Coastal erosion: What the Climate and Resilience Law changes

Coastal erosion: What the Climate and Resilience Law changes

Distinct from the 1986 Coastal Law, the 2021 Climate and Resilience Law introduces an entirely new legal framework for properties located in municipalities exposed to coastal erosion — with direct consequences on the sale of a prestigious property by the sea.

An obligation to provide information is now integrated into the advertisement itself

Since 2023, real estate advertisements for properties located in municipalities classified as being exposed to coastal erosion must disclose this risk directly in the advertisement, with a link to available information. The risk assessment report—a document already mandatory for other natural hazards—now incorporates this specific criterion and must be provided to the potential buyer or tenant from the negotiation phase onward, in accordance with Article L.125-5 of the French Environmental Code.

Municipalities gradually classified by decree

Only municipalities officially listed by decree are affected by this system. This list is gradually expanding—in Morbihan, for example, an initial decree in April 2022 included municipalities such as Arzon and Quiberon, followed by a second decree in February 2026 adding Groix, Guidel, and Locmariaquer. A seller or buyer must therefore verify the precise status of the municipality in question at the time of the transaction, as this list is likely to change in the coming years as erosion projections become more precise.

A new right of pre-emption dedicated to erosion

Beyond the obligation to provide information, the law establishes a specific right of pre-emption for local authorities in the affected areas, allowing them to acquire threatened properties as a priority in order to anticipate their relocation. This new tool complements existing pre-emption rights (urban planning, SAFER) without replacing them, and is specifically aimed at the long-term management of coastal erosion rather than traditional urban development.

The real estate adaptation lease, a tool to reconcile use and anticipation

For properties acquired by the public authorities but not threatened in the very short term, the law creates a -term lease for adaptation to coastal erosion —a contract allowing the continuation of tourist or economic activities, in exchange for an upfront payment and periodic fees. This lease includes a mechanism for early termination if the advance of erosion compromises the safety of the occupants—an intermediate solution between a traditional sale and forced relocation.

The impact on value: a specific valuation method

For properties intended for public acquisition, the value is primarily determined by comparison with similar properties located in the same exposure zone. In the absence of a comparable property, a discount proportional to the property's expected remaining lifespan may be applied—a mechanism that, beyond public acquisitions alone, already influences market perception in these areas and can impact the negotiation of private properties in the most exposed sectors.

What this means for a seaside property purchase project

These provisions do not call into question the attractiveness of the French coastline, which remains very strong, but they impose increased vigilance before any purchase in a classified municipality: check the exact status of the plot, consult the projections of evolution of the coastline available from the State services, and integrate this parameter in the negotiation of the price as well as in the perspective of resale in the medium term.

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