The definition of ‘okupar’, according to The Royal Spanish Academy, is unlawfully occupying an uninhabited dwelling or premises without the owner’s consent. The noun ‘okupa’ refers to a member of the squatters movement, and its adjective, also ‘okupa’, is used to refer to the radical movement that advocates the occupation of uninhabited dwellings or premises. The term is derived from ‘ocupar’ meaning ‘to occupy’, and is a satiric misspelling with a ‘k’ – a letter seldom used in Spanish – reflecting a desire to break spelling rules.

Similarly, the act of squatting can reflect the will to transgress legal norms. Squatting is currently not included in the Spanish Penal Code; the crime of ‘squatting’ does not exist, but that of trespassing or usurpation does.

The offence of trespassing is committed when an attempt is made to enter or remain in another person’s dwelling against the will of the lawful occupant, where ‘dwelling’ is understood to be the habitual residence.

The regulation of this offence is intended to protect the privacy of the home or the right to housing.

On the other hand, the crime of usurpation protects private property, and covers the specific case of anyone who, without due authorisation, occupies another person’s property, house or building that does not constitute a dwelling, or remains there against the owner’s will.

The offence of usurpation would be a misdemeanour carrying only a fine, because it is not a question of occupying a habitual residence – it could be a second residence. It protects the right to property, not the right to housing, while the offence of trespassing is not considered a minor offence because it protects the inviolability of the home.

In both cases, it is necessary to report the situation – ‘illegal occupation’ in the Spanish Penal Code – as soon as you become aware of it, and it is very important to know that the police can evict the squatters from the property immediately and without judicial authorisation if the offence is reported within 48 hours, since they understand that it is a flagrant offence. Once the 48 hours have expired, the police will not be able to evict without judicial authorisation, either through civil or criminal proceedings, both of which involve judicial processes that are not always swift. But we will not point the finger at the judges, because that is a matter for legislators.

As the Americans say, «Your right to swing your fist ends where my nose begins.”

It is high time for legislators to address the issue of squatting , which often amounts to a punch in the nose for citizens, in a more agile and effective manner.