Mandatory Brush Clearing: What the Law Says and What You Need to Do

The legal obligation to clear brush, or OLD, now covers 52 French departments exposed to wildfires. Yet its implementation remains incomplete and its legal framework is still poorly understood. Who must carry out the work? How far must the clearing extend? What happens when the perimeter crosses onto a neighboring parcel? Here is what the law provides.

 

Mandatory brush clearance: who is legally responsible?

The law designates the owner as the person legally responsible for the obligation to clear brush, regardless of who occupies the dwelling. This legal responsibility remains attached to the property itself.

In the case of a rental, the tenant may be required to carry out the actual work. This obligation must be clearly provided for in the rental agreement. It does not, however, relieve the owner of criminal liability.

The lease may specify the nature of the required operations, their frequency, and the methods of monitoring. The owner must ensure that the work has been carried out in accordance with local regulations.

In practice, many landlords prefer to retain control over brush clearance. This helps limit disputes or penalties in case of insufficient work.

Important to know
Since January 1, 2025, sale or rental listings for a property subject to an OLD must indicate the existence of this obligation. The information must also appear in the risk disclosure provided to the buyer or tenant.

Which lands are affected by mandatory brush clearance?

The OLD applies in areas that are particularly exposed to forest fires. As of May 2026, it covered 52 French departments.

It specifically targets constructions, sites and installations located within 200 meters (about 656 feet) of woods, forests, heaths, maquis, or garrigue areas deemed at risk.

The owner must verify the exact status of their land with the town hall, the prefecture, or on the Géorisques site. The affected zones can evolve based on the classification of massifs and local orders.

In urban areas defined by a planning document, the obligation can also apply to the entire parcel, even in the absence of construction.

What must you do to comply with the OLD?

Around a building that is subject to the obligation, clearing must generally extend to a minimum depth of 50 meters from the outer walls. The mayor can extend this distance to 100 meters if local circumstances justify it.

This does not mean clearing every plant; the aim is to reduce density and prevent fire from spreading continuously between grasses, shrubs, trees, and buildings.

The works can include, notably:

• cutting tall grasses and dry vegetation;
• thinning bushes and shrubs that are too close;
• trimming some low branches;
• moving vegetation away from walls, openings, and roofs;
• removing dead branches, dry leaves, and cut debris.

Cutting heights, distances between trees, and intervention times vary by territory. They are defined by a prefectural order.

Each owner must therefore consult the applicable order in their municipality. This order is available at the town hall or on the prefecture’s website.

Some orders impose stricter rules. They may require a distance greater than 50 meters or regulate the management of plant waste.

Attention
Burning green waste is generally prohibited. Local exemptions may exist under the OLD framework, but they depend on the prefectural order and the level of fire risk.

What if the perimeter reaches a neighbor’s land?

The regulatory perimeter is measured from the building, not stopping at cadastral boundaries. It can therefore extend over one or more neighboring parcels.

The owner subject to the OLD must then inform the neighboring owner, as well as the occupant if different. This should be done in a way that establishes a definite date, such as by registered mail with acknowledgment of receipt.

The letter must:

• outline the works that must be performed;
• specify the area affected on the parcel;
• request permission to access the land;
• remind of the consequences of a refusal or lack of authorization.

The neighbor cannot oppose the legally required works without consequence, but they may choose to carry out the work themselves.

What happens if the neighbor refuses?

If the neighbor refuses access to their land or does not grant authorization within one month, the portion of the obligation located on their parcel becomes their responsibility.

The owner initially obliged to clear must then inform the mayor of the lack of authorization. It is important to keep the letter, the acknowledgment of receipt, and any documents proving the actions taken.

Access authorization granted by the neighbor is valid for three years. It can, however, be revoked under procedures that allow precise dating of the revocation.

It is therefore inaccurate to speak of an automatic transfer without formalities. The information process, the access request, and the mayor’s reporting must be respected.

How are the works split when several obligations overlap?

When multiple owners are subject to an OLD on the same parcel, the allocation rules depend on the land’s situation.

If the parcel owner is itself subject to an obligation, they should generally complete the works on their own land.

When the parcel belongs to a third party who is not directly subject to an OLD, each affected owner typically clears the portion closest to the building that triggered their obligation.

In case of difficulty, it is best to consult the town hall before starting work. They can clarify the applicable distribution and help avoid neighbor disputes.

What penalties can the owner face?

Non-compliance with the mandatory brush clearance exposes the owner to several types of penalties.

Criminal penalties can range from a fine of 1,500 euros up to a crime punishable by a maximum fine of 50 euros per square meter of uncleared land.

Thus, for a 1,000 m² area entirely non-compliant, the theoretical maximum could reach 50,000 euros. This amount is not automatic; the offense’s characterization and the penalty depend on the process and the court’s decision.

An administrative fine of up to 50 euros per square meter may also be imposed after the breach is observed.

A daily fine of up to 100 euros

The mayor can issue a formal notice requiring the owner to carry out the works within a set deadline. This notice can be accompanied by a daily penalty of up to 100 euros per day of delay.

The total amount of this administrative penalty is capped at 5,000 euros. Partial or full exemption remains possible if the owner proves that the delay was due to circumstances beyond their control.

Work carried out ex officio at the owner’s expense

If the formal notice remains unacted upon, the municipality may carry out the brush clearance ex officio. The cost of the works is then billed entirely to the defaulting owner.

In case of non-payment, the sums may be recovered as a public claim.

The insurance deductible applied in the event of a disaster may also be increased, up to 5,000 euros, if the brush clearance obligation was not met.

Who oversees compliance with brush clearance?

The mayor is responsible for monitoring compliance with the obligations around buildings and equipment. They can conduct inspections themselves or delegate to qualified, sworn officers, including officers from the Office national des forêts (National Forests Office).

If the mayor is unable to act, the prefect can intervene in their place.

The inspection covers the entire regulatory perimeter and the ongoing maintenance of the cleared land. A one-off intervention is therefore not sufficient: vegetation must be regularly maintained.

To avoid disputes, the owner can keep invoices from professionals, letters sent to neighbors, and dated photographs of the works.

How to check that you are in compliance?

Before starting work, contact your city hall to learn the zoning and applicable prescriptions.

You can then:

• check the map of OLD-subjected zones on Géorisques;
• read the prefectural order for your department;
• identify precisely the 50-meter perimeter around the building;
• contact neighboring owners before any intervention on their land;
• call in a professional when the terrain is large, steep, or hard to access.

Having a contractor carry out the work does not transfer the owner’s legal responsibility. The contract must describe precisely the works required to comply with the prefectural order.

Brush clearance is not merely an aesthetic task. It helps slow the spread of flames, protect homes, and facilitate the work of emergency responders.