Can they squat a motorhome?

Squatting is one of the main fears of those owners with second homes in the places where they spend their holidays. This is a crime intrinsically associated with real estate, but what happens in the case of motorhomes? The Penal Code includes two types of crimes depending on the legal interest protected in each case and, before initiating legal actions, the concept of residence is crucial to discern between one and the other.

First of all, it should be noted that occupation (or squatting) is not a term included in the Penal Code, but rather it is the colloquial way of referring to the act by which a person settles in a home that does not belong to them without the permission of its owner. Secondly, the residence would be the real estate that is used as a residence or habitual residence. The applicable legislation distinguishes between usurpation of housing and burglary, with different nuances and penalties in each case.

Article 245 of the Penal Code defines the usurpation of housing as the occupation of a property, home or attached buildings that do not constitute a residence against the will of its owner. In this case, the protected legal asset is the right to property and it is, therefore, a crime against property. This is a type of crime punishable by a fine of three to six months that, however, identifies the use of violence or intimidation as an aggravating circumstance, with sentences of one to two years in prison, depending on the utility obtained and the damage caused.

On the other hand, the crime of trespassing is included in article 202 of the Penal Code and is defined as entering or staying in another’s home against the will of its inhabitant. The protected legal asset in this case is the inviolability of the home, since the home is understood as a broad concept that concerns not only the interior of the habitual residence, but all places that are part of private life, such as attached buildings. , a tent, a hotel room and, of course, motorhomes and camper vans.

The penalties for trespassing range from six months to two years in prison and increase from one to four years in the event that “the act is carried out with violence or intimidation.” This aggravating circumstance would also entail the payment of a fine of six to twelve months.