The latest anti-squatting law strengthened the rights of owners. Administrative procedure, judicial eviction, criminal sanctions: here are the rules applicable in 2026 to the illegal occupation of housing.
L’illegal occupation of housing (or “squat”) is a real scourge that owners fear being faced with. A profound legislative evolution of 2023 (Law No. 2023-668 of July 27, 2023) was put in place to protect housing against squatting. Between penal toughening, extension of administrative evacuation proceduresn and new reform projects, the legal regime for the fight against squatting has changed considerably. In 2026, owners will have more effective tools to recover their property.
Squat: an occupation without rights or title
THE squat is defined as the occupation of premises without authorization from the owner and without legal title allowing one to remain therer. L’entry into the premises by the squatter must be carried out by a intrusion obtained by break-in, threat, violence, coercion or fraudulent maneuver. “Maneuvers” can consist of the fraudulent use of a duplicate key, the changing of a lock after an irregular entry, the breaking of doors or locks, climbing a fence, the intrusion of an owner into his tenant’s home with an illicitly kept key, etc.
All irregular occupations do not legally fall under squatting. This distinction conditions the applicable procedure. Thus, the tenant who remains in the premises after the termination of his lease, the occupant accommodated free of charge who refuses to leave or the unscrupulous sub-tenant are not automatically qualified as squatters. Their entry into the premises having initially been authorized, the administration generally considers that the element of fraudulent intrusion is lacking.
In these “non-squat” hypotheses, the accelerated administrative procedure, applicable in the event of squatting, is excluded. The owner can only initiate a classic legal action of eviction before the protection disputes judge. © Magnific
The “anti-squat” law of 2023: a major turning point
Adopted in a context of high media coverage of certain cases, the law of July 27, 2023 profoundly strengthened the protection of owners of squatted housings. THE squatting is illegal. The Penal Code therefore punishes this attack on the home in article 226-4. Since the law of July 27, 2023the concept of domicile has been broadened: it now includes any residential premises containing movable property belonging to a person, whether or not it is their main residence, whether this person lives there or not. No distinction is made between a primary or secondary residence. Thus, since this law, a second home, a vacant accommodation between two rentals or a property in the process of inheritance can benefit from this protection.
There violation of home as well as unlawful retention in the home after the intrusionSince 2023, they have been punished with three years’ imprisonment and a fine of 45,000 euros, compared to one year and 15,000 euros previously.
Concerning residential (other than home), commercial, agricultural or professional premises, article 315-1 of the Penal Code also punishes fraudulent occupation. Introduction into these places by maneuver, threat or coercion now exposes the perpetrators to two years of imprisonment and a fine of 30,000 euros. THE squatting is therefore more severely punished when the occupied premises is the home.
The legislator also created new offenses including the offense of theft of identity of owner. Any person falsely claiming to be the owner of a property in order to rent it faces three years of imprisonment and a fine of 45,000 euros (article 313-6-1 of the Penal Code). There law finally sanctions incitement to squat. Thus, the dissemination of methods (advertising, propaganda, etc.) intended to encourage the illegal occupation of housing can result in a fine of 3,750 euros.
Be careful, an owner must not take justice into his own hands by forcing squatters to vacate the accommodation. He then risks three years of imprisonment and a €30,000 fine (article 226-4-2 of the Penal Code). © Magnific
An expanded accelerated administrative procedure
The main practical contribution of the 2023 reform lies in the possibility of initiating the administrative evacuation procedure For react to a squat situation. An owner – or a person acting on behalf of the owner – can request the intervention of the prefect for their main residence, a secondary residence, vacant accommodation or a property between two rentals.
To initiate this procedure, three cumulative conditions must be met:
– file a complaint with a police or gendarmerie station;
– Establish your right to housing (title of ownership, invoices, tax documents, certificates, etc.);
– Establish illegal occupation by a judicial police officer, a mayor or a justice commissioner – in practice, the report of the justice commissioner often remains the most effective solution.
Once the file has been transmitted, the prefect theoretically has 48 hours to make a decision. He can accept or refuse. If he accepts the request, he orders the squatters to vacate the premises within a minimum period of 24 hours when it concerns the applicant’s home, or seven days in other cases. In the absence of voluntary departure within this period, the State representative in the department must proceed without delay to theevacuation of the accommodation with the public force. If the prefect refuses the request, the owner can contest this decision in summary proceedings, either before the administrative court or before the judicial judge as part of an eviction procedure.
Despite this accelerated mechanism, owners frequently come up against the caution of prefectures. The prefect retains significant discretionary power and can refuse evacuation when he considers the evidence insufficient – no complaint, no finding of illegal occupation, no evidence of break-in, etc. – or invokes a reason of general interest.
The personal situation of the occupants is also taken into consideration: the presence of children, state of health or social vulnerability may lead to a delay in intervention.
In fact, many administrative procedures extend over several weeks or even months. © Magnific
The legal procedure: often unavoidable
When the administrative procedure fails or is not applicable, the owner must contact the judge to be able to evict the squatters.
The three cumulative conditions cited above are also necessary within the framework of the legal procedure: filing of a complaint, proof of ownership, recognition of illegal occupation. The action is generally brought in summary proceedings before the protection litigation judge with the assistance of a lawyer.
After the judicial decision of expulsionan order to leave the premises is issued by a justice commissioner, at the request of the owner. If the squatters nevertheless remain in the premises, the prefect may be asked to grant the assistance of the public force in order to evacuate them from the accommodation.
The delays in the legal procedure are long: between 6 months and up to 2 or 3 years in the event of appeal of the decisions rendered and appeals by the occupants.
Finally, it should be noted that, unlike tenants evicted under a residential leasesquatters do not benefit from the winter break. Their evacuation can take place at any time of the year, including between November 1 and March 31.
The case of tourist rentals: a persistent legal flaw
Short-term rental platforms have brought new difficulties to the surface: some occupants legally reserve accommodation then refuse to leave it at the end of their stayr. However, their entry into the premises having been authorized, theadministration often considers that it is not a squat in the criminal sense. The owner must then initiate legal proceedings, without being able to benefit from rapid administrative evacuation. In order to fill this legal inconsistency, a bill was tabled on November 28, 2025.
To date, the outcome of this bill is uncertain.
