Prevention of forest fires

Legal clearing obligations: Information for buyers and tenants of property becomes mandatory in 2025

Publié le 13 décembre 2024 - Mise à jour le 08 janvier 2025 - Directorate for Legal and Administrative Information (Prime Minister)

As of 1er January 2025, owners of real estate located in territories particularly exposed to the risk of fire will have to inform purchasers and tenants about the legal obligations of clearing brush (OLD). This measure is the result of an Order in Council issued on May 2, 2024, in Official Journal.

Brush clearing around houses, roads and other facilities or equipment is the best protection: 90% of the houses destroyed during the forest fires are on land with little or no brush.

The decree of 29 April 2024 brings to application the articles provided for by the law of 10 July 2023 on the prevention and control of the intensification of fire risk.

It updates the procedure for the preparation of the risk status. The seller or lessor of a property in an area subject to statutory clearing obligations (OLD) has an obligation to inform the potential buyer or lessee. This information must take place as soon as the property is announced and be included in the risk and pollution statement (ERP).

The document will be provided:

  • to the lessee, during the first visit (and annexed to the lease);
  • to the purchasers, at the time of the first visit (and annexed to the promise of sale, to the deed of sale or to the preliminary contract in the event of a sale in the future state of completion.).

You can find on the site Georisques a fact sheet which summarizes the implementation of the clearing obligations as well as the zoning to see if your land is affected.

Reminder

The statutory clearing obligation (OLD) is a key provision of forest fire prevention policy. It is provided for by Forestry Code. It consists in reducing the plants present on a ground (branches, leaves...) in order to reduce the risk of spreading fires.

What is the legal duty to clear brush (OLD)?

This measure is made mandatory by the Forestry Code in territories particularly exposed to fire risk. All constructions within and within 200 meters of forest, heath, scrubland or scrubland classified as fire risk are affected.

If your property is not located in an area subject to the brush-clearing obligation, it is nevertheless recommended to proceed if your land is close to a wooded area.

For more information, you can contact your local council or the prefecture.

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