For many years, beach attendants and professionals in France have claimed entire sections of beaches, sometimes limiting public access. Is this practice legal? Is it really possible to privatize a beach in France ? The professionals at Michaël Zingraf Real Estate answer your questions.
Beach Privatization : What Does French Law Say?
According to French law, there cannot be private beaches in France : the maritime public domain, which includes the sea and the beaches, is recognized as inalienable (no one can become its owner) since a ruling by the Council of State in 1858.
In 1986, the Littoral Law established the principle of free and unrestricted public access to beaches. However, it introduced certain conditions that allow operators to temporarily lease portions of the beach under specific circumstances. The Littoral Law was supplemented in 2006 by the "Beach Decree," which reaffirms these principles.
Beach Operations : What Are the Obligations of Concessionaires?
- Since the Littoral Law, 1,500 concessions have been authorized. To be legal, they must be issued by the prefecture.
- The concession contract is signed for a maximum duration of 12 years, which is renewable.
- The operation of the concession can only last 6 months out of the year, except in certain seaside resorts, where it is permitted for 8 months.
- Motorized land vehicles are prohibited on the beaches, as well as on the dunes of the public domain.
Only emergency, police, and maintenance vehicles are allowed.
To Obtain Operation, Must the Concessionaire Also Meet Certain Conditions?
- The operator must engage in an activity directly related to the operation of the beach parcel (beach activity, catering, beach club, above-ground pool, equipment rental, etc.);
- Permanent structures are prohibited : beach attendants, restaurants, and merchants must be able to dismantle their installations at the end of the season;
- Concessionaires must keep at least 80% of the shoreline length and the mid-tide area of the beach free of any installations, and at least 50% for artificial beaches;
- A strip located along the sea (3 to 5 meters wide) must remain passable for pedestrians: it is therefore strictly prohibited to install a barrier or fence to block access. This measure also applies to private homes located by the sea.
Private Beach: What Are the Exceptions?
The AOT (Temporary Occupation Authorization) is the only legal provision that allows for the restriction of access to a beach. It is generally granted temporarily for the installation of trampolines.
In very rare cases, Article L.321-9 of the Environmental Code has also allowed exceptions to the law on free access for pedestrians to the beach, under certain exceptional conditions (the decision then rests with the prefects).
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