Brush clearing (OLD)

OLD : penalties, checks and the consequences of refusal

Long overlooked, the obligation to clear undergrowth is now being taken seriously: inspections after each season, administrative fines of up to €50 per square metre, compulsory clearance work charged to the owner, increased insurance excesses and mandatory disclosure when selling. A comprehensive guide to what you stand to lose.

Get my affairs in order

3-minute read Content verified — July 2026

Key points

Inspection by the mayor (or authorised officials): report → formal notice subject to a delay (often 1 to 2 months).
Deadline passed: an administrative fine of up to €50 per square metre failure to clear undergrowth and/or a penalty of up to €100 per day (maximum €5,000).
The local authority may arrange for the work to be carried out automatically, at your own expense (plus).
Criminal penalties may also apply (a fine of up to €1,500 for a minor offence; a criminal offence in the event of serious consequences).
In the event of a fire: increased insurance excess of up to €5,000 and liability towards third parties.

The standard procedure, step by step

The inspection

The mayor, local authority officials or sworn officers (ONF, DDT depending on the department) assess the condition of the plot — often during spring campaigns, sometimes following a report or after an aerial survey. This is supported by photographs and an official report.

The formal notice

Official letter setting out the work to be carried out and a time limit (usually 1 to 2 months). This is THE time to take action: if the work is completed within this timeframe, the proceedings will be dropped. Discussions with the local council (signed quote, scheduled works) often result in a realistic deadline.

Administrative sanctions

Time limit expired: administrative fine of up to €50 per m² subject to the obligation and not processed (Act of 10 July 2023) and/or penalty up to €100 per day of delay (capped at €5,000).

Enforcement by the court

The local council is having the work carried out by a contractor, and you bill for the whole lot — plus management fees. You lose the freedom to choose the service provider, the timetable and the price.

The criminal aspect (aggravated cases)

A fine (up to €1,500) for a simple breach, depending on the circumstances; if your negligence contributed to the spread of a fire that caused damage or endangered lives, the offence becomes a criminal one — with compensation payable to the victims.

The silent penalty: your insurance

Under the 2023 Act, in the event of a fire claim, the insurer may apply a an additional excess of up to €5,000 if failure to comply with the OLD contributed to the damage. In practical terms: a damaged house + a plot that does not comply = a reduction in compensation, entirely in accordance with the law. And in civil proceedings, your failure to comply may render you liable to neighbours whose property has burnt down via your vegetation. Conversely, a dated photo album labelled ‘plot cleared of scrub in April’ is an excellent defence — bear this in mind when you’ve finished your work (the checklist includes it).

Sales and lettings: the OLD is now included in the surveys

Since 1 January 2025, in the areas concerned, the requirement to clear undergrowth must be specified as soon as the property advert is published and be included in the statement of risks provided to the purchaser or tenant.
Buyer: insist on seeing proof of compliance (photos, maintenance invoices) — bringing a neglected plot up to standard can cost thousands of euros: a legitimate bargaining point.
Seller/lessor: Failure to provide information may result in you being held liable (up to and including the cancellation of the sale in the most serious cases of misrepresentation).

Are you acting in good faith but feeling overwhelmed?

Contact the town hall BEFORE the formal notice is issued : A credible schedule (signed quotation) is almost always accepted.
Older people or those with limited mobility: some local authorities and inter-municipal bodies organise group work schemes, or even provide assistance — and the gardening tax credit cuts the bill in half.
A stubborn neighbour blocking your aisle? The written notification procedure shifts the liability (and the penalties) onto him — keep the evidence.

Yes, and increasingly so: local spring campaigns, targeted inspections following formal notices, ONF/DDT patrols in sensitive forest areas, and waves of systematic checks following each severe season. The Mediterranean departments publish figures each year showing a rise in the number of formal notices issued.

You, as the new owner — the obligation attaches to the property. This is why it is important to have negotiated this when purchasing the property (disclosure has been mandatory since 2025). If you were not given this information when it was due, you may be able to take legal action against the seller: consult a solicitor or an ADIL.

This is a maximum charge per square metre of uncleared land: a 1,000 m² shortfall could theoretically result in a charge of €50,000. In practice, the fines imposed are proportionate — but the cost of compulsory enforcement and the insurance excess are added on top. Clearing undergrowth always costs less than failing to do so.

The risk changes every day. So do your reflexes.

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