Urbex in France and elsewhere: an illegal or tolerated practice?

 

Violation of the home in French law

Article 226-4 of the Criminal Code states:

“Entering another person’s home by means of manoeuvres, threats, assault or coercion, except where permitted by law, is punishable by one year’s imprisonment and a fine of 15,000 euros.”

Urbex, which consists of exploring abandoned buildings or isolated places outside of any organised visit context, is not, at first sight, legal. However, the definition of ‘home’ needs to be clarified. Since if it is not a home, there is no violation.

A case law of the Court of Cassation has recalled the definition of domicile:
“The term domicile does not refer only to the place where a person has his principal place of business, but also, as in the present case, to the place where, whether he lives there or not, he has the right to call himself at home, whatever the legal title of his occupation and the use to which the premises are put”.

An uninhabited place, in French law, is therefore not necessarily a place that is not someone’s home, for example if the place is simply abandoned for a short period of time.

The concept is rather vague, however, and can be open to interpretation in different cases. It is therefore sometimes obvious that a place is abandoned, in view of its decrepit state. Sometimes it is much more difficult to determine.

Next, let us return to trespassing. Trespassing is characterised if the introduction into the place can fall into one of the stated characterisations: “by means of manoeuvres, threats, assault or coercion.
Here too there is room for interpretation, but what is certain is that if the explorer enters without touching / moving / breaking anything, there is no violation. In reality, however, it does not take much for the violation to be characterised.

If there is “destruction, degradation or deterioration”, the penal code provides for two years’ imprisonment and a fine of 30,000 euros, “unless only slight damage has resulted. In the latter case, the penalty is a 3,750th fine and a community service order.

Finally, let’s talk about photos and videos posted by an explorer and which end up on the internet. This content can be characterised as an invasion of privacy which is protected by Article 9 of the Civil Code. This is for example the case of family photos filmed and broadcast in videos.

What can you legally explore in France?

In summary, it is mostly illegal to practice urban and rural exploration in France. But this rule does not apply if you meet the following three conditions:
– If it is not someone’s home as understood by the Cour de Cassation. In practice if the place is really abandoned or not.
– If there are no explicit signs that it is someone’s home such as a private property sign or a chain.
– If the entry is made without touching anything and you do not damage anything or bring anything back.

You can also ask permission from the owner or the competent public authority. This is often your best option.

And elsewhere?

Legality of urban exploration depends entirely on where you are. While some countries have laws that allow urban explorers to participate in this activity without fear of penalty or punishment, others may prohibit these activities altogether. It is important to do your research in advance and to be aware of the laws in a given area before you embark on urban exploration. In some cases, permission from local authorities may be required before entering certain areas like in Chernobyl.

In some countries, such as Germany and Canada, urban exploration activities are generally considered harmless and therefore tolerated. Other places take a stricter stance; for example, the police have cracked down on urbexing activities in Singapore due to safety concerns. In many parts of the world such as Japa,n explorer can be fined or even imprisoned if caught by the authorities.