< Return to list Contact us
Can a beach be privatized in France?

file img blog

For many years, beachgoers and professionals in France have claimed entire sections of beaches, sometimes limiting access to the public. Is this practice legal? Is it really possible to privatize a beach in France? The professionals at Michaël Zingraf Real Estate answer your questions. Privatization of beaches: what does French law say? According to French law, there can be no private beaches in France: the maritime public domain, which includes the sea and beaches, has been recognized as inalienable (no one can become the owner) since a decision by the Council of State in 1858. In 1986, the Littoral Law established the principle of free and unrestricted access to beaches by the public. However, it does establish certain conditions that allow operators to temporarily rent portions of the beach. The Littoral Law was further supplemented in 2006 by the "Plage Decree," which reaffirms these principles. Operation of beaches: what are the obligations of concessionaires? Since the Littoral Law, 1,500 concessions are authorized. To be legal, they must be issued by the prefecture. The concession contract is signed for a maximum period of 12 years, renewable. The use of the concession can only last for 6 months per year, except in certain seaside resorts where it is granted for 8 months. The circulation of motor vehicles is prohibited on the beaches, as well as on the dunes of the public domain. Only emergency, police, and maintenance vehicles are allowed. To obtain the concession, the concessionaire must also comply with certain conditions: - The operator must engage in an activity directly related to the operation of the beach area (beach activities, restaurants, beach clubs, above-ground pools, equipment rental, etc.). - Permanent constructions are prohibited: beach establishments, restaurants, and shops must be able to dismantle their installations at the end of the season. - Concessionaires must leave at least 80% of the shoreline length and at least 50% of the mid-tide surface area free of installations for natural beaches, and at least 50% for artificial beaches. - A strip located along the seafront (with a width of 3 to 5 meters) must allow pedestrians to pass by. It is therefore strictly prohibited to install barriers or fences to block access. This measure also applies to private houses located by the sea. Private beach: what are the exceptions? The Temporary Occupation Authorization (AOT) is the only legal provision that allows access to a beach to be limited. It is usually issued on a temporary basis to install trampolines. In certain very rare cases, Article L.321-9 of the Environmental Code has also allowed exceptions to the law on free pedestrian access to the beach, under exceptional conditions (the decision then rests with the prefects). Sale of exceptional properties by the seaside Are you looking for a prestigious property by the sea? As luxury real estate specialists on the French Riviera for 40 years, professionals at Michaël Zingraf Real Estate, exclusive affiliate of Christie's International Real Estate for the South region, offer a wide selection of waterfront properties and houses with stunning coastal views. Find all our listings online!
(dernière mise à jour 25 Jul 2023 à 03:07 )