Difference between squatting, usurpation and trespassing in Spanish law

In Spain, the terms squatting (“ocupación”), usurpation (“usurpación”), and trespassing (“allanamiento de morada”) are often used interchangeably, but they describe very different legal realities.
Squatting is a broad, non-legal term referring to any unauthorized entry or stay in someone else’s property. When the property is empty and not used as a residence, it constitutes usurpation under Article 245 of the Spanish Criminal Code — punishable by fines or short prison sentences.
When the property is inhabited or used as a home, it becomes trespassing (Article 202), a more serious offense protecting privacy and the inviolability of one’s dwelling, with penalties of up to four years in prison.
The essential distinction lies in whether the property is a residence (morada) or not. In cases of trespassing, police may act immediately; in usurpation cases, judicial authorization is usually required.
Understanding this difference helps property owners and residents act safely and within the law.