Not eliminating the plants that proliferate around homes can cause a real nuisance and become a source of neighborhood conflict.
Indeed, even if it is a private property, an owner may be
obliged to clear
his garden.
In particular to fight effectively against the risks of fire.
Explanations.
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What does the law say about the obligation to clear brush?
Since 2001, the
Forest Code
obliges owners of land located near certain risk areas to clear their property.
This brush clearing consists of eliminating plants likely to spread a fire, in the vicinity of homes.
It can therefore be to prune trees or shrubs, or to eliminate grass, branches, leaves ...
Read alsoHedge: size, maintenance, regulations
Outside of areas classified as
"fire risk"
by law, a prefectural decision may also impose brush clearing on land up to 50 meters around a house.
What areas are affected by the clearing obligation?
The areas affected by the clearing obligation are
areas very highly exposed to the risk of fire
.
According to article 133-1 of the Forest Code, the areas exposed to fire risks are:
Auvergne-Rhône-Alpes
Corsica
New Aquitaine
Occitania
The legal obligation to clear brush
(OLD) can also apply to owners of land located less than 200 meters from Provençal woods, forests, moors, scrub or scrubland (article L132-1 to L132-3 of the Forest Code).
On what perimeter to clear brush?
Outside of areas at risk of fire, a prefectural decree may impose a
mandatory perimeter to clear
around your property (articles L134-5 to L134-18 of the Forest Code).
When your home is in
an
urban
area
, you must completely clear your land, whether or not it has a building.
In
rural areas
, only built land (houses and outbuildings, swimming pools, etc.) within a radius of 50 meters should be cleared.
A distance that the mayor can extend to 100 meters by municipal decree.
To find out if you are concerned by this obligation, you can contact the services of your town hall.
How to force a neighbor to clear his garden?
In accordance with the Forest Code, any owner or tenant in an
area affected by the clearing obligation
may be forced to do so.
If your neighbor does not clear his land, you can first send him (or his owner, if he is a tenant) a registered letter with acknowledgment of receipt (LRAR) to remind him of his obligations and the dangers incurred by the neighborhood.
In the event of non-action on his part, you can notify the mayor of your municipality of residence to report the offending garden.
The latter may then issue a formal notice obliging him to carry out the clearing work.
Read also My neighbor no longer maintains his garden: what to do?
Beyond this period, your neighbor may incur various penalties:
30 € per square meter not cleared
100 € on-call per day of unfulfilled obligation
€ 750 (or € 1,500 for a subdivision) criminal fine
€ 15,000 and 1 year in prison if this facilitated the spread of a fire (Penal Code L322-5 to 322-11-1)
€ 5,000 additional deductible for your accommodation by the insurer (Insurance Code L122-1 to L122-9)
