An amendment made by a majority deputy proposes to extend the notion of domicile to second homes, in order to simplify the eviction of possible squatters. 

The controversy had returned the question to the heart of the news.

In early September, a retired couple had been unable to return to their second home in Théoule-sur-Mer, in the Alpes-Maritime, because of the presence of squatters.

Today, the deputies want to put an end to this kind of case, and began Monday evening the examination of the bill "Acceleration and simplification of public action" (Asap).

One amendment, in particular, provides for modifying the 2007 law on the right to enforceable housing (Dalo), by extending the notion of "domicile" to secondary or "occasional" residences.

Objective: to facilitate the protection of the right to property.  


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Previously, an owner could seize the prefect to evict squatters from his home only.

Second homes were therefore not affected.

From now on, this will be the case.

A necessary clarification for LREM deputy Guillaume Kasbarian, carrier of the text, who also wants to speed up the expulsion process.

"There, the prefects are obliged to respond to you within 48 hours. The procedure is both clearer on what types of homes are concerned, and at the same time more rapid and efficient as regards the action. of the prefecture ", he explains to Europe 1.

"Most of the time, the prefects do not move"

But for Maitre Romain Rossi-Landi, lawyer in real estate law, this amendment is not the magic solution against squats.

He fears that the prefects do not use their powers.

"Most of the time, the prefects do not move and this measure is rarely implemented. If there are children in the area, depending on the profile of the squatters, the prefect can refuse to grant the use of force. public ".

Prefects who are often cautious, who, for the lawyer, will never have time in 48 hours to examine always complex cases.

According to him, the most effective way to recover his accommodation remains the legal procedure.

An expensive procedure that usually lasts between 18 and 24 months.