The occupation of properties and parking spaces: the legal distinction between unlawful occupation and trespass

Abstract

This article provides a comprehensive analysis of illegal property occupation in Spain, examining its criminal, constitutional, and social dimensions. Through an in‑depth review of case law from the Supreme Court and the Constitutional Court, the study explores the distinction between “dwelling” and “non‑dwelling property,” a key factor in differentiating between the offences of burglary and unlawful occupation. Emerging phenomena such as inquiokupación—fraudulent tenancy used to gain access to a property—are also addressed, highlighting the challenges at the intersection of civil and criminal law. The paper further analyses the constitutional tensions between the inviolability of the home, the right to property, and the right to adequate housing, and proposes legislative reforms aimed at improving legal and social responses. The study concludes that illegal occupation requires a multidisciplinary approach combining legal reform, procedural efficiency, and public housing policies.