Criminal Lawyers in Barcelona specialized in property usurpation offenses
The phenomenon of illegal occupation of residential properties has sparked legal and social debate in Spain. In many cases, affected property owners attempt to recover possession of their property by disconnecting utilities (water, electricity, gas), which raises the possibility of such conduct being classified as a criminal offense of coercion under Article 172 of the Spanish Criminal Code.
However, on March 7, 2025, the Provincial Court of Barcelona established a new legal criterion regarding the provision of utilities in cases involving the illegal occupation of property. In this resolution, the Honourable Magistrates of the criminal chambers of the Court ruled that the owner’s decision not to maintain or pay for electricity, water, or gas services in an occupied property shall no longer be considered an offense of coercion.
This resolution has been sent to all higher judicial authorities in Catalonia, including the High Court of Justice, the Public Prosecutor’s Office, the presidents of other provincial courts, the Bar Association Council of Catalonia, and the College of Court Clerks. These institutions have fully endorsed the magistrates’ decision, and therefore, this unified criterion will apply to all courts and tribunals in the province of Barcelona.
Current legal approach to the crime of property usurpation and the disconnection of utilities
Until now, the suspension of utilities in illegally occupied dwellings created legal uncertainty, as such action had sometimes been interpreted as a form of coercion by the property owner to force the occupants to leave. Consequently, it was classified as a criminal offense.
Coercion is defined in Article 172 of the Spanish Criminal Code, which punishes any individual who, without legitimate authority, prevents another from doing something the law does not prohibit, or compels them to do something against their will, using violence or intimidation. The offense is punishable by imprisonment of six months to three years or a fine of 12 to 24 months. The article also includes a specific aggravating circumstance when the coercion aims to prevent the legitimate use of a dwelling, increasing the penalty to its upper half.
In cases of property usurpation, coercion was understood to occur when the property owner took actions such as cutting off utility services. Courts have previously considered such acts to constitute non-physical violence, sufficient to be treated as coercion—particularly if used to force the occupants to leave the property. For instance, Supreme Court Ruling 458/2019 concluded that disconnecting utilities from a rental property with a defaulting tenant amounted to coercion. Likewise, the Provincial Court of Madrid, in ruling 290/2021, held that cutting off water and electricity to illegal occupants constituted coercion, as it forced them to leave the premises under extreme hardship.
However, with this new resolution, the Provincial Court of Barcelona departs from the prevailing legal stance and establishes that property owners are not obligated to continue paying for utilities. The disconnection of services can no longer be considered unlawful pressure and therefore does not fall under the definition of coercion.
Additionally, the Court has set out guidelines regarding the identification of occupants in property usurpation cases. It ruled that in minor offenses of usurpation, if the identities of the occupants are unknown, the proceedings cannot be dismissed without first requiring law enforcement to attempt their identification. Only if identification proves impossible may provisional dismissal be ordered—unlike in previous practice, where premature dismissal was common.
This criterion seeks to balance the right to private property with the criminal regulation of property usurpation, particularly in light of the increasing number of illegal occupations in major cities such as Barcelona. The objective is to provide an effective judicial response and to prevent owners from being compelled to maintain services for individuals who have unlawfully taken over their property.
Legal and practical implications
This new judicial stance will undoubtedly have significant implications for the management of illegally occupied properties. It reinforces the owner’s right to decide whether to continue utility services without fear of facing criminal liability for coercion. However, it is expected that the criterion will be subject to legal debate and possible challenges in higher courts.
Conclusion
The ruling of the Provincial Court of Barcelona marks a substantial shift in the legal handling of conflicts stemming from illegal property occupation. By establishing that cutting off utilities in such cases does not constitute coercion, it strengthens the legal position of property owners and provides greater legal clarity.
As we can see, disconnection of utilities by owners in illegally occupied properties will likely undergo major changes in judicial interpretation across Catalonia. If you find yourself in a situation requiring legal advice regarding a property usurpation offense or coercion offense, Nieto Enríquez Criminal Lawyers has a team of specialized criminal law attorneys ready to defend your interests and assist you with everything you may need.
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