French Property Law & Asset Protection — 2026
Ref: French Insurance Code (Art. L113-2) & Kasbarian Anti-Squat Act
The Hidden Legal Trap: You bought a dream villa in Biarritz or Hossegor and paid your French insurance premium in full. Yet, on the 61st or 91st day of continuous absence, your policy may automatically exclude 100% of theft and water-damage claims unless regular documented physical inspections are conducted.
You own a holiday home or luxury beachfront property in Biarritz, Saint-Jean-de-Luz, Guéthary, or Hossegor. You use it during July and August, perhaps for a week at Christmas, and leave it locked for the rest of the year.
Between October and May, your property stands empty for 120+ consecutive days. If a pipe bursts or an intruder breaks in during this off-season period, French insurance companies will scrutinize your contract for the dreaded « clause d’inhabitation ».
Here is how foreign property owners can safeguard their assets and maintain complete legal and insurance compliance in France in 2026.
1. What French Home Insurance Actually Stipulates
Unoccupied Property vs Documented Supervision
| Coverage Category | Without Documented Supervision (>90 Days) | With Ikerketa Inspection Logs |
|---|---|---|
| Theft & Vandalism Cover | Complete forfeiture or 5x deductible penalty | 100% maintained with physical patrol evidence |
| Major Water Damage | Claim denied if main water valve was left open | Technical verification of valves and early leak detection |
| Anti-Squat Eviction (48h) | Difficult to prove recent intrusion date | Certified CNAPS visit logs satisfy Prefectural requirements |
2. French Anti-Squat Law (Kasbarian-Bergé Act): 48-Hour Eviction
Under French law, second homes are now protected by the expedited administrative eviction procedure:
[ INTRUSION DISCOVERED DURING IKERKETA PATROL ]
► Certified inspection log proves property was locked and vacant at last inspection
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[ POLICE REPORT FILED AT BIARRITZ / BAYONNE COMMISSARIAT ]
► Crime qualification: Home invasion & trespass (Art. 226-4 Criminal Code — 3 years prison)
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[ FORMAL PETITION TO THE REGIONAL PREFECT (PYRÉNÉES-ATLANTIQUES) ]
► Emergency 24-hour formal notice to vacate issued by the government
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[ FORCED POLICE EVICTION WITHIN 48 HOURS (NO WINTER TRUCE EXEMPTION) ]3. The 4 Essential Steps Before Leaving France
- Review your French MRH policy: Check whether the unoccupancy threshold is 30, 60, or 90 days.
- Shut off the main water supply: Drain outside garden taps and swimming pool pump circuits.
- Engage a CNAPS-licensed private investigation agency: Contract regular physical inspection visits producing time-stamped digital proof.
- Avoid overflowing mailboxes: Arrange postal redirection or collection to eliminate clear signs of vacancy.
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Discover our Second Home Surveillance Service · View our 2026 Fee Schedule · Contact Julien Hoang for a confidential consultation.