Squatting places two fundamental rights in opposition to each other: the right to property and the right to lodging. Squatting cannot be considered home invasion unless the squatted property was established as a primary residence at the point in time when the squatter moved there.

The Court of Cassation (criminal division, 22 January 1997, 95-81.186)  is of the opinion that even when squatters effect entry into an apartment by breaking and entering, they do not commit home invasion if the apartment is unfurnished, whether this is because the building has just been finished, or because it is in between two leases, or because the building is intended for demolition. A vacant and unoccupied house cannot be considered a home. Learn more about squatted property.