Brush clearing (OLD)
Understanding the legal obligation to clear undergrowth
Who is responsible for clearing undergrowth, where, to what depth, and why it’s up to you to tend to your neighbour’s land…: the OLD rules are clear but little known. Here they are, explained in plain language — with references so you can check for yourself.
Key points
- The OLD applies in areas classified as being at risk, for plots of land situated less than 200 m woodlands, forests, moors, scrubland and garrigue.
- For each building: 50 m (the mayor may extend this to 100 metres), plus the strip along private access roads.
- In urban area (Zone U of the Local Development Plan): the entire plot must be cleared of scrub, whether built on or not.
- It is the occupier of the PROPERTY who is responsible for clearing the undergrowth, even beyond the boundary of their property.
- The legally binding reference : theprefectural order in your department (plus any local PPRIF, where applicable).
What does ‘clearing undergrowth’ mean (in legal terms)?
The Forestry Code (Article L131-10) defines brush clearing as operations that reduce plant-based fuel to reduce the intensity and limit the spread of fires : this refers to discontinuity, no clear-cutting. In practice: grass mown, shrubs grouped in spaced-out clusters, trees retained but pruned so that their crowns do not touch, deadwood and residual timber removed. The operational details — heights, distances between tree crowns — are determined by the prefectural order for your department : this is THE document you need to download (from the Prefecture’s website) before you start, and our guide do my brush-clearing translates the current standards.
Where does this obligation apply?
Two conditions must be met :
- A protected area at risk : historically, the departments of the Mediterranean and South-West regions – a list that has been expanded and clarified since the 2023 Act – with departments in the northern half gradually joining the scheme. Our tool checks the official zoning (IGN database on data.gouv.fr): immediate result for the address; the prefectural order takes precedence.
- A location less than 200 metres away woodlands, forests, plantations, reforested areas, moorland, maquis or garrigue.
What needs to be addressed, then
| Location | Area to be cleared of undergrowth | Who pays / carries out |
|---|---|---|
| Construction (houses, building sites, installations) in non-urban areas | Within a radius of 50 metres around the site (extended to 100 metres if the mayor or the PPRIF so decides) + a strip along private access roads (width specified in the order, up to 10 metres on either side) | The owner of the building (or its occupier, depending on the tenancy agreement) |
| Plot of land situated in urban area (Zone U of the Local Urban Development Plan), even if undeveloped | The entire plot | The landowner |
| Housing estates, ZACs, campsites, caravan sites | The entire plot / plot of land | Owner / manager |
| Area covered by a PPRIF | According to the plan — up to 200 metres possible | According to the plan |
The case that’s taken everyone by surprise: at the neighbour’s
The 50-metre radius is measured since it was built, not from your property boundaries. If it encroaches onto the neighbouring (undeveloped) plot, It’s really up to you, though to clear the undergrowth in this area — at your own expense. The procedure is as follows:
Let your neighbour know
In writing (by registered post…): you should set out the requirement and the area concerned, and request access to their plot to carry out the work.
If he agrees (or does not reply within one month)
You are clearing the undergrowth in the area around his house. His silence implies his consent for this work to go ahead.
If he refuses access
The onus shifts: it is up to HIM to clear the undergrowth from the area in question — and any penalties will be imposed on him. Keep a record of the correspondence: it proves the transfer of responsibility.
Overlapping catchment areas between two neighbouring houses? Each party manages its own catchment area; as regards the shared area, an agreement is reached (often: ‘each to their own’). The mayor may act as arbitrator using his or her supervisory powers.
Who is in charge, who decides what?
- The Prefect sets out the departmental regulations (decree): technical definition, widths along roads, recommended timeframes.
- The mayor monitors compliance, may extend the radius to 100 metres, issues formal notices to those who refuse to comply and may arrange for enforcement at the owner’s expense — details in penalties and checks.
- Infrastructure managers (roads, railway lines, power lines) have their own obligations along their rights-of-way — if an SNCF or RTE line runs alongside your land, their rights-of-way are in addition to your own.
The risk changes every day. So do your reflexes.
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