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Neighborhood disturbances: noises of professional activities (bar, restaurant, construction site...)
Verified 24 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Amount to be paid within a specified period following certain traffic offenses and without going through a court. The amount may be reduced or increased depending on the date of payment.
Reporting a person to the police or gendarmerie for acts that are known to be totally or partially inaccurate.
Amicable approach to resolving a dispute based on the signing of a written contract by which each undertakes to seek an agreement within a certain period. The use of a lawyer is mandatory.
Initiating or continuing an unjustified legal action which results in the infringement of the rights of others
civil judge's sanction of paying a sum of money to the public treasury in the event of an abusive judicial procedure.
Amount of money intended to compensate for the damage suffered
Corresponds to all days of the week except the weekly day of rest (usually Sunday) and public holidays usually not worked in the company
Additional cases ?
Are you bothered by professional activity noises (noises related to a construction site, the activity of a bar, a disco, a gym broadcasting music...)? These noises can be punished. We are taking stock of the regulations.
What applies to you ?
Please note
When music is played by an individual, it is behavioural noise and not activity noises.
Bar, disco and other establishments
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.
Please note
The operator may be punished with a fine of €1,500 if the sound level exceeds the maximum emergence values.
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.
Please note
The operator may be punished with a fine of €1,500 if he is unable to present the study in the event of an inspection. Similarly, the operator may be fined the same amount if he does not submit a certificate of verification of the limiter(s) when their installation is required by the study.
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.
Warning
A person who has been threatened or insulted on false grounds of noise nuisance may also lodge a complaint for bullying. In addition, a person who wrongly notifies the police or gendarmerie risks conviction for slander. The maximum penalty is 5 years imprisonment and €45,000 of fine. The person against whom the false report is made may file a criminal complaint against the perpetrator. He may also be prosecuted by the public prosecutor.
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).
Who shall I contact
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.
Warning
A person who appeals to the court for noise pollution but loses his trial risks conviction for abusive procedure. The convicted person then risks a civil fine a maximum of €10,000 and the payment of damages.
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).
Public and private works site
A public or private works site (private work site) is considered, by nature, as noisy.
These noises can to disturb tranquility or the health from the neighborhood.
To avoid this, the contractor must:
- Take all precautions to limit the noise (correct orientation of the equipment towards the houses...)
- To comply with the conditions of use or operation of the materials or equipment (compliance and maintenance of the machines used...)
- Respect the times, namely the working days of 8:00 am to 8:00 pm (or 7:30 am to 7:30 pm). Derogations by prefectural or municipal decree may, however, be issued concerning the hours of work, but also the time ranges of use of certain particularly noisy machines
- Not behave abnormally noisy.
In addition, the contractor must inform the public that work is underway. This information is made by a visible display on the premises. This view shows job duration, hours, and manager contact information. Local residents must be informed of the noisiest phases of the construction and the reasons why they are noisiest.
If the contractor of a public yard does not respect its obligations and that causes nuisance, you can ask the mayor to have a municipal officer come to note the nuisances.
Ask the mayor to stop a neighborhood noise
The mayor may to give notice to the contractor comply with the conditions of construction of the site and the authorized timetable.
The mayor may also take a activity limiting order on site due to complaints from the neighborhood.
If it is a private yard (work of an individual), you can call the police or the gendarmerie to come to note the nuisances.
You can also to lodge a complaint or to lodge a complaint.
One flat-rate fine the person making the noise may then be subject to an amount of:
- €68 if the perpetrator pays the fine immediately or within 45 days of the finding of the infringement (or the sending of the notice of infringement if it exists),
- €180 after this period.
If the discomfort persists despite your gait, you can make a appeal to the administrative court (this appeal must be made to the court of law the location of the site (if it is a private site).
You must then demonstrate the reality of your harm because of the noise pollution. To do this, you must gather as much evidence as possible to support your request (testimonies, petition, medical certificate if your health has deteriorated...).
Warning
A person who appeals to the court for noise pollution but loses his trial risks conviction for abusive procedure. The convicted person then risks a civil fine a maximum of €10,000 and the payment of damages.
In particular, the judge may decide on the following penalties:
- Interruption of the site
- Payment of damages
- Payment of a fine of up to €1,500 (€3,000 in case of recurrence).
Who can help me?
Find who can answer your questions in your region
Service-Public.fr
Service-Public.fr
Ecological Transition Agency (Ademe)
Ministry of the Environment