In this new year 2025, owners are subject to a new constraint. They must provide future buyers and tenants with a risk assessment with the obligation to clear bushes. The objective is to limit the risk of fire.
A new constraint for owners. Since January 1, 2025, they must provide future buyers or tenants with an assessment of the risks to which the accommodation is exposed with the obligation to clear bushes.
As a reminder, clearing consists of reducing plant matter (grass, branches, leaves, etc.) to reduce the intensity of fires and slow their spread. This may involve, for example, pruning trees or shrubs, depending on the public service site.
Please note, this clearing obligation does not concern all properties, but only those located in areas exposed to forest and vegetation fires. Please note, however, that even if clearing is not obligatory in your municipality, it is still strongly recommended and preferably in winter.
In the promise of sale or in the lease
The statement of risks must be given to the potential buyer during the first visit to the accommodation, then it must be annexed to the promise of sale and the deed of sale.
On the rental side, the statement of risks must be provided to the potential tenant during the first visit to the accommodation, then it must be annexed to the lease when it is concluded. But there is another scenario. In the lease, the owner can stipulate that it is up to the tenant to take care of this.
In addition, in the announcement of the sale or rental of a property which is the subject of a risk report, it must be specified: “information on the risks to which this property is exposed is available on the site Geohazards”.
On this site, the following will be available for consultation: an information sheet on clearing obligations and a map of areas subject to a clearing obligation and maintaining a cleared state.
Up to 15,000 euros fine in the event of fire
In the event of sale or rental, the obligation to clear the land must therefore appear at least in the promise of sale and the deed of sale or in the lease. In the event of non-compliance with this legal obligation, the mayor or prefect may give the person formal notice to do so.
Elected officials can decide on a penalty of maximum 100 euros per day of delay. The total amount of sums required is a maximum of 5,000 euros.
If your failure to clear brush caused the spread of a fire which destroyed someone else’s property, you can be sentenced to up to one year’s imprisonment and a fine of 15,000 euros.
