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Housing occupied
The squatter eviction procedure is evolving
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
When squatters occupy a dwelling, a procedure can be initiated to obtain their forced removal. In the context of this administrative procedure, the concept of domicile is now clearly extended to secondary residences. Relatives of the person whose home is occupied may themselves take the matter to the prefect. The Law on Acceleration and Simplification of Public Action (ASAP) published on 8 December 2020 in Official Journal has just amended the law establishing the right to enforceable housing (DALO).
In order to obtain the forced evacuation of the squatters from their home, whether or not it is their main residence, the person whose dwelling is squatted, or a person acting on their behalf, must first:
- complain to the police station or gendarmerie about home invasions;
- prove that the dwelling is his or her domicile, for example by means of invoices, tax documents or a certificate provided by a neighbor;
- have a judicial police officer observe that the accommodation is squatted.
The prefect should then be asked to demand that the squatters leave the house. The prefect must now give his decision within 48 hours of receiving the request, even though he was not obliged to do so before. If he refuses to carry out the forced evacuation, he must state the reason for his decision (which may only be based on non-compliance with the procedure or an overriding reason in the public interest), which was not the case until then.
Squatters shall be notified of the formal notice and shall be given a period of performance which shall not be less than 24 hours. It is also displayed in town hall and in the busy places. Where appropriate, it shall be notified to the applicant (the person whose domicile is occupied or any person acting in his interest and on his behalf).
If the squatters have not vacated the premises within the set time limit, the prefect must evacuate the dwelling without delay by the police, unless the applicant has objected.
Please note
In the case of squatters, the winter truce does not apply. Their eviction or forced evacuation can take place at any time of the year.
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