Updated: March 2026
Is your property occupied without your consent? Are you worried that the process to recover your property may be long and uncertain?
The anti squatting law 2026 strengthens the protection of property owners and clarifies administrative and judicial intervention procedures. The anti squat procedure 2026 and the rules related to article 38 DALO 2026 are detailed here. You will find the steps to follow, timelines, required evidence, estimated costs, a 24 to 48 hour checklist and a practical example with figures.
Contact your local real estate advisor for tailored support with all your buying or selling projects.
Understanding the framework: definition and scope of the anti squatting law 2026
The anti squatting law 2026 targets the occupation of a property without legal right or title. It distinguishes between criminal, administrative and judicial procedures. The reference texts include article 315-1 and article 226-4 of the French Penal Code, as well as the provisions of article 38 of the DALO law. For compensation procedures, decree no. 2025-1052 specifies evaluation and procedural rules.
Squatting may concern a main residence, a secondary residence, a vacant property or commercial premises. The legal classification depends on the circumstances such as forced entry, deceptive actions or continued occupation without a contract. The distinction between a squatter and a delinquent tenant is crucial. A tenant holding a lease generally falls under judicial eviction procedures. An occupant without legal title may, if the conditions are met, be subject to the accelerated administrative procedure.
Good to know: the winter eviction moratorium no longer automatically blocks the eviction of an occupant who entered without legal right or title. However, social and family circumstances may still lead the prefecture to moderate enforcement.
What is squatting in 2026?
Squatting is defined as the unlawful entry and continued occupation of residential or professional premises without the owner's consent. Illegal entry may occur through forced entry, deception or coercion. Articles 315-1 and 226-4 of the Penal Code regulate these offences. In practice, proof of unlawful entry often relies on visible evidence such as a changed lock, damaged doors, signs of forced entry or witness statements.
Short examples include forced entry into a secondary residence, occupation of a vacant property, or remaining in a property after the end of a short term rental stay. Each case requires a factual assessment to determine the applicable procedure.
Squatter vs tenant: legal definition and distinction
A delinquent tenant currently holds or previously held a lease agreement. Their eviction falls under the authority of the court and follows civil eviction procedures. A squatter is a person occupying the property without legal right or title. In this case, the accelerated administrative procedure may be possible if conditions are met.
Three common situations
Tenant staying after the end of a lease: judicial procedure through summary proceedings
Person accommodated free of charge who refuses to leave: judicial procedure
Intruder who entered through forced entry: accelerated administrative procedure possible
Important: never take matters into your own hands. Any forced eviction carried out by the property owner may lead to legal prosecution. When in doubt, contact a specialized lawyer and your local real estate advisor.
Key changes introduced by the anti squatting law 2026
The 2026 reform extends and complements the 2023 reform introduced by the Kasbarian law. It clarifies several practical points and accelerates certain procedures. Among the key changes are the partial removal of the winter eviction moratorium for squatters, the extension of article 38 DALO, strengthened powers for prefectural authorities and clearer compensation procedures under decree no. 2025-1052.
In practical terms, a request submitted to the prefecture may in principle receive a response within 48 to 72 hours. A formal notice may then require voluntary departure within 24 hours. If the occupants refuse to leave, forced evacuation may follow. At the same time, criminal sanctions remain severe and the confiscation of property used for illegal occupation may be ordered.
Source: for legal texts and the decree, consult Legifrance and the official pages of the French Ministry of the Interior.
Partial removal of the winter eviction moratorium for squatters
The winter eviction moratorium no longer automatically protects occupants who entered without legal right or title. Evictions may therefore occur at any time of the year when unlawful entry is established. However, the prefecture must still assess the personal situation of the occupants. Exceptions may apply in cases involving vulnerable individuals or specific judicial decisions.
Consult the practical guide from the Ministry and the Service public website for detailed conditions and exceptions. When in doubt, legal assistance from a specialized lawyer is recommended.
New anti squatting law in France: expanded scope and role of article 38 DALO
Article 38 DALO has been extended. It now covers secondary residences, certain vacant properties and, in some cases, commercial and professional premises. This extension allows more property owners to request the accelerated administrative procedure when the occupation occurs without legal right or title.
However, certain exclusions remain. The administrative procedure does not apply when the occupant is or has been the holder of a lease governed by the law of July 6, 1989. In such cases, judicial eviction procedures remain the standard. The prefect retains significant discretionary authority before issuing any eviction decision.
Accelerated administrative procedure against the squatting of a house or apartment
The accelerated administrative procedure is often the fastest option. It begins with a complaint for violation of domicile, followed by confirmation of occupation by the police or by a bailiff, and finally the submission of a request to the prefect. If the legal conditions are met, the prefect may issue a formal notice followed by forced eviction.
The theoretical timelines are short. In practice, they vary depending on the prefecture and the quality of the submitted file. An incomplete file systematically delays the process.
Conditions and documents required to contact the prefect
Documentation checklist
Property title or notarial deed
Tax notice issued in the owner’s name
Utility bills and correspondence proving use of the property
Police or gendarmerie report
Bailiff report and dated photos or videos
Proof of unlawful entry such as lock replacement or forced entry
If access to the property is impossible, the prefecture may request information from tax authorities to confirm ownership. Send the request by registered mail or electronically with acknowledgement of receipt. Keep all supporting documents and confirmation of submission.
Steps: complaint, report, formal notice, eviction
Recommended timeline
Day 0: occupation confirmed by police and complaint filed
Day 0 to Day 2: bailiff report and collection of ownership documents
Day 2: submission of the request to the prefect
Day 4 to Day 7: prefectural decision, formal notice, voluntary departure within 24 hours then forced eviction if necessary
In practice, adapt these timelines according to the prefecture and the complexity of the situation. To save time, obtain a bailiff report immediately and seek support from a lawyer.
Judicial eviction procedure
Judicial procedures apply when the administrative process is not possible or fails. This is typically the case for former tenants or individuals occupying the property free of charge. The judicial eviction process includes summary proceedings, a summons served by a bailiff and a formal order to leave the premises.
After a court decision, the judicial officer may request police assistance from the prefecture. If assistance is refused, the owner may submit a compensation claim. Decree no. 2025-1052 establishes evaluation rules and a two month liability period for the State.
When and how to initiate summary eviction proceedings
Summary proceedings are an emergency procedure before a summary judge. A lawyer prepares the request based on the bailiff report and proof of ownership. The judge may issue an enforceable order within several weeks depending on the court’s schedule.
An enforceable order allows the bailiff to serve a formal order to vacate the premises. If the occupants fail to comply voluntarily, the bailiff will request police assistance for eviction.
Order to vacate, bailiff and police assistance
The bailiff serves the order to vacate and prepares the required legal documents. For enforcement, the bailiff requests police assistance from the prefecture. If the request is approved, law enforcement officers carry out the eviction.
If the prefect refuses to grant police assistance, the owner may request compensation under decree no. 2025-1052. If the prefecture fails to respond, silence after two months is considered a rejection and allows the owner to bring the matter before the administrative court.
Evidence, documentation and practical realities: act quickly and effectively
The success of the procedure largely depends on the quality of the file. Prioritize the following documents: property title, police report, bailiff report, and dated photos or videos. Do not wait. Each day of occupation complicates the situation.
Common mistakes include waiting too long before filing a complaint, submitting an incomplete file, or attempting eviction personally.
Contact a bailiff and a specialized lawyer quickly. A complete file significantly accelerates prefectural or judicial decisions.
Theoretical timelines vs real timelines and how to reduce delays
In theory, the prefecture decides within 48 to 72 hours. In practice, timelines range from a few days to several weeks. Delays are often caused by incomplete documentation, difficulties identifying occupants or the social situation of the individuals involved.
To reduce delays, anticipate document collection, request legal assistance for drafting the prefectural request and coordinate actions with a local advisor. A well prepared file increases the likelihood of a rapid decision.
Costs and financial coverage: how much does an eviction cost?
Estimated cost ranges
Bailiff report: €150 to €700 depending on the act
Bailiff fees for formal notices and service: variable
Real estate lawyer: €600 to €2500 depending on complexity
Security services, repairs and other expenses: depending on the situation
Loss of rental income is calculated based on the property’s rental value and may be included in a compensation claim. Decree no. 2025-1052 specifies evaluation methods and the possibility of settlement agreements with State subrogation.
Special cases, prevention and operational checklist
The law applies to many situations including short term rentals such as Airbnb squatting, mobile homes, commercial premises, new developments, life annuity properties and luxury real estate. Evidence requirements and strategies vary depending on the case. For example, short term rentals may complicate proof of unlawful entry.
Recommended preventive measures
Install certified security locks
Schedule regular property visits
Use mail collection or property monitoring services
Verify tenants carefully and include preventive clauses in lease agreements
Purchase landlord insurance with legal protection
Immediate action checklist for the first 24 to 48 hours
Do not enter the property or attempt eviction yourself
Call the police or gendarmerie and request an official report for violation of domicile
Ask a bailiff to prepare a report with dated photos or videos
Collect property documents such as title deed, tax notice and utility bills
Submit the file to the prefecture if conditions are met or contact a lawyer if the situation is unclear
Contact a local Optimhome real estate advisor if you have any questions regarding your property
Practical example
Scenario: squatted secondary residence
Timeline
Day 0: discovery and complaint filed
Day 0: bailiff report with estimated cost of €400
Day 1: preparation of documentation including property title, tax notice and dated photos
Day 2: request submitted to the prefecture
Result: theoretical decision within 48 to 72 hours but in practice intervention often occurs within 10 to 21 days.
Estimated costs: bailiff €400, lawyer €1200, loss of rental income for three months at €1800 per month equals €5400. If police assistance is refused, a compensation claim may be submitted under decree no. 2025-1052.
Mobilize a bailiff, lawyer and local advisor as soon as the situation is discovered to maximize the chances of rapid property recovery and compensation.
Contact a local real estate advisor to secure your property project
A local Optimhome real estate advisor is your preferred contact and local expert to successfully manage your buying or selling project. Contact your Optimhome advisor for personalized operational support.
Conclusion
The anti squatting law 2026 strengthens legal tools available to property owners facing illegal occupation.
The distinction between a squatter and a tenant remains essential to choose the correct procedure.
Acting quickly and preparing a complete file are key factors in accelerating eviction procedures.
Theoretical timelines exist but actual practice varies depending on prefectures and case complexity.
Prevention and local support from advisors, bailiffs and lawyers help limit risks and costs.
If police assistance is refused, decree no. 2025-1052 organizes the evaluation and compensation process for owners.
To secure your property and successfully complete your buying or selling project, contact a local Optimhome real estate advisor.
Are you considering selling your house or would you like to know its current market value? Start with a quick and free online property valuation.
FAQ
How does the prefectural procedure under the anti squatting law 2026 work?
The procedure begins with a complaint for violation of domicile and the submission of a complete file to the prefect including the property title, police report and bailiff report. The prefect normally decides within 48 to 72 hours. If eviction is ordered, a formal notice is issued followed by forced evacuation if necessary.
Does the winter eviction moratorium still protect squatters in 2026?
No for occupants who entered without legal right or title. The winter moratorium does not automatically block eviction of squatters, although social circumstances may delay enforcement.
What is the difference between a squatter and a delinquent tenant in 2026?
A delinquent tenant holds a lease and falls under judicial eviction procedures. A squatter occupies the property without legal right or title and may be expelled through the accelerated administrative procedure if conditions are met.
What are the average timelines to evict a squatter in 2026?
Theoretically the prefectural decision occurs within 48 to 72 hours. In practice timelines range from a few days to several weeks depending on the prefecture and the completeness of the file.
What should I do if the prefect refuses police assistance in 2026?
Initiate judicial proceedings through summary eviction, submit a compensation request to the prefect under decree no. 2025-1052 and if necessary bring the case before the administrative court.
Does the anti squatting law 2026 apply to Airbnb rentals?
The law applies to occupations without legal right or title. Situations resulting from short term rentals may be more complex and often require proof of unlawful entry.
Can I enter my property myself if I find it squatted in 2026?
No. Forced entry by the owner is illegal. Follow the official procedure involving police, a bailiff and proper documentation.
What compensation can I claim for lost rent or damages in 2026?
Compensation generally covers loss of use based on the property’s rental value and documented expenses. Decree no. 2025-1052 specifies evaluation methods and procedures.
Do I always need a lawyer for eviction in 2026?
The administrative procedure can be initiated without a lawyer. However, assistance from a specialized lawyer often secures and accelerates the process, particularly in contested situations.
What evidence helps speed up the anti squatting procedure in 2026?
Key evidence includes property title, tax notice, utility bills in the owner’s name, police report, bailiff report, dated photos or videos and proof of unlawful entry.
Author :
Fabrice DOBROWOLSKI - Optimhome Network Development Director
Optimhome offers you personalized support for your real estate project. Benefit from all my advice, based on several years of experience, to ensure the success of your project.
