Law No. 67/2025 – More Protection Against Illegal Occupation of Real Estate

The recent Law n.º 67/2025, of November 24th, significantly reinforces the protection of the right to property in Portugal, focusing on combating the illegal occupation of real estate.

What is the Main Objective of this Law?

The central objective is to reinforce the criminal (penal) protection of property owners against the illegal "occupation" or "invasion" of their property. To achieve this, the Law amends the Penal Code (Código Penal - CP) and the Code of Criminal Procedure (Código de Processo Penal - CPP).

Amendments to the Penal Code (CP): The Crime of Usurpation

The main change lies in the redefinition of the crime of Usurpation of Immovable Property (Article 215.º of the CP):

• Aggravation of the Base Crime: The crime is now punishable even if the invasion or occupation is not carried out by means of violence or grave threat. Previously, these elements were often requirements for the authorities to act, which complicated immediate intervention.
  • Base Penalty (without violence): The occupation or invasion of another person's immovable property, with the intent to exercise a right not protected by law (such as property or possession), is punishable by imprisonment up to 2 years or a fine up to 240 days.
• Aggravating Circumstances:
  • If the acts are carried out with violence or grave threat OR if they involve property destined for the legitimate owner's own permanent dwelling, the penalty is aggravated to imprisonment up to 3 years or a fine.
  • If the agent acts professionally or with intent to profit, the penalty is aggravated to imprisonment from 1 to 4 years.
• Criminal Procedure: The procedure continues to depend on a complaint (queixa) filed by the victim.

Amendments to the Code of Criminal Procedure (CPP): Immediate Restitution

This is the most practically and procedurally relevant amendment, introducing the possibility of a faster reaction:

• Immediate Restitution of the Property: A new clause was added to Article 200.º (Prohibition and imposition of conducts) of the CPP. Now, if there is strong evidence of the crime of usurpation being committed and of the complainant's title to the property, the judge may impose on the defendant the obligation of immediate restitution of the property to the rightful owner, as part of the coercive measures.
  • This means that, under certain conditions, the owner can recover the property at an early stage of the proceedings, without having to wait for the final judgment.
• Public Housing Stock: For properties in the public housing stock used for residential purposes, the Law provides that the entity filing the complaint must assess the socio-economic conditions of the occupants, and may activate social or housing responses and, eventually, waive the complaint in case of voluntary eviction.

Conclusion and Practical Implications

Law n.º 67/2025 represents a clear toughening of the legal position against the illegal occupation of real estate. The removal of the mandatory requirement for "violence or grave threat" for the base crime and the introduction of the immediate restoration of possession by judicial decision (coercive measure) provide owners with a more agile and effective legal instrument in defending their rights.

It is essential that owners and real estate management companies are aware of these changes so that they can swiftly activate the appropriate legal means in case of occupation.

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