A decree came into force on January 1, 2025 and concerns many French people, owners and tenants alike.
Attention, owners and tenants! If you have a garden, a new legal obligation could well concern you from the start of 2025. Entered in the Official Journal in May 2024, a measure came into force on January 1, 2025. Already subject to various maintenance and prevention, owners will have to be extra vigilant but also expressly inform their tenants or potential buyers of this new duty.
In total, thousands of hectares are covered by this decree. Violators will face a fine of 1,500 euros, or more depending on the case. Concretely, the obligation to clear one’s land now applies to all properties “located less than 200 meters from a forest, heath, maquis or scrubland classified as at risk of fire”, as explained on the government website Geohazards.
The idea is to create a safety perimeter around homes by removing the most flammable plants: dry grass, dead branches, overly dense shrubs, etc. Clearing work is recommended during the winter period. With global warming increasing the risk of fires, the State wants to create a “culture of prevention” among individuals, as is already the case for chimney sweeping or facade maintenance.
To find out if your land is affected, nothing could be simpler: le government website Georisks has put an interactive map online allowing you to visualize the areas affected by this obligation. If your plot is listed there, you will have to clear brush over a distance of at least 50 meters around your house, or even 100 meters if the town hall or prefecture requires it.
This primarily concerns the departments around the Mediterranean (Provence-Alpes-Côte d’Azur, Occitanie or Corsica), but also certain areas of New Aquitaine such as the Landes massif. If this task falls to the owner, tenants may also be obliged to do so if their lease explicitly mentions it. Because the law provides for an obligation of information at each stage of a sale or rental.
Since January 1, 2025, real estate advertisements in the areas concerned must specify the risk of fire and the duty to clear brush. A “statement of risks and pollution” detailing this information will be given to buyers or tenants during the first visit, then annexed to the sales agreement or lease.
Sanctions are already planned. In addition to a fine of 1,500 euros, offenders risk an administrative fine of 50 euros per square meter not cleared, after formal notice from the town hall. Insurance companies may also increase the “fire” excess, up to 5,000 euros in the event of a disaster. Finally, if a fire that has ravaged someone else’s property starts from uncleared land, the owner of this land risks a fine of 15,000 euros and a prison sentence.