Liability in case of forest fires

A “forest weather forecast” is now broadcast every day by Météo France to raise public awareness of possible fire outbreaks in the territory.

franceinfo: What do we risk if we start a fire? Are the penalties generally very heavy?

Philippe Duport: Yes, for someone who would make a fire in his garden, while he or she knows the municipal decree which prohibits fires in the municipality, the maximum penalty is two years in prison and a fine of 30,000 euros. . When it comes to the involuntary fire of wood, forests, moors, maquis, plantations or reforestation of others, since the law of 2004, the penalties have been increased. They are increased, there too, to two years in prison and a fine of 30,000 euros.

Is it worse if the fire is intentional?

Yes, there, the maximum sentences go up again. The arsonist risks up to 10 years in prison and a fine of 150,000 euros. And if the intentional fire led to the death of others, we go up to life imprisonment.

And watch out for cigarette butts!

Yes, the measure is very recent: it is no longer possible to smoke in the woods and forests, during periods of fire risk, and even up to 200 meters from these areas. The new law explicitly includes the throwing of cigarette butts, among the causes that can “involuntarily cause the burning of woods and forests”.

For the most serious cases, those which have resulted in the death of one or more people, the criminal penalties can reach 10 years in prison and a fine of 150,000 euros. In addition, a person who has suffered damage, whose house has been destroyed for example, will be able to file a complaint and seek compensation.

Landowners also have an obligation to clear brush?

Yes, this obligation has just been reinforced. In areas located in territories at risk of fire, and departments where woods and forests are particularly exposed, there is a legal obligation to clear brush.

Owners must clear their land, and if they do not, they risk a fine of 50 euros per square meter. If the fact of not having cleared the brush has allowed the spread of a fire which has destroyed the property of others, you risk up to one year in prison and a fine of 15,000 euros.


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