‘Unfair’: Anger over €6,000 bill for clearing neighbour land in France

A resident in southeast France has reacted angrily after receiving a bill of almost €6,000 to clear vegetation from his neighbour’s land, as part of French débroussaillement laws.

What is débroussaillement?

Débroussaillement is the term given to the clearing of overgrowth and vegetation from a property in a bid to reduce the risk of forest fires in dry, hot areas over the summer.

This is normally obligatory for people who live in departments that are particularly vulnerable to these fires, and whose property is within 200m of a forest or other woodland. 

It is also required around campsites and areas subject to a Plan de prévention des risques naturels (PPRN), under the Obligation légale de débroussaillement (OLD).

It applies in certain areas of Auvergne-Rhône-Alpes, Occitanie, Nouvelle-Aquitaine, Provence-Alpes-Côte d’Azur and Corsica.

Those living in areas where débroussaillage is required and who ignore the rules risk a fine of €100 from their mairie for every day that they fail to carry out the clearing. The commune can also impose a fine of €30 for each m² that has not been cut back.

You also risk a criminal fine of up to €15,000 and/or one year in prison if your failure to clear the land ultimately enables a wildfire to spread.

Read also: Explainer: France’s obligatory anti-wildfire garden clearing rules 

Read also: Homeowners in France urged to help ease drought and forest fires 

Bill of almost €6,000

In a case that hit local headlines Philippe Augier, who lives near Toulon (Var, Provence-Alpes-Côte d'Azur) was handed a €5,900 bill for the débroussaillement of his neighbour’s land.

This is because rules state that residents in affected areas - away from urban areas - must clear a perimeter of 50 metres around their property. In this case, the resident’s 50 metre radius also included part of the neighbour’s land.

That part of the neighbour’s land did not have its own building on it, nor did it fall within 50 metres of the neighbour’s own property, meaning the responsibility fell on Mr Augier to clear it. 

To add insult to injury, in cases like this, the resident must still get ‘permission’ from the neighbour to clear the land.

The resident only had to pay €500 to get his own land cleared; the rest of the bill was for the neighbour’s much-larger plot of land.

The site had reportedly been left empty and in a poor state after the neighbours had been refused planning permission for a building several years prior. Local authorities had also stopped clearing the undergrowth around the departmental road that runs by the property - a point that has attracted complaints from locals.

Communal funds?

Local authorities have now said that they would like to create communal funds to help in situations such as this - but it is a complex issue.

Local councillor Denis Gutierrez said: “I understand these people’s anger. We are trying, with my colleagues in Gironde and Landes, to convince MPs to stop these fines. On the one hand, so that we can reimburse people for their neighbour’s clearing in some cases, using a special fund.

“On the other hand, we want to make the administrative procedure easier. Our hands are tied at the mairie. The fight will happen in the Assemblée nationale and in the Senate,” he told Nice Matin.

“This affects public law, private law, and environmental law,” said Toulon lawyer Thibault Stephan. “So it’s very complicated [to change].”

In the meantime, many residents are still likely to be handed large bills for débroussaillement that is not on their own land.

You can find specific details on the areas in which residents must make sure that vegetation is cut back through the government information page Service-public.fr.

Your local prefecture website should also contain instructions for affected residents, and your mairie should be able to help if you have any questions.