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Statutory Obligations to Clear Vegetation
1. Arrangements for Obtaining Landowner Consent in the Context of the Implementation of Statutory Vegetation Clearance Obligations
Article D. 131-15-1 of the Forestry Code
Each landowner whose property is affected by a vegetation clearance or vegetation-cleared state maintenance operation shall be notified of such operation by formal notice.
The notice shall contain the following information:
- The scheduled period and arrangements for implementing the operation;
- An estimate of the costs of the works and any associated ancillary expenses;
- The right to accept or refuse the operation in writing within one month of receipt of the notice.
In the absence of a response within one month of receipt of the notice, consent shall be deemed to have been given.
IMPORTANT: In the event of refusal, the landowner shall retain sole responsibility for carrying out the vegetation clearance or maintaining the property in a cleared state.
2. Arrangements for Verifying Compliance with Vegetation Clearance Obligations upon Transfer of Ownership
Article D. 134-7 of the Forestry Code
The transferor of land, a building, a construction site or an installation subject to a vegetation clearance or vegetation-cleared state maintenance obligation shall provide a statutory declaration confirming that such obligation has been discharged in accordance with the applicable legislative and regulatory requirements, and in particular the implementing arrangements laid down by the representative of the State according to the nature of the risks, pursuant to the final paragraph of Article L. 131-10 of the Forestry Code.
The statutory declaration shall be appended, as applicable, to the preliminary sale agreement or the pre-contract, as well as to the notarial deed of sale.
