Squatting: a growing concern among property owners

According to this survey, 92% of property owners know precisely what squatting is, yet 80% consider it unlikely that their own property could be affected. These figures reveal a form of underestimation of the risk. It's worth noting that 15% of property owners have already been directly or indirectly confronted with a squatting situation.

Legislation that does not adequately protect property rights

For the UNPI (National Union of Property Owners), while the 2023 Kasbarian-Bergé law has brought about significant progress, the legal framework remains imperfect and does not, at this stage, guarantee fully effective and consistent protection for property owners across the country. Squatting cannot be reduced to a simple landlord-tenant dispute: it constitutes an illegal intrusion into private property, experienced by owners as a brutal dispossession of their homes and a direct infringement on their property rights.

On this occasion, the UNPI formulated several proposals:

• Reversal of the burden of proof

The 2023 Kasbarian-Bergé law requires the victim to demonstrate the existence of "maneuvers, threats, acts of violence, or coercion" on the part of the squatter. The UNPI (National Union of Property Owners) demands that the burden of proof lie with the accused to demonstrate that they possess a legal title.

• Better regulation of certain squatting cases

Some cases (for example, occupation after booking on a platform offering furnished tourist accommodation) still escape a clear qualification of "squatting", which poses practical difficulties in applying the law.

• Make administrative expulsion automatic

Today, the prefect makes their decision "after considering the personal and family situation of the occupant." Some prefects may use this open-ended condition to refuse to issue eviction notices to squatters when a landlord or tenant urgently needs to reclaim their property.

• To prevent any legal action by the squatter against the owner

Under current law, a squatter can take legal action against the owner for lack of maintenance or in the event of an accident.

• Create an automatic right to compensation for the owner by holding the State financially responsible in case of inaction when it does not proceed with the evacuation within the legal deadlines.

Better information for better protection

For Verisure, the findings of this study highlight the urgent need to better inform homeowners about their rights, existing procedures, and the best practices to adopt in the event of squatting. Prevention remains a key strategy: a properly secured property that appears occupied and monitored is one of the most effective ways to deter illegal intrusions and limit the risk of squatting.

Illustrative image of the article via Depositphotos.com.