On May 20, 2015, senators tabled a bill to strengthen the protection of property rights.
This text, which aims to fight against the occupation without right or title of real estate, revolves around two axes. It aims on the one hand to prevent these situations and intends on the other hand, to organize a procedure in the event of occupation without right or title. The text thus provides that from its entry into force, any occupation of a building free of charge must be the subject of an agreement signed between the occupant and the owner of the building.
This agreement must contain the occupant's commitment to maintain the building while the owner must undertake to provide decent housing. The bill organizes the end of gratuitous occupation.
When the occupant wishes to leave the premises, he must notify the owner by letter with acknowledgment of receipt and must leave the building within thirty days from the date of receipt of the letter. Similarly, when the owner intends to regain enjoyment of his property, he must notify the occupant by mail with acknowledgment of receipt, the latter will then have a period of thirty days from the date of sending the mail to leave the building. Beyond that, the owner may engage the device provided for by the law instituting the enforceable right to housing (DALO law) extended to occupation without right or title. The second part of this bill essentially consists in extending to occupation without right or title the system provided for by the DALO law.
The owner, tenant or occupant free of charge may therefore appeal to the prefect to give notice to the occupant to leave the premises. This occupant may be sentenced to one year in prison and a fine of 15,000 euros. The text also aims to establish a period of 48 hours from the moment the owner, tenant or occupant free of charge notices the occupation by a third party, to have the flagrante delicto noted by a judicial police officer. . In the event of a finding of untitled occupation by a judge and at the request of the owner, the prefect may resort to public force in order to dislodge the occupant without right or title of this building. It should be noted, in the same spirit, the filing of a bill on May 28, 2015 which tends to extend to 7 days instead of 48 hours the period during which flagrante delicto of unlawful occupation of the home of a others (art. L 226-4 of the Penal Code, allowing immediate expulsion.
