agenda in traditional and social media, especially during the pandemic and quarantine conditions?
To summarize in the most basic way, we can say that the Okupas are ‘the people who occupy the empty houses and make their owners have nightmares’. However, there are also seizures and seizures. Let’s take a look at what is Okupa, which properties are experiencing this situation, why the landlords can’t do anything.
What is ‘Okupa’ and where does it come from?
(The cover of a series about Okupa. You can find the series here.)
Okupas, in which uninhabited houses or buildings are sheltered for social, political and cultural activities, agricultural land They define it as a radical social movement advocating the temporary or permanent occupation of a city for use as a meeting place or community centre. The Okupa movement has actually been around for a while, in fact the first recorded slum cases took place in Spain in 1984 and people were evicted from their homes.
Okupas see what they are doing as a movement towards positive social change. Rather than suffer within the confines of an unjust capitalist system, they say they prefer to challenge this system and seek alternative ways of surviving.
Property owners are raising rents to astronomical levels that the average citizen cannot afford. As such, banks confiscate their homes and many families remain on the streets, leaving buildings empty and useless for years. And these buildings become the ‘occupation areas’ of the Okupas.
The Okupa movement argues in many countries, especially in Europe, that using such spaces constructively is a social responsibility and having a roof over your head is a human right. The Okupas state that those who complain about them are often ignorant, racist, and classist conservative/biological and they do not understand what they are trying to achieve.
Okupas in their modern form emerged in Spain with the passing of a law that would allow tenants to emerge from the economic crisis with the least difficulty. During the economic crisis in 2008, Spanish citizens could continue to stay at home without paying rent. Tenants could be evicted only after lengthy court proceedings.
All of a sudden, this right of people began to be abused by marginalized groups and a number of immigrants. Many did not even have an official presence in Spain. Okupas could stay at home as long as they wanted, and the owners had a hard time. The word ‘Okupa’ in Spanish means ‘to catch’, ‘to seize’. That’s why it was paired with this event.
The okopa system in Spain developed in a strange way: Legal landlords even paid the bills of the readers living on their property and could not sell their properties on top of that. Court cases by legal landlords to evict occupiers who had occupied their home could take years, and if they had children, the landlord could be completely deprived of their right to repossess.
This issue was not fully resolved until a law passed in 2018. Thanks to this new law, the property owner is entitled to a speedy hearing in cases of illegal occupation of residential property in a civil court.
When the legal owner of the house goes to court, the judge gives the reader 5 days to bring the legal evidence to the court that will enable them to be in the house. If the necessary evidence is not brought within 5 days, the house is evacuated immediately. In addition, changes were made in the criminal and procedural law. Now the landlord can contact the police without revealing the names of the Okupas. Previously, it was necessary to specify personal data that the occupants would not voluntarily disclose.
Which properties are at risk of ‘okupa’?
According to statistics, the Okupas who have taken over the flats are mostly seen in the cities of Barcelona and Madrid, which host the most refugees in Spain. Since it is mostly seen in these two cities, an insurance is provided against this situation, but there is no insurance against Okupas in other regions. Of course, the Okupas are not stupid either, they choose the least protected places.
Okupas generally prefer large apartments with lots of empty flats and single detached houses with not many buildings or buildings around them. Okupas can also stay in properties that have been expropriated or confiscated by banks and legal entities.
What do homeowners do if a home is ‘okupa’?
If a landlord’s property has been ‘okupa’, ie occupied, landlords do not have much choice. If a home owner uses brute force to get rid of the Okupas, this can be used against them. Therefore, it is necessary to purify the emotions and apply directly to a legal unit.
Illegal tenants can only be evicted directly if they are caught red-handed while breaking into the house. Otherwise, an Okupa who has settled in the property, changed the keys and arranged his belongings can only be evicted by court order. This means that homeowners need to frequently check the current status of their vacant properties.
There is also a ‘heavy brother’ service that works in partnership with the authorities in Spain. These big and tough brothers go and talk to unwanted guests, but this service is not 100% operational because, as we said, the only guarantee is court decision and police accompaniment.
Is there no way for landlords to protect their property?
One of the best ways for a property owner in Spain to protect their property from Okupas is to get along with their neighbors. If someone who frequently leaves his property in Spain vacant, gets along well with his neighbors, he can report a reader to be caught red-handed so the process ends before it even begins.
Another way is concierge service. If the owner has a concierge or security service in the site, apartment or area where the property is located, they can protect the property professionally. Another way is of course security cameras and alarm systems, but they are a bit expensive. Of course, if you do not use the house, but if you own it, it is unlikely that the security and alarm system will be expensive.
To sum up:
A group of unregistered people in Spain occupied the houses they found vacant thanks to a law that came into force since the 2008 crisis and claimed rights there. and in some cases even qualify to stay there.
Homeowners, on the other hand, need to be very careful, choose their homes in good locations, install security systems and stay on good terms with their neighbors. What are you thinking? Please do not forget to share your thoughts with us in the comments.
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