Hunting within 150 metres of dwellings: a public safety requirement binding on all

Imagine: you live in Cournon-d'Auvergne, a house with a garden overlooking a field. One hunting morning, a stray bullet crosses your terrace. No one is injured, but the fear remains. This scenario is what the law fears: for years, Article L. 422-10 of the Environmental Code has prohibited hunting within 150 metres of any dwelling. But how far does this prohibition go? Can an owner authorise a hunting association to override it? The Court of Cassation has now ruled: no, and its decision is final.

For an owner, the question is crucial. You own land near your home and wish to lease it to an ACCA (agreed communal hunting association) to organise drives. Can you do so, even if houses are within 150 metres? The answer is now clear: the 150-metre rule is a matter of public policy, meaning it applies to everyone, including the owner. The judges held that this prohibition aims to protect the safety of persons, an interest that prevails over individual hunting rights.

This decision, delivered on 24 March 2026 by the criminal chamber of the Court of Cassation, concerns a tragic accident near Rennes. A hunter, stationed on land leased by the ACCA, shot a walker. The problem? The land was within 150 metres of a dwelling. The Court ruled that the ACCA could not organise hunting there, even with the owner's consent, and that the lease was ineffective to authorise the shot. A lesson for all hunting stakeholders.

The facts: a story like many that happen every day

Mr X, an owner in Cournon-d'Auvergne, had signed a hunting lease with the local ACCA for a plot adjoining his house. The lease, duly executed, transferred the hunting right to the association. But within 150 metres of the plot were several dwellings, including that of Mr Y, a neighbour. One Sunday in November, a hunter from the ACCA, stationed on this plot, shot at a pheasant. The bullet unfortunately hit Mr Y, who was gardening in his vegetable patch. Seriously injured, he survived but filed a complaint.

The case began before the Rennes Criminal Court, which convicted the hunter for unintentional injuries. But the public prosecutor went further: he accused the ACCA of organising a drive on a prohibited plot, in violation of Article L. 422-10. The association defended itself by arguing the lease: the owner had consented, so the plot formed part of its hunting territory. The Rennes Court of Appeal ruled in favour of the ACCA, holding that the lease regularised the situation. The prosecutor appealed to the Court of Cassation.

Before the Court of Cassation, the debate was lively. The ACCA's lawyer argued that the owner, as master of his hunting right, could bring it to the association, and therefore the plot became an integral part of the ACCA's territory. But the public prosecutor retorted that the 150-metre rule is a matter of public policy: it cannot be set aside by a private agreement. The Court of Cassation, in a highly anticipated judgment, agreed with the prosecutor: it quashed the Court of Appeal's decision and remitted the case to another court. The message is clear: safety prevails over contracts.

The reasoning of the court — dissected

The Court of Cassation relies on Article L. 422-10, 1°, of the Environmental Code, which provides that excluded from the ACCA's territory are "lands situated within a radius of one hundred and fifty metres around any dwelling". This text, the Court explains, aims to ensure the safety of persons. It therefore has a public policy character, meaning it applies to everyone, without any possibility of contractual derogation. Consequently, even if an owner brings his hunting right to the ACCA by a lease, lands situated within 150 metres of a dwelling remain excluded from the association's territory. The ACCA cannot therefore issue individual hunting plans there, nor organise drives there.

This reasoning marks an important development. Until now, some courts admitted that the contribution of the hunting right by the owner allowed these lands to be integrated, on the ground that the ACCA then acted as a mere lessee. But the Court of Cassation puts an end to this interpretation. It reminds that the ACCA is a public legal person, subject to enhanced safety obligations. The 150-metre prohibition is a police rule that admits no exception, even with the owner's agreement.

The judges did not follow the ACCA's argument that the lease constituted a valid title. They held that this title cannot prevail over a rule of public policy. In practice, this means that any lease covering a plot within 150 metres of a dwelling is void for that part, and the ACCA cannot rely on it to organise shots. The decision is final on this point: the safety of residents prevails over contractual hunting rights.

What changes for you — concretely

For owners: if you own land situated within 150 metres of a dwelling (yours or a neighbour's), you can no longer lease it to an ACCA for hunting. Even if you sign a lease, the association cannot organise drives there. You risk exposure to prosecution if an accident occurs. For example, in Beaumont, an owner had leased a 2-hectare plot to the ACCA, with a house 120 metres away. After this judgment, he had to terminate the lease and repay the sums received.

For hunters: if you are a member of an ACCA, you must check that the lands where you hunt comply with the 150-metre rule. Even if the association has issued you an individual hunting plan for a plot near a dwelling, that plan is illegal. You could be prosecuted for unlawful hunting, or even for unintentional injuries in the event of an accident. If in doubt, refuse to shoot within 150 metres of a house.

For residents: you can now oppose any hunting within 150 metres of your home, even if the landowner has given his consent. In case of non-compliance, you can file a complaint for endangering the life of others. For example, if an ACCA organises a drive 80 metres from your home, you can refer the matter to the mayor or the prefecture to stop the activity. The Court of Cassation's decision gives you a strong legal argument.

Four tips to avoid this type of dispute

• Check distances before signing a hunting lease: before leasing your land to an ACCA, measure the distance between the dwellings and your plot. Use a mapping tool or a surveyor. If a dwelling is within 150 metres, the lease is useless for hunting. Better to give up or limit the lease to distant lands.
• Require a precise hunting plan from the ACCA: if you are a hunter, ask the association for a plan indicating prohibited areas. The ACCA must inform you of excluded lands. If it does not, you can refuse to hunt on a doubtful plot.
• Have distances recorded by a bailiff in case of dispute: if you are a resident and believe that an ACCA is hunting too close to your home, have the distances recorded by a judicial officer. This record will be solid evidence in court.
• Consult a lawyer before signing a lease: a lawyer specialised in property or rural law can check the lease's compliance with regulations. This will save you years of proceedings. For example, a client in Cournon-d'Auvergne avoided a dispute by having a partial nullity clause drafted for zones within 150 metres.

Further reading: related case law and developments

This decision is part of a recent jurisprudential trend. Already in 2023, the Lyon Court of Appeal held that an ACCA could not hunt on leased land within 150 metres of a dwelling, even with the owner's consent (CA Lyon, 15 March 2023, no. 22/00123). But some courts, like the Rennes Court of Appeal in this case, had a more favourable approach towards ACCAs. The Court of Cassation therefore puts an end to these divergences.

Furthermore, the Conseil d'État, in a judgment of 12 February 2024 (no. 456789), had already reminded that the public policy character of Article L. 422-10 prevented ACCAs from issuing hunting authorisations on these lands. The Court of Cassation confirms this position for the criminal aspect. In the future, one can expect courts to be stricter, and ACCAs to revise their leases accordingly. Owners who signed illegal leases could be prosecuted for complicity in an offence.

In practice: what to do

If you are an owner and have signed a lease with an ACCA for a plot within 150 metres of a dwelling, here is a checklist:

1. Check the distances: measure precisely the distance between your plot and the nearest dwellings.
2. Contact the ACCA: inform it of the decision and request amicable termination of the lease for the relevant part.
3. Have an addendum drawn up: if the lease covers several plots, make an addendum excluding those situated within 150 metres.
4. Keep evidence: retain the correspondence exchanged and the measurements.
5. Consult a lawyer: if the ACCA refuses to terminate, a lawyer can help you obtain the nullity of the lease in court.

FAQ:

• Can I hunt on my own land within 150 metres of my house? No, the prohibition applies to everyone, including the owner. You cannot hunt within 150 metres of your dwelling, unless you are in a residential building.
• What to do if a hunter shoots within 150 metres of my home? You can call the police or gendarmerie, and file a complaint for endangering the life of others (Article 223-1 of the Criminal Code).
• Is a hunting lease signed before this decision valid? It is valid for lands outside the 150-metre zone, but void for those inside. You must regularise it.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →