Neighborhood disorders: Smell disturbances (odors)

Verified 10 December 2021 - Directorate for Legal and Administrative Information (Prime Minister)

Are you bothered by odors (we talk about olfactory nuisance) in your building or near your house? This inconvenience may be penalized if it constitutes an abnormal disorder manifesting itself by day or by night. We are telling you what steps need to be taken to stop this nuisance.

Smell disturbance may be considered an abnormal neighborhood disorder if it is caused by an individual (barbeque, garbage,...). They can also be of professional origin and come, for example, from a restaurant, a factory, an agricultural land (manure, etc.).

We're talking about abnormal neighbourhood disorder when the nuisance exceeds the normal disadvantages of the neighborhood.

The steps differ depending on whether the perpetrator of the nuisance is a tenant or the owner of the dwelling.

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Owner of the accommodation

You must go and see the owner who occupies the dwelling from which the odors come to tell him about your discomfort and ask him to stop the nuisance.

If he doesn't act, you owe him send simple mail reminding her of the smells and discomfort.

It's a good idea to gather as much evidence as possible to back up your mail.

In case of inaction from the owner, you owe him send registered mail with acknowledgement asking for an end to the embarrassment caused.

You can use a template letter to write your mail:

Model letter to address to the noisy neighbor

Furthermore, if the accommodation is joint ownership, it is recommended to check the co-ownership rules. This document may regulate or even prohibit certain practices in housing (use of barbecues for example).

If the owner does not comply with the policy, you must notify the condominium trustee and the President of the trade union council. Indeed, the trustee is the guarantor of compliance with the rules governing joint ownership. He must therefore ensure the tranquility of the occupants of the building.

if you are bothered by strong odors in your neighborhood (home, professional activity nearby, ... ), you can contact the municipal health and hygiene service of your town hall. The mayor can appoint a health inspector to see the reality and the extent of the disorder and ask the person who caused it to stop the nuisance.

It is also recommended to check if there is municipal or prefectural decree about odors.

For example, a municipal by-law may allow use only at certain times.

If the owner does not comply with the municipal or prefectural decree, the mayor must be notified by all means.

Who shall I contact

Tenant

You must go and see the tenant occupying the dwelling from which the odors come to tell him about your discomfort and ask him to stop the nuisance.

If he doesn't act, you owe him send simple mail reminding her of the smells and discomfort caused.

If he still doesn't act, you owe him send registered mail with acknowledgement asking to stop the discomfort caused.

The owner is responsible for the behavior of its tenant. Therefore, you must also send a registered letter with acknowledgement of receipt to the landlord asking him to ensure that his tenant stops the nuisance.

It's a good idea to gather as much evidence as possible to back up your correspondence.

You can use a template letter to write these emails:

Model letter to address to the noisy neighbor

Furthermore, if the accommodation is joint ownership, it is recommended that you check the co-ownership rules which may contain odor rules.

If the tenant does not comply with this policy, you must contact the condominium trustee who will notify the owner of the dwelling. Indeed, the trustee is the guarantor of compliance with the rules governing joint ownership. He must therefore ensure the tranquility of the occupants of the building.

It is also recommended to check if there is municipal or prefectural decree about odors.

For example, a municipal by-law may allow use only at certain times.

If the tenant does not comply with the municipal or prefectural decree on odors, the mayor must be notified by all means.

Who shall I contact

2nd step: compulsory mutual legal redress

If the nuisances persist, you must try to amicably reconcile with your neighbor by using a conciliator of justice. This is free of charge.

3rd step: recourse to the judge

If despite your various steps the nuisances persist, you can make a appeal to the court.

At the same time, you can call on a commissioner of justice (former bailiff and judicial auctioneer) to come and observe the disorder. This approach pays off.

You must prove that the odors are abnormal. This evidence can be provided by any means (e.g. testimonies, petitions, findings of the Commissioner of Justice, mail sent to the neighbor).

The judge will assess on a case-by-case basis the anomalous nature of the nuisance according, in particular, to the following criteria:

  • Intensity
  • Frequency
  • Duration
  • The environment in which it occurs
  • Compliance with regulations

If the judge considers that the nuisance causes an abnormal neighborhood disorder, he can impose one of the following sanctions:

  • Payment of damages against you
  • Termination of the lease if the nuisance comes from a tenant neighbor
  • Carrying out work to reduce or eliminate nuisances
  • Suspending or even stopping activity causing discomfort

Who can help me?

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