New squatting laws in Italy: proposed penalties

A new law on squatting is to be introduced in Italy, with severe penalties for those who illegally settle in someone else's home. The government has approved amendments to the country's "Security Bill" (known in Italian as the "DDL sicurezza"), introducing a new type of offence in the Penal Code. Article 634-bis will penalise those guilty of illegal occupation of a property intended for someone else's residence, with penalties ranging from 2 to 7 years in prison.

The rise of squatting in Italy

The decision to introduce a new type of offence aimed at punishing those who wrongfully appropriate someone else's home arises from the recognition of an increasing phenomenon: that of illegal occupation of homes i.e. squatting.

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According to data collected in 2023 by Federcasa, there are over 50,000 illegally occupied properties across Italy, divided into 30,000 public housing units and 20,000 belonging to private individuals. This is an alarming statistic, highlighting a problem that exacerbates the housing crisis as it negatively impacts various factors:

• Occupied public properties cannot be allocated for other purposes, such as being handed over to the rightful beneficiaries of social housing.
• Private properties cannot be used, sold, transferred to third parties, or rented out by their legitimate owners.

With the new Security Bill, the government has decided to address this phenomenon by establishing a new offence—illegal occupation—and by reducing the timeframe for evictions.

What are the risks of illegal occupation of a property?

The issue of illegal occupation of properties is certainly not new. Indeed, Article 633 of the Penal Code has always provided for a penalty of up to 3 years' imprisonment—and a fine ranging from €103 to €1,032—for anyone who decides to invade someone else's land or building. However, with the new Security Bill, there has been an effort to strengthen both the deterrent effect of the law and the consequences of illegal acts by introducing a specific type of offence in Article 634-bis.

What does the new article on illegal occupation state?

The new regulations outlined in the Security Bill impose stricter penalties for those who wrongfully appropriate other people's properties or state-owned buildings.

Article 634-bis of the Penal Code, introduced by Article 10 of the Security Bill, explicitly punishes:

• Anyone who, by means of violence or threat, occupies or holds without title a property intended for someone else's residence or its appurtenances, preventing the return of the owner or the person legally in possession.
• Anyone who appropriates someone else's property or its appurtenances through deception or trickery.
• Anyone who transfers the occupied property to others.

The new offence carries a prison sentence of 2 to 7 years, depending on the severity of the abuse committed. Furthermore:

• Prosecution is mandatory when the occupation affects a person who is incapable, due to age or infirmity.
• There are aggravating factors if the occupation involves multiple individuals or the use of weapons.
• There is a possibility of sentence reductions if the occupant voluntarily vacates the property within 30 days of the occupation or following a notice to vacate.

What does the new article on evictions state?

One of the longstanding challenges authorities face when managing illegally occupied properties is certainly the eviction of occupants. In some cases, the timeframe for intervention following a judge's order has been significantly prolonged, thus extending the wait for owners eager to regain legitimate possession of their property.

To expedite this process, the Security Bill has introduced another new article to the Penal Code: Article 321-bis. This article allows law enforcement to intervene swiftly to evict occupied properties, even within 10 days of the judge's indication.

When will the new regulations come into force?

But when will the new regulations come into force, and consequently, the new offence of illegal occupation of homes? As already mentioned, the Security Bill has been approved, but its legislative process has not yet concluded.

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It is indeed necessary for the bill to be discussed in the Senate: if approved, it will be submitted for the signature of the President of the Republic and published in the Official Gazette, thus becoming law in all respects.

How to report the illegal occupation of your property in Italy?

But how does one report the illegal occupation of their property? While waiting for the bill to become law, and consequently for the introduction of the new mandatory prosecution for eviction mentioned in previous sections, a specific process must be followed.

Firstly, it is essential to gather evidence of the actual occupation of your home. Among the various methods, one can resort to:

• Photographs and video footage that document the violation.
• Testimonies from neighbours or other residents in the building.

At this point, one can proceed to file a report with the law enforcement authorities—either the Police, Carabinieri, or even the Public Prosecutor's Office. In addition to the evidence, it will be necessary to provide as much detailed information as possible regarding when the occupation occurred—usually corresponding to the date when the abuse is first noticed, or, if earlier, based on the neighbours' testimony—and about the identity or characteristics of the occupiers.

At the same time, while the law enforcement authorities initiate the appropriate investigations, one can begin a civil action to request the eviction of the squatted property by approaching the court. Depending on the circumstances, it may be necessary to undertake:

• A claim action, as provided for in Article 948 of the Civil Code, to prove one's ownership rights over the property.
• An action for recovery of possession, as provided for in Article 1168 of the Civil Code, requesting the judge to free the property.

The procedure can also be quite complex, so it is advisable to seek assistance from a trusted lawyer. Furthermore, if the occupation is carried out by a delinquent tenant who refuses to vacate the property despite the termination of the rental agreement, it is possible to request the court to proceed with the executive eviction of the premises.