The housing situation in Catalonia is facing a painful paradox. While legislation struggles to balance the right to access decent housing with the protection of property rights, the reality of eviction proceedings reveals a growing imbalance, fueled by judicial overcrowding, a shortage of public housing, and an inadequate procedural framework.
Since the entry into force of Law 12/2023 on the right to housing and the reforms of Royal Decree Law 1/2025 and Royal Decree Law 2/2025, the obligations of property owners have intensified. However, the mechanisms for repossession have not adapted at the same pace. The courts in Catalonia remain overwhelmed and lack sufficient resources to ensure swift and secure enforcement of rulings.
In this scenario, the role of the attorney is essential to ensure that eviction procedures are carried out efficiently, humanely, and legally. We coordinate with courts, common enforcement services, security forces—with protocols to guarantee the recovery of occupied property—social services—to which we report potential situations of vulnerability—and logistics companies to ensure that each action respects all rights.
When we talk about evictions, we're not talking about abstract figures, but rather about complex human realities. In many cases, the person illegally occupying a home abandons it shortly before the eviction, leaving a chaotic situation that forces the owner to bear the cost of the evacuation. Other times, the occupant remains inside, which entails tense situations, physical risk to the judicial delegation—which includes the court attorney—or even the risk of self-harm or, worse, which also requires adequate mental preparation.
The statistics from the General Council of the Judiciary are conclusive: Catalonia recorded a total of 2,069 evictions in the first quarter of 2025, more than in the same period in 2024, and remained the autonomous community with the highest number of executions. This represents 25.8% of evictions per 100,000 inhabitants, well above the national average of 15.1%.
Evictions arising from the urban rental law continue to be the majority, affected above all by phenomena such as occupation concerns, This combines non-payment of rent with enhanced protection against eviction. Added to this are slow judicial processes, a lack of anticipation of situations of real vulnerability, and a structural shortage of public housing stock, which in Spain barely reaches 3.3%, compared to the European average of 9.3% or 30% in the Netherlands.
In this context, attorneys assume critical functions. We not only represent the enforcing party: we ensure the legality of the process, coordinate with the court to ensure compliance with Article 703 of the LEC, anticipate incidents, and work to ensure the proceedings proceed without surprises. We even sometimes seek alternative storage or furniture storage options to prevent abandoned objects from ending up on public streets.
But our task also involves managing risk: both the risks borne by those physically involved in evictions—solicitors, locksmiths, and technicians—and those faced by the evicted individuals. Their desperation can lead to tragic episodes, violence, threats, or self-harm. That's why we constantly call for the training and coordination of all legal and social workers, as well as for the updating of best practice protocols.
As prosecutors, we know that every eviction hides a complex story. That's why we insist that the solution cannot continue to fall on individuals. A structural public response is needed, including effectively streamlining repossession procedures in court proceedings and increasing the public housing stock, with real coverage for situations of foreclosure. And, above all, strengthening the courts and common enforcement services with more personnel and material resources, and ongoing training for all professionals involved in evictions.
There can be no justice without effectiveness. And there can be no effectiveness without guarantees for all parties. Until this happens, we will continue to see how the protection of the right to housing becomes, in practice, a chain of legal uncertainty for homeowners and social exclusion for those without alternative housing.
The prosecution service will continue to be on the front lines, as a guarantor of compliance with the law, but also as an agent of rationalization and humanity in a system that cannot afford to be overwhelmed for even a minute longer.
