Anti-squat law: what the recent regulations are changing for homeowners

In recent years, the issue of illegal occupation of a home has become a major concern for many homeowners. Second home, home waiting to be sold or property intended for seasonal rental: an unoccupied home can raise concerns about its protection.

French regulations have recently evolved in order to strengthen the rights of owners against squats and to simplify eviction procedures. These measures aim to better protect property rights and to secure real estate, especially in attractive and border areas.

What is a squat under the law?

We speak of squats when a home is occupied by a person without authorization from the owner and without any legal title (lease, occupancy agreement or written authorization).

It is important to distinguish between two situations:

• an unpaid tenant, who remains governed by classical rental law,
• an occupant without rights or title, who falls under the violation of home.

In the second case, it is a criminal offense. The owner has never consented to the occupation and therefore retains all of his rights to the accommodation.

Strengthening criminal sanctions

The legislation now provides for significantly heavier sanctions against illegal occupants of a home.

Introducing or maintaining a property without authorization exposes the occupant to penalties of up to:

• three years of imprisonment,
• A fine of 45,000 euros.

These sanctions also apply to persons facilitating fraudulent occupancy, for example through false rental contracts.

The objective is clearly a deterrent: the illegal occupation of a home is no longer considered as a simple civil situation, but as a direct violation of the right to own property.

An expedited expulsion procedure

The main evolution concerns the speed of intervention.

Now, when the illegal occupation is ascertained, the owner can initiate a specific administrative procedure. After filing a complaint and drawing up a file justifying the ownership of the home, a request can be sent to the prefect.

If the situation is recognized as a squat, the administrative authority may order the evacuation of the home by the police, without waiting for a classic judicial decision. This procedure makes it possible to avoid long and expensive procedures that could previously last several months.

Winter break and illegal occupation

Winter break protection does not apply to occupants without rights or titles.

Unlike tenants with a lease, a squatter can therefore be evicted at any time of the year. This precision is essential for owners of second homes or homes intended for vacation rentals, for whom prolonged occupancy would have significant financial consequences.

What to do in case of illegal occupation?

It is strongly recommended not to intervene yourself. An eviction carried out without legal procedure may result in proceedings against the owner.

Recommended steps

1. Have the illegal occupation confirmed by the police or a judicial commissioner.
2. File a home violation complaint.
3. Provide proof of ownership (title of ownership, invoices, certificates).
4. Contact the prefecture to request the administrative evacuation of the accommodation.

Depending on the situation, the judicial route may remain necessary, but the administrative procedure is now an important lever for acting quickly.

Preventing the risks of occupancy

Prevention remains one of the most effective means of protection.

Measures to be put in place

• securing accesses (adapted locks, reliable locking systems),
• regular home visits,
• visible maintenance of the property,
• regular occupancy of the home, even temporary,
• regular updating of short-term rental access devices.

Focus: seasonal rental

This last point is particularly important in vacation rentals. An access code that is unchanged over a long period of time can be an unnecessary vulnerability. The systematic rotation of codes between each stay is a simple but essential security measure.

Vacation rentals also have an advantage: a home occupied regularly, maintained and monitored is much less likely to be targeted.

Why professional management secures a property

Real estate that is left vacant for long periods of time is more vulnerable. Conversely, accommodation monitored, checked and prepared between each stay benefits from a regular presence.

The advantages of professional management

• frequent visits to the house,
• a continuous check of its condition,
• rapid detection of an abnormal situation,
• immediate reactivity.

In dynamic areas such as the Pays de Gex, where many owners live remotely, this framework provides additional security.

Conclusion

Recent regulatory developments mark a clear strengthening of homeowner protection. Penalties are more dissuasive and the expulsion procedure faster when illegal occupation is proven.

However, the best protection remains vigilance and presence around the home. A well-maintained, monitored and regularly occupied one is naturally less exposed.

Rental management and regular monitoring of housing thus contribute not only to its valuation, but also to its security.