The Lagleize Law, adopted in its first reading at the end of 2019, aims to curb rising real estate prices by separating land from buildings. In other words, one becomes the owner of the buildings, but not the land. This measure facilitates access to property, but it complicates exterior development. If the land does not belong to you, are you allowed to fence it?
The Separation of Buildings and Land in Practice
This text is directly inspired by the Bail Réel Solidaire (BRS – Solidarity Real Lease). A solidarity land organization (OFS) retains ownership of the land, and the individual only buys the house, which reduces the initial purchase price by 30 to 40%. The resident then pays a monthly fee for the occupation of the land.
This is a form of “superficial” ownership. You fully enjoy the garden thanks to a very long-term lease, but you do not own the subsoil. This inevitably raises the question of demarcation: how can you protect a private space that is not technically yours?
The Right to Enclose One’s Land Remains Valid
Under BRS, the resident has the status of a quasi-owner. The right to enclose one’s land remains a fundamental principle of the Civil Code, even when the land belongs to a third party. Therefore, you can certainly install a fence, a gate, or a privacy screen.
However, pay attention to the foundations. Before pouring concrete pads to seal your posts, read the regulations of your Solidarity Land Organization. Many contracts require prior validation of exterior work to maintain visual coherence in the neighborhood. The OFS often imposes specifications or a landscape charter. Before ordering an aluminum fence or artificial hedges, check these rules. Some areas require low fences or prohibit specific materials to ensure the harmony of the subdivision.
The PLU Has the Final Say
Regardless of your ownership status, the Local Urban Plan (PLU) always takes precedence. Your OFS may very well approve a two-meter fence, but if the town hall refuses it, you will not be able to install it.
The Lagleize Law does not create any exceptions to urban planning rules. Authorization from the town hall via a prior declaration of works is often still required, as is compliance with setback distances from the road, obscuration colors, and maximum heights.
Who Pays for Maintenance and Works?
In case of breakage or wear of a low wall or fence, it is the owner of the buildings who pays for maintenance or replacement, not the OFS. You are responsible for the upkeep of your fence.
Since leases are concluded for several decades (up to 99 years), it is best to choose durable and corrosion-resistant materials from the outset. Furthermore, resale under the Lagleize Law and BRS is subject to regulated prices. A well-maintained exterior with quality equipment remains the best way to avoid depreciation and reassure future buyers.
Adapting Your Equipment to Site Constraints
Finding the right layout sometimes requires a bit of adaptation to the joint requirements of the town hall and the OFS. Rigid mesh fencing is generally the simplest solution to get approved: it is robust, discreet, and minimally alters the land’s structure. To gain privacy, it is often sufficient to add privacy slats.
If you have any doubts about what is feasible for your property, Districlos advisors can guide you. Whether it’s a motorized gate or a simple shared boundary, the goal is to find products that respect your budget, your PLU, and the specifics of your lease, without compromising the safety of your garden.
Expert in fencing, gates, and outdoor landscaping since 2019.
Holds a Master’s degree in Digital Marketing – SEO, UX/UI.
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