Disclaimer: This article is for general information only and does not constitute legal, tax, or financial advice. French squatter law is technical and fact-specific, and the rules have changed substantially since 2023. Always consult a qualified French notaire, avocat, or chartered accountant before acting on anything you read here. The English Investor accepts no liability for decisions taken on the basis of this article.
Of all the things that can go wrong with a French rental owned from the UK, the one that produces the most disproportionate panic is the squatter scenario: you fly down for a long weekend, you find someone living in your flat, and the local gendarmerie tells you it’s a “civil matter.” Until 2023 that response was, frustratingly, almost correct. The loi n° 2023-668 of 27 July 2023 — known in the French press as the loi anti-squat or loi Kasbarian — rewrote the rules. The Conseil constitutionnel signed off on the new regime in March 2023, and a 3 November 2025 décret has now codified the State’s liability when the procedure breaks down. This piece walks British landlords through what’s actually changed, where the procedure still has gaps, and the single biggest trap most squatter guides miss.
The two kinds of “squatter” the law treats differently
French law doesn’t actually use the word squatter; it uses occupant sans droit ni titre (“occupant without right or title”). And it draws a sharp line between two scenarios. The first: someone who broke in and is occupying your property without your consent. The second: a former tenant whose lease has been terminated but who refuses to leave. Both are occupants sans droit ni titre, but only the first benefits from the prefectoral fast-track procedure created by article 38 of the loi DALO and reinforced by the loi anti-squat 2023. The second has to be removed through the regular court procedure described in our complete guide to evicting a French tenant.
Getting this distinction wrong is the single most expensive mistake a British landlord can make. Trying to use the prefectoral fast-track against a former tenant gets your application rejected. Trying to use the regular court procedure against a fresh squatter wastes 12 to 18 months when you could have been out in 24 hours.
The criminal law backdrop: article 226-4 and the “domicile” question
The starting point is criminal, not civil. Article 226-4 of the Code pénal punishes violation de domicile — entry into someone else’s home through deception, threats, force or coercion — with up to one year of imprisonment and a fine of €15,000. This is the criminal hook that lets you file a plainte with the gendarmerie when you discover squatters.
For decades, the practical problem with this article was the definition of domicile. The Cour de cassation held repeatedly — most starkly in Crim. 22 janv. 1997, n° 95-81.186, Bull. crim. n° 31 — that an empty flat between two leases, with no furniture and no actual occupant, is not a domicile within the meaning of article 226-4. The reasoning: the article protects a place where someone has the right to say “I am at home”; an unoccupied property has no such person. Squatters who broke into a vacant flat were therefore not committing violation de domicile, and the criminal route was effectively closed.
The Cour de cassation extended this doctrine in Crim. 22 janv. 1997 by confirming the Versailles court of appeal’s 31 January 1995 decision that even forced entry into an unfurnished flat did not satisfy the article 226-4 elements. The doctrine has been criticised but never overruled — it is still good law for criminal prosecution today.
That criminal-law framework had two consequences. First, the plainte step was usable only where the property was furnished and identifiably someone’s domicile. Second, the loi du 24 mars 2014 (loi ALUR) added a new offence — article 226-4-2 of the Code pénal — punishing the act of forcing a third party to leave their home without State assistance with three years and €30,000, designed to penalise landlords who try to “self-help” by changing the locks.
The prefectoral fast-track: article 38 of the loi DALO
Article 38 of the loi du 5 mars 2007 (loi DALO) created the first administrative bypass. It allows the owner or tenant of a property occupied unlawfully to ask the préfet to issue a mise en demeure ordering the occupants to leave, after the owner has filed a police complaint, proven that the property is their domicile, and had the unlawful occupation officially recorded by an officer of the police judiciaire. The mise en demeure must give the squatters at least 24 hours to leave. If they don’t, the préfet must order forced evacuation.
The procedure was a real innovation in 2007: it removed the need for a court appearance and compressed the timeline from months to days. But its scope was tied to the criminal-law notion of domicile — meaning the Crim. 22 janv. 1997 doctrine excluded vacant unfurnished properties from the fast-track in practice.
What the loi anti-squat 2023 actually changed
The loi n° 2023-668 of 27 July 2023 made four substantive changes to the squatter regime.
First, it extended the article 38 prefectoral fast-track to unfurnished properties, narrowing the practical impact of the Crim. 1997 doctrine. The procedure now applies to cases of unlawful occupation regardless of whether the entry itself was unlawful and regardless of whether the property is furnished.
Second, it tripled the criminal penalties under article 226-4: the penalty for fraudulent introduction into a domicile rose from one year and €15,000 to three years and €45,000, and the article was extended to cover le maintien (staying after entry) and not just the introduction itself. The 2023 reform also created two entirely new offences in a fresh chapter of the Code pénal: article 315-1, which punishes fraudulent introduction into any residential, commercial, agricultural or professional premises (broader than the 226-4 “domicile” scope) with two years and €30,000; and article 315-2, which punishes a tenant who holds over more than two months after a definitive eviction order and a properly served commandement de quitter les lieux with a €7,500 fine.
Third, it shortened multiple statutory delays in the regular eviction procedure: the tenant’s grace period after the commandement de payer dropped from two months to six weeks, and the notification window between the assignation and the préfet was harmonised to six weeks. The Cour de cassation confirmed in an avis of 6 November 2025 that the new six-week délai is computed as a 42-day period expiring at midnight on the 42nd day before the hearing, with no extension possible.
Fourth, it imposed new obligations on the State to act when the prefectoral fast-track is invoked, with article 11 of the loi instructing the government to codify the indemnity rules — which it did via the décret n° 2025-1052 of 3 November 2025.
The Conseil constitutionnel ruling — what it allowed and what it required
Before the loi anti-squat was even enacted, the Conseil constitutionnel reviewed the existing article 38 prefectoral procedure on a question prioritaire de constitutionnalité. In Cons. const. 24 March 2023, n° 2023-1038 QPC, the Conseil ruled the procedure constitutional — the prefectoral fast-track does not violate any fundamental right when applied to occupants who entered unlawfully. But the Conseil added an important safeguard: the préfet must take into account the personal and family situation of the occupants before deciding to evict, particularly where vulnerable persons are present (children, the elderly, the seriously ill).
This is not a get-out-of-eviction-free card for squatters with children. It is a procedural requirement that the préfet’s decision be motivated and that the human factors be visible in the file. In practice, it means the préfet now takes longer to decide and is more likely to refuse — which is exactly the situation the décret of 3 November 2025 was designed to address by clarifying the State’s liability for those refusals.
What happens when the préfet refuses
Under the article 38 fast-track, the timings are very different from the regular eviction’s “two-month préfet response window.” The préfecture has 48 hours to process the application file; if it is admissible, the préfet issues a mise en demeure. The minimum delay before forced evacuation depends on the type of property: at least 24 hours for the requester’s principal residence, at least 7 days for a secondary residence. If the squatters do not leave within that delay, the préfet must order forced evacuation sans délai. In theory, the whole procedure can complete in around 72 hours; in practice, getting a clean file in front of the préfecture takes longer (police complaint, officer of the police judiciaire constat, documentation), so 5–15 days from discovery to evacuation is a more realistic working figure.
If the préfet refuses (or stays silent past the deadline), the State becomes liable in damages. The Conseil d’État has confirmed in two recent decisions that the State remains liable until the property is effectively recovered, not just nominally vacated:
- CE 2 janv. 2024, n° 471486 — when the préfet refuses concours de la force publique to evict squatters, the mere fact that the premises appear unoccupied does not extinguish State liability.
- CE 17 mai 2024, n° 475486 — but if the eviction order is later overturned on appeal, the State is not liable for the period of refusal that preceded the appeal decision.
The décret n° 2025-1052 of 3 November 2025 then codified the indemnity procedure: the owner files a recours gracieux with the préfet and, if the response is unsatisfactory or absent, takes the case to the administrative court. The standard administrative-law rules on délais then apply.
When the prefectoral route is not available: the regular court procedure
If your situation doesn’t fit the article 38 fast-track — the most common reason being that the occupant is a former tenant rather than a fresh intruder — you fall back to the regular court procedure described in our eviction pillar guide. The case goes to the tribunal judiciaire of the place where the property is located, as an action against an occupant sans droit ni titre. The procedural delays are much shorter than for a regular tenant: there is no délai de grâce available; the trêve hivernale protection of L. 412-6 CPCE is automatically inapplicable where the eviction was ordered because of an unlawful entry into someone’s domicile, and may be reduced or removed by the judge for unlawful entries into other premises; and the judge can shorten or eliminate the L. 412-1 two-month delay between commandement de quitter les lieux and exécution.
One nuance worth knowing: the tenant who held over after lease termination doesn’t automatically lose all delays. Even though they are formally sans droit ni titre, judges retain discretion under L. 412-1 to grant some breathing room — particularly if the termination came suddenly through a clause résolutoire. So “fast track” here means weeks rather than months, but rarely days.
The “domicile” trap and what it still means in 2026
Now we come to the trap most squatter guides oversimplify. The Crim. 22 janv. 1997 doctrine — empty unfurnished flat ≠ domicile — still controls criminal prosecution under article 226-4. If your between-tenancies flat is squatted, you can still file a plainte, but the procureur is unlikely to bring criminal charges; the squatters are not, on a strict reading, committing violation de domicile.
The 2023 reform did not overrule the Crim. 1997 doctrine — it sidestepped it for the administrative fast-track only. So:
- Furnished and recently occupied: the property is your domicile in the criminal-law sense, the plainte route is open, and the article 38 fast-track applies.
- Unfurnished but still your domicile (e.g. a primary residence in the middle of being repainted): the article 38 fast-track applies post-2023, but the criminal plainte route is fragile.
- Unfurnished, between tenancies, vacant for months: the article 38 fast-track applies post-2023, but neither the property qualifies as a domicile for criminal purposes nor — and this is the part guides miss — does it always satisfy the procedural requirement of the article 38 procedure that the property “constitutes the domicile” of the requestor.
The practical implication for British landlords with French rentals: even after the loi anti-squat 2023, leaving minimal furniture and visiting monthly is still smart. It strengthens both the criminal and the administrative file. It is no longer strictly necessary for the prefectoral fast-track post-2023, but it materially shortens the time between discovery and forced evacuation.
What this means for British landlords in practice
If you discover squatters tomorrow. First, do not enter the property — entering and confronting the occupants risks both physical safety and a counter-charge of violation de domicile against you, since their occupation, however unlawful, has created a domicile situation in the moment. Call the gendarmerie. File a plainte. Have the unlawful occupation officially recorded by an officer of the police judiciaire. Then file the article 38 request with the préfecture.
Documentation you’ll need. Title deed (acte authentique), the most recent taxe foncière notice, utility bills in your name showing the property as a residence, photographs from before the occupation, and — if the property was rented — a copy of the previous lease and any vacancy notice you sent to the previous tenant. The Dalloz commentary leaves the precise list to préfectoral practice; ask your avocat which documents your local préfecture currently demands.
Cost. Filing the article 38 application is free at the préfecture. If you engage an avocat to draft the application and follow up with the préfecture, expect €1,500 to €3,000 in fees (market practice, not a statutory figure). If the préfet refuses and you have to bring an indemnity claim, add another €2,000 to €4,000.
If you own through an SCI. The article 38 procedure requires that the property “constitutes the domicile” of the requestor (per the Dalloz commentary on para 24). An SCI is a legal person without a “domicile” in the personal sense, so the request will typically be brought either by the SCI gérant in their own capacity (if the property is occupied by them as residence) or by the legitimate tenant whose jouissance has been disrupted. If the SCI itself is the only victim and the property is not anyone’s domicile, you fall back to the regular court procedure for occupant sans droit ni titre. This is a practitioner read of the rule rather than an explicit textual carve-out — confirm with your avocat before relying on it.
If you’re not on the ground in France. The article 38 procedure requires you to file in person at the préfecture (or via your avocat) and have your identity verified. Coordinating this from the UK without an avocat is usually impractical given the urgency. Our guide to managing French property remotely covers the proper avocat-and-commissaire workflow for non-resident landlords.
Frequently asked questions
Can I evict squatters from my French property within 24 hours?
Only in theory. The mise en demeure issued by the préfet under article 38 of the loi DALO must give the squatters at least 24 hours for a principal residence, or 7 days for a secondary residence. The préfecture itself has 48 hours to process the application file before issuing the mise en demeure. In practice, getting the police complaint filed, the unlawful occupation officially recorded by an officer of the police judiciaire, the file fully assembled and submitted, and the préfet’s decision delivered usually takes between 5 and 15 days from the day you discover the squat.
Does the prefectoral fast-track apply if my flat is unfurnished?
Yes, since the loi du 27 juillet 2023 (loi anti-squat). Before 2023, the practical answer was no — an unfurnished property generally didn’t qualify as a domicile for the article 38 procedure. The 2023 reform extended the fast-track explicitly to non-furnished properties.
Can I just change the locks and remove the squatters’ belongings?
No. Article 226-4-2 of the Code pénal (created by loi du 24 mars 2014, ALUR) punishes the act of forcing a third party to leave their home without State assistance with three years and €30,000. It applies even when you are the lawful owner. The only legal path is through the prefectoral fast-track or the regular court procedure.
What if the préfet refuses to send the police?
The State becomes liable for damages. The Conseil d’État confirmed in CE 2 janv. 2024, n° 471486 that this liability continues until the property is effectively recovered, not just nominally vacated. The procedure for claiming this indemnity is codified by the décret n° 2025-1052 of 3 November 2025: file a recours gracieux with the préfet, then take the case to the administrative court if the response is unsatisfactory.
Does the trêve hivernale protect squatters in France?
Not in the same way as for a regular tenant. Article L. 412-6 CPCE, in its post-2023 wording, distinguishes two cases. Where the eviction was ordered because of an unlawful entry into someone’s domicile par voie de fait, the trêve hivernale does not apply at all — exclusion is automatic. Where the unlawful entry was into any other premises (e.g. a vacant flat between tenancies that was not anyone’s domicile), the trêve does apply by default, but the judge can reduce or remove the protection on request. Either way, squatters get materially less winter protection than legitimate tenants. The Conseil d’État confirmed in CE 29 mars 2002 that the legitimate possessor can recover their domicile during winter.
Are squatters with children harder to evict?
The procedure is the same, but the Conseil constitutionnel’s QPC ruling of 24 March 2023 requires the préfet to consider the personal and family situation of the occupants before evicting. In practice, families with young children are still evicted, but the préfet must motivate the decision and the timeline is sometimes extended. The article 38 procedure is not a route around child-protection considerations; it is a procedural fast-track that still respects them.
What’s the difference between a squatter and a former tenant who won’t leave?
The legal label is the same — both are occupants sans droit ni titre. But the prefectoral fast-track of article 38 of the loi DALO is reserved for fresh intruders: people who entered without your consent. A former tenant whose lease has been terminated must be removed through the regular court procedure, even though they are technically without right or title. Trying to use the fast-track against a former tenant gets your application rejected by the préfecture.
