Question 22992 — municipalities

Summary

Mr. Christophe Arend draws the attention of the Minister to the Minister of Territorial Cohesion and Relations with Local Authorities, responsible for local authorities, to the regulation of the installation of plants or trees at the boundary of separation. Faced with the double observation of both dieback or mortality of certain varieties of shrubs and trees, as well as recurring phenomena of disruption climatic conditions such as violent winds or tornadoes, the presence of shrubs and trees often planted at the edge of land now represents a danger. The current civil code requires a distance of 2 meters between the trunk and the boundary of a plot of land, but does not indicate any distance in relation to the habitation of this plot of land, or even neighboring plots. However, many plantations made in this way over the years reach sizes impressive, often exceeding 20 meters and therefore present a real danger for homes and their inhabitants. In fact, the distance between the house on the same land, or even that of the neighboring land, is often only a few meters, in accordance with the PLU regulations. Thus, the responsibility of mayors can be engaged in the event of damage caused by these large-scale plantations, because they granted these building permits in places where unmeasured dangers have appeared. In order to regulate the installation of plants or trees at the boundary of separation, the height, in the long term, could be less than the distance between the trunk and the facade of the house on the land as well as the houses on neighboring land. Another solution would be to impose the felling of already existing threatening trees, whose height is greater than the distance previously mentioned. He asks her if, because of the danger these plantations represent, she intends to modify the civil code in this sense or take measures to ensure the safety of the inhabitants.

Machine translation from French. The official text remains authoritative.

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