A little tour and then it’s gone. Three years ago almost to the day, Emmanuelle Wargon, then Minister of Housing, launched a squats observatory. Five months after the entry into force of the first anti-squat law. Around 77% of 124 cases reported in five months were able to benefit from the new express procedure (72 hours to recover their squatted accommodation). This observatory was supposed to be the first of a long series. In vain. The two ministers who succeeded the current president of the Energy Regulatory Commission buried the idea. We therefore had to wait until May 2024 for the project to come back on the table.
It was a discreet circular that went completely unnoticed that brought him out of oblivion. Addressed to the prefects, it is signed by Gérald Darmanin, Minister of the Interior, Éric Dupond-Moretti, Minister of Justice and – a small novelty compared to the previous “squats” circular – by the new Minister of Housing Guillaume Kasbarian. “This is proof that he wants to make his mark on this very sensitive subject and which he knows very well.», slips a connoisseur. Twice, as a deputy, he introduced a law to fight against squats and then illegal occupations (squatters and bad-paying tenants).
In this circular dated May 2 the three ministers put pressure on the prefects and invite them to “prevent these situations from developing”. They will now have to “report monthly» the number of eviction requests and their responses, whether positive, negative or currently being processed. On this point, the government wanted to go easy on each other. Certainly, the prefect can refuse a request for eviction of squatters and only has the right to two reasons but if the first is precise – to put together a complete file so that the eviction request is valid -, the second is wider. This is a “compelling reason of general interest”. Concretely, the prefect can reject an eviction request if children, elderly people, sick people or people with disabilities are present among the squatters. “Under no circumstances will the prefect refuse to carry out the expulsion if the request is legitimate. He will simply postpone it to find the most suitable solution”ensures Figaro the Bouches-du-Rhône prefecture.
Unlimited eviction period
“This circular is welcome. This is proof that the law is not clear. It is all the more necessary as prefects and police officers generally understand circulars better than laws.reacted Maître Romain Rossi-Landi, lawyer in real estate law who however regrets that “the circular protects the home and not the property» and is not firm enough on certain points. This is particularly the case with the expulsion deadline. Set at 24 hours by law, in reality, it can be (much) longer. The circular provides that it “cannot be less than 24 hours» in the case of the “home” of the owner. This period is therefore unlimited. Enough to enrage him. If it is not the home, the delay, again minimal, increases to 7 days.
On the other hand, with regard to the processing time for eviction requests, the government’s tone is firmer. The circular recalls that “should not exceed 48 hours”. To ensure that this deadline is respected, the three ministers asked the prefects to send them the average time between eviction requests and responses. Because in practice, this is not always the case. “Housing squats annoy them more than anything else», deplores a lawyer. “Evacuating squatters can cause disturbances to public order. However, maintaining public order is our priority mission.», entrusts to Figaro a policeman.
Will the figures that will be reported by the prefects really reflect reality? The hundred or so squats recorded by the latest observatory appear low in the eyes of experts. This figure does not cover all the squats where the owners prefer to pay the squatters or evict them manu militari, at the risk of being sentenced (3 years in prison and 30,000 euros fine). Not to mention the cases where the lawyer initiates long and costly legal action rather than an express procedure with the prefect. “Through ignorance of the law or greed», laments a connoisseur.