New criteria from the Provincial Court of Barcelona regarding the cutting off of supplies in cases of the crime of squatting

Criminal lawyers in Barcelona specializing in home usurpation crimes

The phenomenon of illegal occupation of homes has generated a legal and social debate in Spain. In many cases, affected owners seek to regain possession of their property by cutting off utilities (water, electricity, gas), which raises the possibility that this conduct falls under the crime of coercion as defined in Article 172 of the Penal Code.

Notwithstanding the foregoing, on March 7, 2025, the Provincial Court of Barcelona established a new criterion regarding the provision of utilities in cases of illegal occupation of properties . In this ruling, the Honorable Judges of the Criminal Divisions of the Provincial Court of Barcelona determined that the owner’s decision not to maintain or pay for electricity, water, or gas services in an occupied property will no longer constitute the crime of coercion.

This agreement by the Judges has been sent to all the high judicial bodies of Catalonia, including the Superior Court of Justice, the Public Prosecutor’s Office and the presidents of the other Catalan Courts, as well as to the College of Solicitors and the Council of the Bar of Catalonia, who have fully supported the decision of the Magistrates, and, therefore, this new unification of criteria will be applicable to all the Courts and Tribunals of the province of Barcelona.

Current criteria on the crime of squatting and cutting off utilities

Until now, the suspension of supplies to illegally occupied homes generated legal uncertainty, since on some occasions it had been interpreted as an act of coercion by the owner to force the occupants to leave, and therefore this conduct was classified as a crime of coercion.

In this regard, the crime of coercion is defined in Article 172 of the Penal Code and punishes anyone who, without legal authorization, prevents another person from doing what the law does not prohibit or forces them to do what they do not want to do, through violence or intimidation, with a prison sentence of six months to three years or a fine of 12 to 24 months. Furthermore, this article includes a special provision regarding coercion intended to prevent the legitimate enjoyment of housing, increasing the penalty in this case to the upper half of the range.

In cases of squatting, the crime of coercion was understood to have been committed when the homeowner decided to take actions such as cutting off utilities. In these cases, the courts have thus far interpreted this action as constituting an act of non-physical violence, sufficient to be considered coercion (even serious coercion with higher penalties), provided it was carried out as a means of forcing the occupants to leave the property. ( For example, Supreme Court Judgment 458/2019 held that cutting off utilities by the owner of a rented property to a tenant in arrears constituted coercion; or Judgment 290/2021 of the Provincial Court of Madrid ruled that cutting off water and electricity to illegal occupants was coercion, as it forced them to abandon the property in conditions of extreme need).

However, with this new agreement, the Provincial Court of Barcelona breaks with the prevailing criterion until now and establishes that the owner does not have the obligation to continue paying the expenses corresponding to the supplies, since the interruption of them cannot be considered an illegitimate pressure, and, therefore, is not classifiable as a crime of coercion.

Furthermore, the Honorable Court has also established guidelines regarding the identification of occupants in cases of squatting. In this regard, it has ruled that in minor offenses of squatting, if the occupants’ identity is unknown, the proceedings cannot be dismissed without prior attempts by law enforcement to identify them. Only if such identification proves impossible will the case be provisionally dismissed, and not at an earlier stage as had been the practice.

This criterion responds to the extreme need to balance the right to private property with the criminal regulation of the crime of usurpation of real estate, especially given the growing increase in the illegal occupation of homes in large cities like Barcelona, ​​and aims to be an efficient judicial response, preventing owners from being forced to maintain services for those who have illegally occupied their homes.

Legal and practical repercussions

This new legal stance will undoubtedly have significant repercussions for the management of occupied properties, as it reinforces the owner’s right to decide on the continuation of utilities without fear of incurring criminal liability for coercion. However, this ruling is expected to be subject to debate and potential appeals to higher courts.

Conclusion

The decision by the Provincial Court of Barcelona marks a significant shift in how conflicts arising from the illegal occupation of properties are addressed. By establishing that suspending utilities in such cases does not constitute the crime of coercion, the court strengthens the position of property owners and provides greater legal clarity in these situations.

As we can see, the cutting off of utilities by owners in illegally occupied properties is going to undergo significant changes in Catalan judicial decisions. Therefore, if you find yourself in a situation where you need legal advice regarding the crime of property usurpation or coercion and require the assistance of a criminal lawyer, at NIETO ENRIQUEZ CRIMINAL LAWYERS we have a team of criminal lawyers specializing in these types of crimes, ready to protect your interests and assist you in everything you need.