The operator of the establishment shall comply with the following measures:

• Respect opening and closing times and certain restrictions set by orders issued by the mayor or prefect (for example, prohibition of the sale of alcohol at certain times)
• Be careful not to harm the neighborhood (nighttime noise, fight between customers...)
• Respect sound levels (especially for establishments broadcasting music). Indeed, the noise generated by an activity involving the diffusion of music at high sound levels must not impair the tranquility or the health of the neighborhood by its duration, its repetition or its intensity.

In order to prevent such interference, noise emissions must not exceed the following limit values:

• Spectral emergence of 3 decibels in normalized octaves from 125 hertz to 4 000 hertz
• Overall emergence of 3 A-weighted decibels.

The operator of the establishment must establish a study of the impact of noise to prevent noise pollution. The study also concerns festival managers.

The study investigates the impact on noise nuisance of the different possible configurations of the amplified sound diffusion system. In particular, it may conclude that it is necessary to install acoustic pressure limiters.

This study shall be updated if any alteration is made to the accommodation, changes in activities, or changes in the sound distribution system, if not foreseen in the original study.

The operator shall submit the study in the case of a check.

You may not incur the liability of the operator if its activity is causing the nuisance existed before your installation. You must be able to justify your installation by producing a bill of sale or an act granting you the use of the property or, in the absence of a bill, on the date of possession of the property.

This rule is valid whatever the nature of the activity (agricultural, industrial, craft, commercial, tourist, cultural or aeronautical).

However, the person who caused the nuisance must, however, :

• Comply with applicable legislation
• And to continue its activity under the same conditions or under new conditions that do not cause the abnormal disorder to worsen.

However,, you can take certain steps :

• If the activity causing the nuisance did not exist before your installation
• Or if the author of the noise does not comply with the legislation in force (respect of the noise level...)
• Or if the activity causing the nuisance existed before your installation but does not continue under the same conditions (worsening of the disorder).

Take prior steps

You must go and see the operator of the establishment from which the noise originates 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 noise and embarrassment.

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

In case of inaction from the operator, you owe him send registered mail with acknowledgement asking to put an end to the annoyance caused by the noise.

In addition, if the establishment is located in a joint ownership, it is recommended to check the co-ownership rules. It may contain rules on noise.

If the operator does not comply with the regulations, you must notify the condominium trustee and the president of the union board. 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 concerning noise.

If the operator does not comply with the municipal or prefectural decree, you must notify the mayor by all means.

Take additional steps in the event of inaction by the operator

You can call on a Commissioner of Justice (formerly bailiff and judicial auctioneer) to make a finding. This observation will be useful for eventually appealing to the judge.

You can also use the police or gendarmerie to show the nuisance.

You can file a complaint or file a complaint.

One flat-rate fine may be imposed on the operator for an amount of:

• €68 if it settles the fine immediately or within 45 days of the finding of infringement (or the sending of the notice of infringement if it exists),
• €180 after this period.

Make an attempt at a friendly settlement

If, despite your various letters, the nuisances persist, you have the possibility to find an amicable solution with the operator, to use:

• To a conciliator of justice (free of charge)
• Or to a mediator (fee-based approach)
• Or to a participatory procedure (paid approach with recourse to a lawyer).

This is mandatory in order to be able subsequently to make a appeal to the court.

Consider recourse to the judge in case the amicable settlement fails

You can appeal to the court of the place where the establishment is situated .

You must then demonstrate the reality of your damage due to noise nuisance. To do this, you must bring together a maximum of evidence in support of your request, including:

• Letters exchanged with the operator
• Statement by the Commissioner of Justice, Minutes
• Testimony, Petition
• Medical certificate if your health has deteriorated due to these nuisances.

Any evidence shall be admissible by the court provided that it has been gathered loyally.

The operator may commit his liability for abnormal neighborhood disorder.

The judge may order the following:

• Obligation to perform soundproofing work on the establishment or temporary closure of the establishment as a penalty
• Payment of damages
• Payment of a fine of up to €1,500 (€3,000 in case of recurrence)
• Confiscation of noise-emitting equipment (e.g. sound equipment).