What happens in other countries with better legal certainty?

One of the risks faced by the real estate investors in Spain is the problem of occupancy.

Having one or more vacant homes significantly increases the risk that they will end up being occupied. But renting them also involves a certain risk, since there are people who rent a property and pay the first installments, but then stop doing so and refuse to leave the property.

This ends up leading many owners to find themselves immersed in long and tedious legal proceedings to be able to recover their home, and all while the “squatter” continues to consume resources or even deteriorate the property.

The situation is different in other countries, where the evictions and evictions are executed quickly and owners have greater legal protection.

For what reasons has squatting become a problem in Spain?

Occupancy in Spain is a problem due to the lack of legal certainty for owners.

Police can only evict occupants if they are discovered within the first 48 hours

The Spanish legislation protects homeowners against trespassing when they are residing in a dwelling. But if the property is vacant, authorities can only evict the occupants if they are caught in “flagrante delicto,” which is considered to be about 48 hours after the squatters have entered.

If this time limit is exceeded, the police already have to apply for a court order and the process can take a long time. In this sense, the problem can be greatly aggravated for the owner, with a slow and costly judicial process that can last for years.

The Housing Law is detrimental to homeowners

Another of the problems associated with occupancy that clearly disadvantages the landlord is the possibility that a tenant, with lease agreement, is declared to be in a situation of vulnerability, and a court temporarily suspends the eviction until a new home can be found for him or her. housing alternative.

This can keep your home held up for several months, although the biggest risk is that the tenant becomes squatter, If you do not want to give up your home, stop paying rent and do not want to give up your home.

Strong regulations on vacant housing

Another problem has to do with the use of vacant housing, If it is not used or rented for more than two years, it may be subject to penalties.

Although this does not affect second homes or those being renovated, it is still a problem for large holders in the current context.

What happens in other countries with better legal certainty?

The difference between the judicial processes of eviction of squatters in Spain compared to other countries is very large.

Spain

In Spain, the real estate legislation greatly protects the tenant, but leaves landlords in a situation of defenselessness in many cases. A law was recently passed to streamline judicial processes, so that evictions from squatted properties can be handled by speedy trial, but these modifications only affect those who have occupied vacant housing, not tenants who have stopped paying rent.

Europa

If in Spain the eviction takes one year to average of 18 to 20 months, In other European countries such as France or Germany, in just 24/48 hours it can be carried out, with prison sentences for the squatters. In countries such as Italy, the police can be informed and a speedy trial is held and the squatters are immediately evicted.

Dominican Republic

In the Dominican Republic, the owner protection has been much more effective than in Spain, both for squatters and inquiokupas.

First of all, the right to property is included in the Constitution, which states in its article 51 that “The State recognizes and guarantees the right to property”. Law 108-05 establishes that real estate must be registered in the Registry of Titles to guarantee the protection of such property rights.

For its part, the legislation establishes that the illegal occupation of properties in the Dominican Republic is a criminal offense, punishable by fines and imprisonment that may vary if it is considered trespassing, or invasion and occupation. A property owner may report an occupation or violation of his property, and he will be evicted.

In the Law 108-05, on Real Estate Registry, Article 49, paragraph 1, states that the occupant is given a deadline to leave the dwelling within 15 days, after which the owner may resort to public force to proceed with the eviction.

If you are real estate investor, The Dominican Republic is an excellent option for buying property, given its excellent legal security and the ease with which foreigners have access to investments, visas and even tax benefits for rental income.

Do you want to invest in real estate in Dominican Republic? Discover our real estate opportunities in Punta Cana.