Question 24690 — municipalities

Summary

Mrs. Fabienne Colboc draws the attention of the Minister of the Interior to the arrangements for installing fire water points (PEI) on private plots. According to the departmental external fire defense plans, municipalities must cover the fire risk according to the type of housing, the typology of the risk as well as the flow and pressure of the identified water points. In rural communities, whose habitat is mainly made up of isolated hamlets, mayors are often faced with a lack of equipment. All citizens certainly have access to running water, through pipes of varying diameter, but the fire risk is not systematically covered. Municipalities are therefore frequently obliged to equip themselves to be able to respond to an emergency situation. To do this, they use private plots to the installation of PEI in the form of water reserves through either the purchase of a plot of land or through an agreement with the owner of the land. If the plot is put up for sale, the municipality can become a priority purchaser if it has established an urban right of pre-emption, under the conditions provided for by articles L. 211-1 et seq. of the construction and housing code. On the other hand, the utility service procedure public cannot be implemented in this case, fire protection not appearing in the list of public utility easements affecting land use defined in article R. 126-3 of the town planning code. The question arises as to what possibilities are available to the municipality in the event that, on the occasion of an inheritance or a change of owner, the new owner denounces the agreement concluded and requests the removal of the artificial reserve from his property since the public utility easement is not recognized. She would like to know his opinion on this specific case of fire risk management by municipalities.

Machine translation from French. The official text remains authoritative.

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