Question 9861 — security of property and people

Summary

Mr. Vincent Trébuchet draws the attention of the Minister of Agriculture and Food Sovereignty to the legal uncertainties surrounding the application of legal clearing obligations. Article L. 131-10 of the Forest Code imposes on owners, in areas exposed to fire risks, an obligation to clear brush and maintain a cleared state. This obligation, essential for the prevention of fires, forest, was recently clarified by the law of July 10, 2023 and by its implementing decrees, in particular articles R. 131-14 to R. 131-16 of the Forest Code. These provisions provide that an owner can, under conditions, intervene on neighboring land included in the compulsory clearing perimeter. However, their concrete implementation raises many questions. Indeed, the distinction between what falls under the responsibility of the owner of the exposed land and that of the neighbor whose vegetation constitutes a risk does not appear clearly. In addition, the procedure for prior authorization of entry into neighboring land, although provided for in the texts, in practice creates frequent neighborhood conflicts. Finally, in the event of refusal by the owner, referral to the mayor remains theoretical, as municipalities do not always have the means to ensure the monitoring and execution of police obligations in matters of fire safety. These inaccuracies make the rule difficult to enforce, both for individuals and for mayors, who struggle to ensure effective compliance. He asks him if the Government plans to publish a circular or a practical guide clarifying the respective responsibilities of the owners and neighbors concerned as well as the modalities of intervention by the mayor, in order to secure the application of this system in areas exposed to forest fires.

Machine translation from French. The official text remains authoritative.

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