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Precise Subdivision Regulations
With regard to plantations, subdivision regulations prevail over the rules of the civil code, but they must nevertheless be precise enough to be applied.
The Court of Cassation has just approved a court of appeal which had rejected the application of regulations deemed too imprecise, in favor of legal provisions.
This case opposed two owners of a housing estate concerning the height of a dividing hedge. One of the owners had planted a cedar hedge approximately 1.70 meters high, ie less than 2 meters from the separation limit, thus respecting the legal limit of 2 meters in height provided for by the Civil Code. His neighbor relied on the regulations of the subdivision, more restrictive according to him, and which should prevail.
The Court’s Judgment
The Judgment of the Court refers to a decision rendered by the Court of Cassation in a case between two neighbors concerning the height of a dividing hedge. In this case, one of the neighbors had planted a cedar hedge about 1.70 meters high, thus respecting the legal limit of 2 meters specified in the civil code. However, the other neighbor argued that the subdivision regulations were more restrictive and should prevail.
The Court of Cassation confirmed the decision of the Court of Appeal, which had rejected the application of the subdivision regulations because of their imprecise nature. According to the Court, when the regulations concerning the maximum height of the hedges are vague or unclear, it is the legal provisions specified in the civil code which must apply.
This judgment underlines the importance of precise and clear development regulations so that they can be effectively applied. It establishes that in cases where the regulations lack clarity, the general legal provisions set out in the civil code prevail to determine the rights and obligations of neighbors with regard to plantations and hedges.
For the Court of Cassation, when the regulations governing the maximum height of the hedges prove to be imprecise, it is the legal provisions which must then apply.
It should be remembered that the civil code organizes the rules for planting between neighbors, but its rules apply only in the absence of specific regulations or customs.
