What is the Obligation Légale de Débroussaillement (OLD)?

The Obligation Légale de Débroussaillement (OLD) is an essential measure in the prevention of forest fires in France. Its aim is to reduce the risk of fires spreading by requiring owners of land near wooded areas to keep their property clear of undergrowth.

This obligation, which is enshrined in the Forestry Code, applies to both homeowners and forest owners, and applies in many French departments, particularly those at risk of fire.

This article explains how these regulations work, and in particular what they mean for buyers looking to buy a forest.

Definition and objectives of the DLO

Scrub clearance, as defined by the French Forestry Code, involves reducing the mass of combustible vegetation in order to reduce the intensity and spread of fires. This involves cutting low vegetation, pruning trees and removing plant debris.

The main objectives of the OLD are :

1. Protect people and property from forest fires
2. Make it easier for the fire brigade to intervene in the event of a fire
3. Reduce the intensity of fires and slow their spread
4. Preserve forest areas and biodiversity

Areas concerned and owners responsible

The OLD applies to land located within 200 metres of woods and forests. The owners concerned are :

1. Owners of buildings, construction sites and installations of any kind, who must clear their property of undergrowth within a 50-metre radius, a distance that the mayor may extend to 100 metres.
2. Owners of private roads giving access to these buildings, who must clear the undergrowth to a depth set by the Prefect, up to 10 metres on either side of the road.
3. Owners of land located in urban areas defined by a local urban development plan or equivalent urban development document.

It is important to note that the obligation to clear undergrowth falls on the owner of the building to be protected, even if the work extends beyond the limits of his property. In non-urban areas, this obligation can extend up to 50 metres from the dwelling, or even 100 metres by decision of the mayor.
The legal responsibility for clearing undergrowth lies with the owner of a forest estate, even if the property is rented out.

Implementation and work schedule

The OLD must be carried out on an ongoing basis, without waiting for a specific date. However, it is recommended that brush clearance work is carried out before the summer season, when fires are most likely to occur.

The owner responsible must :

1. Inform the owner of the neighbouring property of the obligation to clear the undergrowth.
2. Request permission to enter the neighbouring property to carry out the work.
3. Remind the neighbouring owner that if he fails to obtain permission within one month, he will be required to clear the undergrowth.

It is vital to keep the land clear of undergrowth throughout the year. Work must be repeated as often as necessary to ensure the safety of property and people.

Clearance procedures and techniques

Clearing undergrowth involves reducing the mass of combustible vegetation by guaranteeing a break in the continuity of the plant cover. The operations to be carried out include

• Tree pruning (removal of low branches up to a minimum of 2 metres)
• Cutting back herbaceous and shrubby vegetation
• Removal of cut vegetation
• Creating a discontinuity in the vegetation to slow the spread of the fire.

Specific techniques may vary depending on the type of vegetation (scrub, garrigue, moorland) and the characteristics of the land. It is advisable to consult your local council or prefecture for precise information on the techniques to be used and the most appropriate times to carry out this work.

Issues raised by the DLO

The DLO raises a number of questions and challenges:

1. Shared responsibility: The division of responsibilities between owners can be a source of conflict, particularly when work extends onto neighbouring properties.
2. Costs: The costs associated with clearing undergrowth can be substantial, especially for large properties.
3. Respect for the environment: Undergrowth clearance must be carried out in such a way as to preserve biodiversity while reducing the risk of fire.
4. Monitoring and penalties: The application of the OLD requires regular checks and may result in penalties in the event of non-compliance.
5. Technical complexity: Proper clearance of undergrowth may require specific technical skills.

Penalties and controls

Failure to comply with the DLO may result in penalties:

1. Criminal penalties: A fine of up to €1,500 for a 5th class offence.
2. Compulsory work: After formal notice, the local authority may carry out the work at the owner's expense.
3. Increased insurance excess: In the event of a claim, if the policyholder has not complied with his or her brush clearance obligations.

Checks are generally carried out by agents of the Office National des Forêts (ONF), rural wardens or municipal police. The mayor is responsible for monitoring compliance with the obligations set out in this article.

New provisions and public information

The law of 10 July 2023 strengthened fire prevention and fire-fighting measures. From 1 January 2025, information on the OLD will have to appear in property advertisements for properties located in the zones concerned.

In addition, sellers will have to attach to the deed of sale a sworn statement that they have cleared the undergrowth or will continue to do so.

The aim of these new provisions is to raise awareness among potential buyers and make current owners more responsible.

Impact on sellers and buyers of rural properties

For buyers and sellers of homes near forests

If you are looking for a country house for sale, or if you are selling a farmhouse located near a wood, here are some points to bear in mind when planning your project: 

1. Obligation to provide information: Sellers must inform potential buyers of the existence of the OLD and its status on the property.
2. Expected costs: Purchasers must factor the recurring costs of clearing undergrowth into their property maintenance budget.
3. Increased responsibility: New owners become responsible for complying with the OLD as soon as they acquire the property, with the associated risk of penalties in the event of non-compliance.
4. Impact on the value of the property: A property that has been properly cleared of undergrowth can be considered an asset, whereas a property that does not comply may require major work and therefore affect the value of the property.
5. Authorisation for work: Purchasers should be aware that they may need to obtain authorisation to carry out clearance work on neighbouring properties.

For forest buyers and sellers

If you have a forest to sell or are interested in buying a wood or forest, this obligation has far-reaching consequences:

1. Partial clearance obligation: Even if the OLD does not apply to the entire forest, forest owners may be required to clear undergrowth along access roads and around installations in the forest.
2. Impact on forest management: The OLD may influence forest management plans, requiring silvicultural practices to be adapted to incorporate brush clearance requirements.
3. Liability in the event of fire: Forest owners may be held liable in the event of fire if they fail to comply with their undergrowth clearance obligations.
4. Adding value to wood obtained from brush clearance: Forest purchasers may wish to consider ways of adding value to the wood and biomass produced by brush clearance operations.
5. Operating constraints: The OLD may impose additional constraints on forestry operations, particularly in terms of access and undergrowth management.

Additional resources and information

For detailed information on the OLD in your region, there are several resources available:

• Prefecture website: This is where you'll find the prefectoral decrees specific to your department.
• Mairie (town hall): Your local town planning department can tell you about local obligations and the areas concerned.
• Office National des Forêts (ONF): The ONF can provide technical advice on the brush clearance methods best suited to your land.
• Map of fire-risk zones: Consult the map of fire-risk zones, generally available on the prefecture or IGN website.
• Website and maps: Oudebroussailler.fr 
• Technical guides: Some regions, particularly in the Mediterranean area, have published practical guides for clearing undergrowth.

Conclusion

The Obligation Légale de Débroussaillement (legal obligation to clear undergrowth) is a crucial element in forest fire prevention. It implies a shared responsibility between landowners and local authorities to maintain at-risk areas in a condition that limits the spread of fires. Although restrictive, this measure is essential to protect people, property and the environment from the increasing risk of fire.

For owners and future buyers of property in rural areas, the DLD represents both a responsibility and an investment in safety. It requires constant vigilance and integration into the day-to-day management of the property. However, by contributing to collective protection against fires, it also helps to preserve the value of the natural and built heritage.

It is vital to keep abreast of changes in the regulations and local conditions relating to LTOs. Collaboration between neighbours, forest owners and local authorities is essential if this obligation is to be implemented effectively, in the interests of everyone and the protection of our forest environment.

Find out more

• Forest for sale: buying guide
• Forests for sale: taxation of woods and forests
• Selling a forest
• Who owns the French forest?
• Preferential forestry rights
• Why buy a forest in Sologne?
• Forest for sale : Can you build in a forest?
• The importance of forests in the fight against climate change