Illegal Occupation of Houses in Portugal: What Changed and How to Protect Your Property

The illegal occupation of houses has become an increasing concern in Portugal, affecting private owners and investors. In recent years, many properties have been unlawfully occupied for long periods, causing financial losses and emotional stress.

With the introduction of Law No. 67/2025, the legal framework was strengthened, providing new tools to protect property owners. This article explains what has changed and how to respond to illegal occupation.

What Is Illegal House Occupation?

Illegal occupation occurs when a person or group uses a property without the owner’s authorization, without a valid contract, and without any legal title.

These situations commonly involve:

• Vacant properties;

• Holiday homes;

• Properties undergoing sale or inheritance processes;

• Homes without regular monitoring.

These situations are popularly known as “squatting” or “okupas”.

Why Has This Problem Increased in Portugal?

The growth of illegal occupation is linked to several factors:

• Lack of affordable housing;

• Increase in vacant properties;

• Slow judicial procedures in the past;

• Previous legal loopholes;

• Exploitation by organized groups.

For many years, these cases were difficult to resolve quickly, leaving many owners without an effective response.

What Changed with Law No. 67/2025?

Law No. 67/2025, published in November 2025, strengthened the protection of property rights by amending the Criminal Code and the Code of Criminal Procedure.

The main changes include:

1. Broader Criminalization

It is now considered a crime to:

• Occupy a property even without violence or threats;

• Attempt to occupy a property;

• Occupy a property for profit or in an organized manner.

2. Increased Penalties

Penalties now include:

• Up to 2 years in prison or a fine in basic cases;

• Up to 3 years in prison when violence is involved;

• Up to 4 years in prison in organized or professional cases.

3. Faster Restitution of Property

One of the main innovations is the possibility to:

• Order the immediate return of the property to the owner,

• Provided there is clear evidence of illegal occupation and proof of ownership.

This allows for significantly faster recovery processes.

How Does the Legal Process Work?

Despite these improvements, the process still requires several essential steps:

1. Filing a criminal complaint by the owner;

2. Analysis by the Public Prosecutor’s Office;

3. Formal request for restitution;

4. Possible judicial intervention.

For this reason, it is still recommended to combine:

• Criminal proceedings;

• Civil proceedings (precautionary measures and ownership claims).

What Should You Do If You Are a Victim of Illegal Occupation?

If your property is illegally occupied, you should:

1. Gather all documentation related to the property;

2. Avoid trying to resolve the situation on your own;

3. Report the situation to the authorities;

4. Seek specialized support;

5. Initiate legal procedures as soon as possible.

A quick response is essential to reduce losses.

The Role of MG Desokupa in Resolving These Cases

MG Desokupa supports property owners in resolving illegal occupation situations through a structured, responsible, and legally compliant approach.

This support includes:

• Case analysis;

• Definition of the best strategy;

• Assistance with legal coordination;

• Mediation when applicable;

• Support until the property is returned.

The goal is to reduce resolution time and minimize the impact on owners.

Contact us to get a quote.

Benefits of the New Legislation for Property Owners

With the new legal framework, property owners benefit from:

• Stronger legal protection;

• Potentially faster procedures;

• Greater deterrent effect;

• Increased confidence in the real estate market.

These changes tend to make Portugal more attractive for investment and rental activity.

Conclusion

Illegal occupation of houses remains a significant challenge, but Law No. 67/2025 represents an important step in defending property rights.

With proper information, swift action, and specialized support, it is possible to deal with these situations more effectively and regain control of your property.

MG Desokupa remains committed to supporting owners in protecting and enhancing their assets.

Frequently Asked Questions (FAQs)

What is illegal occupation of houses?

It is the use of a property without the owner’s authorization and without legal title.

Does the new law allow immediate eviction?

It allows faster restitution, but it depends on the Public Prosecutor’s decision and proof of ownership.

Should I confront the occupants?

No. Resolution should always be pursued through legal channels.

How long can the process take?

It depends on the complexity of the case and may range from weeks to several months.

Does MG Desokupa operate nationwide?

Yes, MG Desokupa operates throughout Portugal.

How can illegal occupation be prevented?

Through regular monitoring, proper property management, and rapid response to risk indicators.