In the event of illegal occupation of your property, it's vital to be proactive. Woe betide any owner who isn't! French law protects squatters by allowing them to invoke the law of domicile after 48 hours of occupation. There is, however, an exception when the property in question is the owner's principal residence.
The legislator has put in place a simplified eviction process in the event that third parties illegally occupy your principal residence, without the 48-hour period leading to a blockage.
The owner can apply directly to the Prefect for the forces of law and order to put an end to the occupation.
Fortunately, this is a fairly rare occurrence. In fact, squatting mainly concerns second homes or investment properties intended for rental.
Although squatting in a main residence is rarer, the consequences are much more serious.
The procedure with the prefecture
The efficiency and simplicity of the procedure means that owners can quickly regain possession of their principal residence, even if they take steps beyond the 48-hour period after taking illegal possession of the premises.
For the police to take action, the documents proving ownership of the illegally occupied property must be sent to the prefecture by registered post.
This procedure is set out in article 38 of the law of 5 March 2007, which states that the owner or tenant may apply to the prefect to order the occupier to vacate the premises, if the occupier has entered and remained in another person's home using manoeuvres, threats, assault or coercion. A complaint must first be lodged and proof provided that the property is the applicant's home. In addition, a police officer must have duly noted the squatting situation.
The squatters are notified of the formal notice issued by the Prefect. The document is then posted in the town hall and on the premises illegally occupied. The formal notice specifies a deadline for compliance, which will result in the forced eviction of the dwelling if the deadline is not met.
It should be noted that following the recent case of "Maryvonne", an octogenarian who was the victim of squatters, MP Julien Aubert tabled a bill to create an offence of occupation without right or title. In addition, the prefect would be obliged to carry out an eviction by the public forces within 48 hours.
