What is the legal debroach obligation (Old)?
The legal brossal obligation is a planned measure and implemented within the framework of the policy of prevention of forest fires and natural parks. Fixed by the articles of the forest code, of which in the first place Article L 131-10, Deblying is a reduction in the plants present on the plots considered. It consists in pruning the herbaceous vegetation, trees, bushes and shrubs.
What is the point of clearing around a construction?
90 % of houses destroyed by forest fires are on land not or badly brush. The clearing around homes and roads is used to create a secure space in the event of a forest fire. It allows you to protect your loved ones, your property, but also to facilitate the intervention of firefighters.
What is the difference between brushcutting and clearing?
Synonyms
The two terms are often used as synonyms. However, clearing is legally defined by article 131-10 of the forest code, such as “plant fuels reduction operations of any kind in order to reduce the intensity and limit the propagation of fires. These operations ensure a sufficient rupture of the continuity of plant cover. They may include pruning of subjects maintained and the elimination of sections of cuts.”
Brushwood around homes: definition
Brushwood is a usual word, not legally defined. It designates any manual or mechanical action aimed at eliminating or reducing low vegetation (brushwood, tall herbs, young trees, etc.) on land in order to better protect it in the event of a forest fire.
What are the areas concerned by the legal deglusing obligation?
The land located less than 200 meters from the moors, maquis, garrigues and forest massifs
The legal deglusage obligation does not apply in a uniform manner on the territory. It is generally admitted that the brushcut obligation applies as soon as the land is located less than two hundred meters from the moors, maquis, garrigues or forest massifs classified at risk of fire.
Risk territories listed by the IGN map
The measure therefore only takes effect on certain areas located near forests, wood and natural parks. In other words, it all depends on the geographic location of your land. You can determine it by accessing The research tool Established by the IGN (National Institute of Geographic Information and Forestry).
As a rule, clearing remains advised if your home, without being located in an area subject to the legal obligation, remains close to a wood or a forest.
What are the rules for clearing around his house?
In practice, clearing must reduce plants (grass, leaves, branches) to limit the intensity and spread of fires. It is therefore necessary to prune, cut, mow. We classify the usual measures in two categories:
- Significant reduction in vegetation in winter and autumn (cutting trees and shrubs);
- Maintenance of brushcake zones in the spring.
Brush on a minimum depth of fifty meters
The clearing is subject to rules. It must be carried out around the home and its annexes on a minimum depth of fifty meters (article L 134-6 of the forest code) from it.
Cut the plants along the access routes to the ground
The operation must also be conducted along the access routes to the land (trail, path) on a maximum depth of ten meters on both sides, therefore on each side of the track.
In urban areas delimited by PLU (Local Urban Plan), clearing concerns the entire plot.
Do not debrusaille in periods of drought
Be careful not to cleare the periods of drought, which increases the fire risk, and during the nesting periods of birds. The precise conditions of these operations are determined by prefectural decree taken at the departmental level.
Is it compulsory to brush with your neighbor?
Clearing of the neighboring land if it is within the legal limit
Insofar as the legal obligation relates to a minimum depth of fifty meters around the house, the limit may exceed property. We can therefore be brought to brush on a neighboring plot.
Request access to the land by mail with acknowledgment of receipt
In this case, it must be notified of its neighbors from its legal brossal obligations. They can be asked for access to the land by registered letter with acknowledgment of receipt specifying the nature of the operations to be initiated. The latter can carry out the clearing work themselves.
What is the regulations in the event of a rental or sale of the land?
In the event of the sale of the house or its rental, the owner of the property has been bound, since January 1, 2025, to inform his buyer or his tenant of the legal brushcize to which the property is subject. This information must appear in the state of natural and technological risks and must be announced from the first real estate ad. The tenant can brush by himself if this appears in the lease contract. This does not exempt the owner from his responsibility in the event of a fire.
What sanctions in the event of non-compliance with the obligation?
There are sanctions for offenders to the legal brushcutting obligation.
Criminal sanctions
The main criminal sanction is a fine corresponding to fifth class tickets defined by article R 163-3 of the forest code.
Administrative sanctions
As for administrative sanctions, the most common is the formal notice of having to debrusually under penalty by the mayor of the commune, authority responsible for ensuring the good respect for the obligation. In the absence of a return, in other words of deficiency, the measure may follow from the realization of the clearing work at your expense.
In the event of non-dresser and correlative fire risk, we can expect an increase in home insurance franchises concerning property.
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