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TOURISM

Reader question: Are there private beaches in France?

Amid accusations of racism at fancy seaside resorts and legal controversies surrounding US statesmen, we take a look at the law surrounding private beaches in France.

Reader question: Are there private beaches in France?
People enjoy a sun bath on a public beach while other are having lunch on a private one during the 64th Cannes Film Festival on May 19, 2011 in Cannes. (Photo by GUILLAUME BAPTISTE / AFP)

Question: I read that all beaches in France are public property, but down here on the Riviera there are a lot of ‘private beaches’ – how do the rules actually work?

In France, everyone has the right to a dip in the ocean, though it might not seem that way when walking through certain areas.

There are 1,500 of these “private beaches” in France – the vast majority of them located on the Côte d’Azur.

They have become a source of controversy recently, after two private beaches in Juan-les-Pins were accused of racism and discrimination following an investigation and video circulated by French media Loopsider. The video (below) shows how a white couples receive different treatment than North African or Black couples.

So what are these ‘private beaches’ and are they even legal in France?

In reality, none of these beachfront hotels, resorts or beach operators actually own that land, as the sea and the beach are considered ‘public maritime’ and are therefore the domain of the French state.

This means that technically there are no private beaches in France, as no one is supposed to be allowed to own the beach, though there are some caveats to that rule.

Since 1986, the State has been able to grant ‘concessions’ to allow for parts of the beach to be temporarily rented. Thus, hotels, resorts or beach operators can request a temporary rental of the beach for a specific period of time – the maximum duration being twelve years, which is renewable. If the local town hall agrees, then the renter will pay a fee (typically between €15,000 and €100,000 per year). 

This might seem like a de facto way of allowing beaches to be privatised, but the few who manage to ‘rent the beach’ are still subject to some constraints. For instance, they are only allowed to occupy the beach for six months of the year (sometimes this can be extended up to eight months with the permission of the town hall, or twelve months in less common circumstances).

At the end of the season, they are required to dismantle their installations, so permanent private structures on the beach are therefore not allowed.

So you might see a waterfront resort, but they do not technically have ownership over the beach.

What about private deckchairs or sun beds next to the water? 

This is another rule that is not always perfectly respected. Legally, any organisation that rents a part of the beach is required to leave a strip of “significant width” along the sea.

This is usually about three to five metres from the high tide mark, where members or the public can walk along the water or bring down their own towels or deck chairs down to the beach.

If a ‘private beach’ has deck chairs or sun-loungers right up against the water, there is a good chance the renting organisation is not following the rules.

Beachfront property

As the public has the right to be able to access the beach, homeowners are not allowed to block passage and can even incur fines for doing so. 

The public must be able to pass through land to get to the beach, and cannot be blocked from the beach in front of a property.

Public access to the beach came into the spotlight due to a controversy surrounding a property of former American presidential candidate and statesman, John Kerry.

Kerry’s family owns a villa in Saint-Briac-sur-Mer in Brittany, and has fought a three-decade legal battle to be able to block the coastal trail on the property, which by French law, should be accessible to the public. 

Despite the family siting potential ‘security threats’ should the beach front path be open to the public, local authorities backed plans to continue allowing public access in 2019.

What about building a waterfront property?

First, keep in mind that building in general in France is a heavily regulated process that requires planning permission.

You will not be able to build within 100 metres of the shoreline. If you buy a pre-existing coastal property, you will need to remember the three-metre rule discussed above and, as the Kerry family discovered, you are not allowed to block public access to the beach. 

For ‘coastal zones’ specifically, there are more strict regulations and most plots of land by the sea are listed as protected natural areas, and therefore are not allowed to be built on.

Can access to the beach ever be forbidden?

Yes, as per the Coastal Law of 1986, local authorities can forbid access to the beach for “security, national defence or environmental protection.” During the Covid lockdowns several local authorities banned access to beaches to avoid illicit partying.

There are also several rules about what you are allowed to do – and not to do – while visiting French beaches, and some of them might surprise you. 

READ MORE: The little-known French beach rule that could net you a €1,500 fine

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EES PASSPORT CHECKS

EES border checks could undergo ‘soft launch’, UK says as app concerns mount

The UK government is preparing for a "soft launch" of the new EU border system – the Entry/Exit (EES) system - in October but authorities are still waiting for European Commission to confirm the start date, amid concerns over the delay of a new app.

EES border checks could undergo 'soft launch', UK says as app concerns mount

The UK government is preparing for a soft launch of the new EU border system – the entry/exit (EES) system – on the assumption that it will go live on October 6th, ministers told a hearing at the House of Commons European scrutiny committee this week.

But the European Commission is expected to confirm the exact launch date of the new biometric checks for non-EU travellers entering the Schengen area at some point this summer, they added.

“We are very much working on a basis whereby this policy will go live on the 6th of October. It is important that we plan for that eventuality. We are expecting to hear definitively from the European Union that ‘go live’ arrangement in the summer,” Tom Pursglove, UK Minister for Legal Migration and the Border told the committee.

The parliamentary committee is conducting an inquiry on the disruptions the system will cause in the UK.

Pursglove also said that “precautionary measures” have been agreed by the EU, that will be put in place in certain circumstances after the start of EES, for example if delays at the borders exceeded a certain length of time.

Guy Opperman, Under-Secretary of State at the Department for Transport, said that in practice this meant a “soft launch” of EES for 6 months before “a full go live”. During that soft launch EU member states and the UK could deploy flexibility measures should problems occur.

“The likelihood is, after multiple delays, that the 6th of October will proceed” and the implementation looks “very different” compared to previous scenarios considering the flexibility allowed in the first 6 months, he argued.

No details were given on what these “flexible” measures would involve however. 

READ ALSO: Your questions answered about Europe’s EES passport checks

He conceded that “a lot of work” still needs to be done but the UK “should be as ready as everybody” and “better be at front of the queue”.

App not ready

During the meeting, it also emerged that a much-anticipated app that would allow remote pre-registration of non-EU citizens subject to the checks will not be available for testing until August “at best”, prompting concerns about the EES launch date.

“You don’t need to be a sceptic about future projects to think that the provision of the app in August for going live in October is optimistic,” Opperman said.

Ministers confirmed that the app will not be ready in time for October and the committee previously stated it might be delayed until summer 2025.

The app will facilitate pre-registration, but photo and fingerprints will still have to be taken at the border in front of a guard, the committee heard.

READ ALSO: How do the EU’s new EES passport checks affect the 90-day rule?

Several MPs asked whether the entry into operation of the EES should be delayed again if technology is not ready. But Under-Secretary Opperman said the app “is not going to be a panacea to fix all problems”.

The main aim of EES is to increase security and to ensure that non-EU nationals visiting the Schengen area for a short-term do not stay more than 90 days in any 180-day period.

The entry into operation of the system has already been delayed several times and there have been calls from certain travel companies and national authorities to delay it again.

Under the new scheme, non-EU/EFTA travellers who do not need a visa will have to register their biometric data (finger prints and facial images) in a database that will also record each time they enter and exit the Schengen area.

Instead of having passports manually stamped, travellers will have to scan them at self-service kiosks before crossing the border. However, fingerprints and a photo will have to be registered in front of a guard at the first crossing and there are concerns the extra time needed will generate long queues, especially in Dover, Folkestone and St. Pancras station in London, where there are juxtaposed French and UK border checks.

Progress in preparations

Minister Pursglove also updated MPs on ongoing preparations. He said some testing of the system will take place within days, 5 kiosks have been installed at St. Pancras station and are available for testing. “You are beginning to see the physical infrastructure appear,” he said.

Kiosks and extra lanes are also being created at the port Dover and it was agreed with the EU passengers travelling by coach will be checked away from the Eastern dock, where controls usually take place, allowing to gain space. The vehicles will then sealed and drive on the ferries.

MPs also discussed the infrastructure cost linked to the introduction of the EES. Opperman said all EU countries will have to make “huge investments” in their ports. In the UK, he argued, this will help “address problems that have existed for some time”. Because of this “massive investment”, in a few years time “Dover will be totally transformed,” he said.

This article is published in cooperation with Europe Street News.

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