MIL OSI Translation. Government of the Republic of France statements from French to English –
Source: Republic of France in French The French Republic has issued the following statement:
Credits: © Erica Dal Bello – stock.adobe.com
When squatters occupy a home, it is possible to initiate proceedings to obtain their eviction. For this approach, the notion of domicile is now clearly extended to second homes. The relatives of the person whose home is occupied can themselves refer the matter to the prefect, who must issue his formal notice within the prescribed time limits. The law on the acceleration and simplification of public action (ASAP) published on December 8, 2020 in the Official Journal has just amended the law establishing the right to enforceable housing (DALO).
To obtain the forced evacuation of squatters from their home, whether it is their primary residence or not, the person whose accommodation is being squatted, or someone acting on their behalf, must first:
lodge a complaint for home invasion at the police station or the gendarmerie;
prove that the accommodation is his domicile, for example by means of invoices, tax documents, a certificate provided by a neighbor;
have a judicial police officer see that the accommodation is squatted.
You must then ask the prefect to give notice to the squatters to leave the accommodation. From now on, the prefect must render his decision within 48 hours of receiving the request, although he was not previously bound by a deadline. If he refuses to proceed with the expulsion, he must indicate the reason for his decision (for example, a non-respect of the procedure, a risk of threat to public order), which was not the case until there.
The formal notice is notified to the squatters who then have a minimum of 24 hours to leave the accommodation. It is also displayed in town hall and on occupied premises. If necessary, it is notified to the author of the request (the tenant, the owner or the relative).
If the squatters have not vacated the premises within the time limit set, the prefect must have the accommodation evacuated without delay by the police, unless the author of the request is opposed.
Note: In the case of squatters, the winter break does not apply. Their forced eviction or evacuation can take place regardless of the time of year.
EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.