The approval of Law No. 67/2025 at the end of last year marks a significant moment in the legal and social debate surrounding the unlawful occupation of property in Portugal, commonly referred to as “squatting”. For many years, property owners, legal practitioners and policymakers have faced a legal framework perceived as slow and ineffective in restoring legality, particularly in cases of recent occupations carried out without any legal title or lawful basis.
The new law therefore emerges as a response to an increasingly visible reality, in which the abusive occupation of property has come to be regarded not only as a social issue, but also as a source of legal uncertainty. Through this legislation, the legislature sought to strengthen the protection of property rights by clarifying procedures and reducing areas of legal ambiguity that had, until now, allowed unlawful situations to persist.
The law makes it clear that the consolidation of an unlawful occupation merely through the passage of time cannot be accepted in a State governed by the rule of law. By reinforcing mechanisms that allow owners of real estates to react more swiftly, the lawmaker aims to prevent procedural delays from functioning, in practice, as an incentive to abusive occupation.
From a practical perspective, Law No. 67/2025 expressly strengthens the criminal protection against unlawful occupation of property, detailing the applicable sanctioning regime. Specifically, occupation without lawful title is now clearly classified as a criminal offence, punishable by up to three years’ imprisonment or a fine. The law also provides for aggravated criminal liability where the occupation is carried out with violence, threats, forced entry, or through organized or group action.
In addition to the criminal dimension, the law introduces mechanisms intended to enable faster restitution of the property to its legitimate owner or possessor, namely by clarifying the conditions under which police authorities may intervene in cases of recent and manifestly unlawful occupation, without the need to await, at an initial stage, a final court decision.
By removing doubts as to the possibility of immediate action where there is no title or consent, the law seeks to prevent the mere passage of time from consolidating illegal situations. In short, the law aims to better deter unlawful conduct and more effectively protect property rights.
In conclusion, Law No. 67/2025 of 24 November sends a clear signal that the Portuguese legal system no longer tolerates grey areas in matters relating to the unlawful occupation of property.