While this procedure is a significant improvement the decision of the préfet to evict it is not constrained to any maximum length of time. This is undertaken by the police, local mairie, or possibly an huissier de justice. If the préfet declines to do so, they must issue a written justification stating either that you have not respected due process or that there is a wider public interest issue ( non-respect de la procédure / motif impérieux d’intérêt général) Īssuming eviction is granted, the notice will be pinned in the notice board at the local mairie and on the property. If they decide in your favour, they will issue an eviction notice ( mise en démure de quitter les lieux). The report is delivered to the préfet – usually again within 24 hours, who is now obliged to give a decision within 48 hours. Contrary to some press reports we have seen, the law does NOT require them to do so within a specific time period, but it cannot be earlier than 24 hours This is a report confirming that they have assessed the complaint and found it to be justified. Typically, once you notice or you are informed your property has been occupied you need to report the fact as a complaint to the local police or gendarmerie, who will complete a ' constat'. This is not a court procedure, but one administered by local authorities. Accelerated Procedure ( procédure accéléré d’évacuation forcée). There are two options open to property owners: Under the new law, the processes are much the same as previously, although (theoretically) with less discretion to the courts and the local prefet. Previously, the legal position of a squat in a second home was, at best, highly ambiguous. Second homes, including flats and caravans, are now clearly defined as having the same squatting protection under law as the primary residence.Eviction can no longer be refused by the court on the grounds that it is the winter truce period - la trêve hivernale.
There is now explicitly no requirement for owners to report the occupation of their property to the authorities within 48 hours of it occurring.Even where such claims may have been fraudulent, investigating them took considerable time and could hugely delay eviction Previously, the law allowed squatters to justify their occupation of a property on their need for shelter. The family and personal circumstances of squatters are no longer material factors in court proceedings.The main changes in the law, effective from 1st January 2021, are: Inevitably, that presumption was exploited by squatters, who could ‘play the system’ to delay eviction for lengthy periods. The police were also frequently slow or reluctant to ask due to the lack of clarity in the law.įrench property laws, and often official sentiment, have traditionally leant heavily towards protecting the rights of the individual against the presumed wealth of property owners and institutions.
As squatters rarely send an e-mail to announce their arrival, and frequently adopt tactics to offer contrary evidence that they have been in the property for more than 48 hours, it could rarely be used. The case highlighted the delays inherent in securing the eviction of squatters, as it normally required a court order, which might take several years to obtain.Įven where a court order was obtained the préfet could refuse to enforce the order if there were extenuating circumstances, eg children.Īn accelerated process was also available, but it was also hugely limited in its capabilities, as it could only be invoked if the owner reported the squat within 48 hours of the illegal occupation. Perhaps the most important of these cases occurred last year, when two septuagenarians who purchased a property in the village of Théoule-sur-Mer on the French Riviera, found the property squatted before they moved in, leaving them homeless. Although the squatting of property is not widespread in France, several high-profile cases in recent years have triggered a change in the law.
0 kommentar(er)
