On May 20, 2015, senators introduced a bill aimed at strengthening the protection of property rights. This bill, which seeks to combat the unauthorized occupation of real estate, is structured around two main objectives. Firstly, it aims to prevent such situations, and secondly, it intends to establish a procedure in cases of unauthorized occupation.
The bill stipulates that, from the date of its entry into force, any occupation of a building free of charge must be formalized by an agreement signed between the occupant and the property owner. This agreement must include a commitment from the occupant to maintain the building, while the owner must commit to providing suitable housing.
The bill also outlines the termination of unauthorized occupation. When an occupant wishes to vacate the premises, they must notify the owner by registered letter with acknowledgment of receipt and must vacate the building within thirty days of the date of receipt of the letter. Similarly, when the owner intends to regain possession of their property, they must notify the occupant by registered letter with acknowledgment of receipt. The occupant will then have thirty days from the date of dispatch to vacate the premises. After this period, the owner may initiate the legal proceedings provided for by the law establishing the enforceable right to housing (DALO law), extended to include unauthorized occupation.
The second part of this proposed law essentially consists of extending the DALO law to cases of unauthorized occupation. The owner, tenant, or occupant free of charge may therefore appeal to the prefect to issue a formal notice to the occupant to vacate the premises. This occupant may be sentenced to one year in prison and a fine of €15,000. The text also aims to establish a 48-hour period, starting from the moment the owner, tenant, or occupant (even if free of charge) discovers the occupation by a third party, to have the offense officially recorded by a judicial police officer. If a judge confirms the unauthorized occupation, and at the owner's request, the prefect may use force to evict the unauthorized occupant from the property.
In the same vein, a bill was introduced on May 28, 2015, which seeks to extend to seven days, instead of 48 hours, the period during which the offense of illegally occupying someone else's home can be officially recorded (Article L 226-4 of the Penal Code, allowing for immediate eviction).
