TC Ruling: New requirements for the recovery of real estate possession

On January 29, 2025, the Constitutional Court TC issued a ruling that represents a significant change in the procedural requirements for claims for recovery of possession of real estate and the initiation of the enforcement procedure. This judicial resolution will have important practical consequences in the real estate sector in Ceuta, where the problem of illegal occupation of dwellings is a growing concern for owners and neighborhood communities.

At Sonex Abogados, a law firm specializing in civil, commercial, criminal, administrative and immigration law in Ceuta, we analyze the implications of this ruling for our Ceuta clients and how it may affect eviction proceedings in our autonomous city.

Background: The problems of occupation in Ceuta

The Autonomous City of Ceuta has particular characteristics that make the problem of squatting take on specific nuances:

1. Limited territorial extension that intensifies the pressure on available real estate.
2. Border condition that generates specific situations of housing vulnerability.
3. Shortage of public housing compared to existing demand.
4. Increase in cases of squatting in certain neighborhoods of the city.

As we analyzed in our article on proposals to expedite the eviction of occupied housing in Ceuta, this situation has generated growing concern among Ceuta property owners, who must now be attentive to the changes introduced by the TC ruling.

Key points of the Constitutional Court's ruling of January 29, 2025

The subject matter of the appeal of unconstitutionality

The TC ruling responds to an appeal of unconstitutionality filed against certain aspects of Law 5/2018, of June 11, known as the "anti-squatting law", which amended the Civil Procedure Law in matters of illegal occupation of dwellings.

As explained by Legal Today, the appeal mainly challenged "the requirement to prove prior recourse to an appropriate means of dispute resolution as a requirement for the admission of claims in summary possession proceedings".

Pronouncement of the Constitutional Court

The TC has concluded that it is not constitutional to require the prior attempt of ADR (Adequate Means of Dispute Resolution) as a requirement for admitting claims in proceedings of:

1. Summary guardianship of possession (including evictions and foreclosures).
2. Commencement of the enforcement procedure.

This decision is based mainly on the fact that such requirements could violate the right to effective judicial protection recognized in Article 24 of the Spanish Constitution.

Practical implications for landowners in Ceuta

Streamlining of repossession procedures.

The main consequence of this ruling for Ceuta property owners is the elimination of a prior step that could delay the initiation of proceedings for the recovery of possession. In a city like Ceuta, where the real estate market has specific characteristics, this streamlining can be decisive for many owners.

Situations benefiting from the ruling

In the Ceutí context, the ruling will particularly benefit:

• Owners of second homes or temporarily unoccupied dwellings.
• Small homeowners with illegally occupied homes.
• Communities of owners affected by occupations in common areas.
• Financial institutions and investment funds with real estate in their portfolios.

Important exceptions and nuances

It is essential to note that the ruling does not eliminate the obligation to attempt ADR in all civil proceedings, but specifically in:

• Proceedings for summary guardianship of possession.
• Proceedings to initiate the enforcement process.

For other civil proceedings, including many related to registration and its impact on rights, prior attempt at ADR remains mandatory as set forth in the recent Law 1/2025 on Appropriate Means of Dispute Resolution.

The particular case of Ceuta: Social and economic implications.

Impact on the Ceutí real estate market

The legal certainty provided by this ruling may have positive effects on the real estate market in Ceuta:

1. Increased confidence of homeowners to put their homes up for rent.
2. Reduction in the number of vacant homes due to fear of occupation.
3. Possible increase in rental supply and price stabilization.
4. Improved perception of legal certainty among real estate investors.

Balance between landowners' rights and situations of vulnerability

In a city like Ceuta, where very diverse socioeconomic realities coexist, it is essential to find a balance between:

• Protection of the right to private property.
• Attention to situations of housing vulnerability.
• Respect for established legal procedures.
• Prevention of abusive situations by both parties.

In this sense, at Sonex Abogados we remind you that there are legal channels and social services to address situations of housing need, which should be prioritized over squatting.

Procedure for recovering possession after the TC decision

Steps to follow for Ceuta property owners

If you are a homeowner in Ceuta and you are facing a situation of illegal occupation of your home, after this ruling the procedure is simplified:

1. Compilation of proof of ownership (deeds, registry notes, etc.).
2. Direct filing of the claim without the need to prove previous ADR attempt.
3. Request for precautionary measures, if applicable.
4. Follow-up of the legal proceedings until effective recovery.

Importance of specialized legal advice

At Sonex Abogados we strongly recommend to have specialized legal advice from the very first moment, since:

• The formal requirements of the claim are still demanding.
• The particularities of each case may require specific strategies.
• Correct identification of the right procedure is crucial for success.
• A procedural error can significantly delay the recovery of possession.

The Occupant's Situation: Legal Considerations

Differentiation between occupancy profiles

It is important to distinguish between different situations that may occur in Ceuta:

• Occupancy of housing due to housing need.
• Occupation as a form of pressure to access public housing.
• Occupation organized for profit.
• Situations of non-payment of rent resulting in occupation.

Each scenario may require different approaches, although the TC ruling simplifies the procedural aspects in all of them.

Criminal consequences of occupation

We recall that, beyond the civil aspects addressed in the sentence, squatting may have criminal consequences, and may constitute:

• Crime of usurpation (art. 245 of the Penal Code).
• Crime of breaking and entering in certain cases.
• Other possible offenses such as damages, fluid fraud, etc.

In Ceuta, where irregular employment and other socioeconomic circumstances can influence these situations, it is essential to know all the legal implications.

The future of possessory proceedings after the judgment

Possible legislative developments

The TC ruling may trigger new legislative developments for:

1. To definitively clarify the procedures for recovery of possession.
2. Harmonize procedural legislation with recent ADR regulations.
3. Establish specific protocols for situations of housing vulnerability.
4. Strengthen legal certainty in the real estate sector.

Pending challenges in the context of Ceuta

In Ceuta, specific challenges to be addressed include:

• Need for a greater supply of public and social housing.
• Specific protocols to address situations arising from the border condition.
• Improved coordination between administrations (local, regional and state).
• Occupancy prevention programs in unoccupied properties.

Conclusion: A step towards real estate legal security in Ceuta

The ruling of the Constitutional Court of January 29, 2025 represents an important step forward for Ceuta property owners, eliminating procedural barriers that could make it difficult to recover possession of illegally occupied property.

This decision, together with other initiatives such as those analyzed in our article on marriages of convenience in Ceuta, reflects a trend towards strengthening legal certainty in various areas.

However, this procedural simplification must be accompanied by public policies that address the root causes of squatting and guarantee the right to decent housing for all Ceutí citizens, in line with constitutional values.

Contact Sonex Abogados

If you are affected by a situation of illegal occupation or need advice on the implications of this ruling of the TC in Ceuta, do not hesitate to contact our team of professionals:

• Phone: +34 956 51 10 10.
• Address: Calle Pedro de Meneses 4 1º D, 51001 Ceuta.

At Sonex Abogados we are at your disposal to offer you the best legal advice in civil, criminal, commercial, administrative and immigration law, always with the closeness and commitment that characterize our firm.