Portugal's New Anti-Squatting Laws Enables 48h Evictions & Potential Jail Time

Visitors leafing through Portuguese headlines this summer will notice a theme: the country is preparing to rewrite the rule-book on squatting. Three separate bills—backed by a comfortable right-of-centre majority—promise prison terms of up to five years and, in some scenarios, the removal of occupants within 48 hours. Critics warn that the rush for speed may trample constitutional safeguards, yet momentum in Lisbon is unmistakable.

Why the issue exploded in 2025

Portugal’s property market has been a magnet for foreign buyers, digital nomads and returning emigrants, but the same boom has pushed rents and prices well beyond local wages. When homes sit empty for months, opportunistic occupants move in, and the resulting legal battles can drag on for years. Police data are patchy, but media reports from Faro to Loures show a steady trickle of incidents, often involving holiday apartments purchased by non-residents.

What MPs approved last week

During a marathon late-night sitting, lawmakers advanced three overlapping proposals. The centre-right PSD targets the very act of entering and staying in someone else’s dwelling, creating a new offence punishable by up to two years in jail—longer if violence, permanent residence or profit-seeking is proven. Attempted entry would also become a crime.

A 48-hour clock from Iniciativa Liberal

The liberal bench went further. Its bill orders courts to authorise eviction within two days whenever ownership is clear, and raises maximum jail time for “usurpation” from one to three years, climbing to five if force is involved. Police would gain the right to identify suspects inside private spaces—something the current code allows only on the street.

Chega pushes the same deadline, with sting

The nationalist Chega party echoed the 48-hour target but added a twist: summary trials and a one-third increase in sentencing whenever gangs or profit motives are detected. Immediate removal would be possible when the offence is caught in the act.

How the vote lined up

PSD, Chega, IL and the centrist CDS closed ranks, while the governing Socialists offered selective support, endorsing the PSD text but voting against the IL and Chega versions. Left-wing parties Livre, PCP, BE and PAN rejected all three, branding them “populist” and “ineffective” during floor speeches.

The law as it stands today

For now, owners facing an unwanted occupation must file in civil court or use the Special Eviction Procedure, a route designed for broken leases, not open squats. Even fast-track cases frequently exceed 6 months, leaving many landlords paying legal fees from abroad while strangers live inside their properties.

How neighbours handle squatters

Spain, France and Italy have already armed police with rapid-response tools. Madrid’s 2025 reform enables eviction in 48 hours if the owner reports immediately; Paris gives prefects similar authority; Rome introduced a “decreto sgombero lampo” allowing release of the dwelling within two days. Portuguese lawmakers cite these precedents repeatedly, arguing that Lisbon risks becoming a soft target.

Constitutional clouds on the horizon

The Ombudsman has previously criticised blanket deadlines that ignore vulnerable families, and legal scholars remind MPs that Article 65 of the Constitution enshrines the right to housing as well as property. The Order of Lawyers has not yet issued a formal opinion, but practitioners expect a referral to the Constitutional Court once the final text is drafted.

Next steps in the legislative maze

Bills now enter committee for line-by-line changes. If a consolidated version emerges, a final plenary vote could come after the summer recess, followed by presidential promulgation or veto. Implementation would still depend on additional police budgets and digital court platforms promised—but not yet delivered—under Portugal’s Recovery Plan.

What foreign owners should do now

Until any new statute takes effect, prevention remains the safest strategy. Lawyers advise registering utilities in the owner’s name, installing smart alarms, and keeping local neighbours informed of absences. Should an occupation occur, prompt police reporting—and copies of the property deed—remain essential.