The Spanish Supreme Court has given the green light to cutting off utilities for squatters. The highest judicial authority established legal doctrine in a decision dated 24 June and ruled that the disconnection of utilities by the owner of property in Spain in relation to a person illegally occupying a home, that is, someone without the right of access and use, cannot be considered a coercion offence.
Owners are not required to pay utilities for illegal occupants
The ruling notes that a property owner may cut off utilities or stop paying for them in order not to support “okupas”, or to prevent unjust enrichment, “since the unlawful act of illegally occupying a property would be accompanied by the benefit of using utilities”.
However, according to the court’s interpretation, cutting off utilities is allowed only in cases of illegal occupation or intrusion, but not in cases involving tenants who do not pay rent, since they have a contract that allows them to live in the property.
For lawful occupants, cutting off utilities may be a crime
The Spanish Supreme Court does indeed consider cutting off utilities to be a coercion offence if the person is living in the apartment or house legally.
This ruling concerns the case of a married couple going through divorce proceedings. In the case, the man, who had left the home he shared with his wife, cut off the electricity supply six months later, forcing her to leave.
The court concluded that this conduct clearly falls within the offence of coercion.
Thus, the termination of the electricity supply contract for a home lawfully occupied by the victim, carried out by the accused with the aim of forcing her to leave the family home, was criminal in nature.
The court clarified a disputed issue for future cases
The Supreme Court notes that it had to clarify this issue because provincial courts had issued decisions with different conclusions both in divorce cases and in rental contract disputes.
Moreover, it warned that different positions had even appeared in its own rulings.
The decision includes a dissenting opinion by four judges, who consider that terminating the contract cannot be regarded as “violence”.
For homeowners, buyers and investors, this ruling becomes an important reference point when assessing legal risks related to property management, rentals and the protection of ownership in Spain.
