Neighborhood disorders: Noises created by abnormal behavior

Verified 24 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Are you bothered by neighborhood noise in your building or near your house? These noises may emanate from a person or an animal or from an installation. They may be punished if they constitute an abnormal disorder manifesting during the day or night. We are telling you what steps need to be taken to stop this nuisance.

The criteria are different depending on whether the noise is caused night or the day.

At night

Behavioral noise may cause abnormal neighbor disorder if the person making the noise has awareness of the disorder that it generates and that he does not take action to address it.

There are no specific times to set the nighttime noise. In order to be recognized as a nighttime noise, it must occur during the night, i.e. between sunset and sunrise.

When the noise is committed at night, the offense for nighttime noise exists even if it is not repetitive, intensive and does not last in time. This may be noise caused by:

  • An individual (or several), tenant or owner of a dwelling (scream, heels, singing, party...)
  • One thing (musical instrument, hi-fi system, television, DIY tool, firecracker, heat pump, wind turbine, household appliances...)
  • An animal (example: barking).

The nuisances related to odors (barbecue, garbage, manure...) or visual (for example, discomfort caused by installation) may also be an abnormal neighborhood disorder.

In rural areaHowever, there is a certain tolerance towards screaming birds (roosters...). Judges can infer that no abnormal disorder is demonstrated insofar as the noises described are inescapable drawbacks of life in the countryside.

In addition, in the case of of agricultural activity (for example, livestock farming), it is not possible to hold the breeder liable for abnormal neighborhood disorder if the activity pre-existed before your installation. However, the activity must be in accordance with the laws and regulations and must have continued in one of the following ways:

  • Under the same conditions
  • Under new conditions that do not cause the abnormal disorder to worsen
  • Under conditions which result from compliance of the pursuit of the activity with the laws and regulations or without significant change in their nature or intensity.

Video - Thought received: Can we make noise without risk before 10 pm?

Vidéo - Neighborhood - Noise disturbances and nuisances
Credits : Public Service (DILA)

Video title: Can we safely make noise before 10 p.m.? Received Idea

(SMS conversation between two friends)

- What time do we start the party on Friday?

- 6pm! My neighbors might complain if we make too much noise

- I have to warn them

- But no, no need!

- You don't have to warn them, we have the right to make as much noise as we want until 10pm!

(Received Idea)

Can you really make safe noise before 10pm?

(Response)

No, no, no.

Contrary to popular belief, you can't bother your neighbors at any time of day or night.

You can be punished if you make noise too often, too long or too loud, for example at a party.

Similarly, you are responsible for the noise caused by your pet, your child or the use of your household or audiovisual appliances. If your neighbors complain, you may be fined up to €450.

In addition, prefectural or municipal by-laws may prohibit certain noises at certain times in your department or municipality. For example, they are noises caused by DIY work.

So if you're throwing a party during the day or at night, it's best to tell your neighbors so they can tolerate the noise.

(Key Points)

- You cannot disturb the tranquility of others neither by day nor by night

- You can be punished if you make noise too often, too long or too loud

- In case of complaint: fine up to €450

Some prefectural or municipal bylaws may prohibit certain noises at certain times

The day

Behavioral noise may cause abnormal neighbor disorder if the person making the noise has awareness of the disorder that it generates and that he does not take action to address it.

Regardless of the time of day, a behavioral noise can cause an abnormal neighborhood disorder if it is repetitive or intensive or if it lasts in time. This may be noise caused by:

  • An individual (or several), tenant or owner of a dwelling (scream, heels, singing, party...)
  • One thing (musical instrument, hi-fi system, television, fireworks and fireworks, heat pump, wind turbine, household appliances...)
  • An animal (example: barking).

The nuisances related to odors (barbecue, garbage, manure ...) or visual (for example, discomfort caused by an installation) may also be an abnormal neighborhood disorder.

In rural areaHowever, there is a certain tolerance towards screaming birds (roosters...). Judges can infer that no abnormal disorder is demonstrated insofar as the noises described are inescapable drawbacks of life in the countryside.

In addition, in the case of of agricultural activity (for example, livestock farming), it is not possible to hold the breeder liable for abnormal neighborhood disorder if the activity pre-existed before your installation. However, the activity must be in accordance with the laws and regulations and must have continued in one of the following ways:

  • Under the same conditions
  • Under new conditions that do not cause the abnormal disorder to worsen
  • Under conditions which result from compliance of the pursuit of the activity with the laws and regulations or without significant change in their nature or intensity.

The steps differ depending on whether the author of the noise is a tenant or the owner of the dwelling.

Please note

For information on activity noises (for example, construction site noises, bar ...), you should consult information on work-related neighborhood disorders.

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Owner of the accommodation

You must go and see the landlord who occupies the accommodation from which the noises 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 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 owner, you owe him send registered mail with acknowledgement asking to put an end to the annoyance caused by the noise.

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. It may contain rules on noise.

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.

It is also recommended to check if there is municipal or prefectural decree concerning noise.

For example, a municipal by-law may authorize the use of lawnmowers only at certain times.

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

Who shall I contact

Tenant

You must go and see the tenant occupying the accommodation from which the noises originate 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 discomfort caused.

If he still doesn't act, you owe him send registered mail with acknowledgement asking for an end to the annoyance caused by the noise.

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 noise 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 noise.

For example, a municipal by-law may authorize the use of lawnmowers only at certain times.

If the tenant does not comply with the municipal or prefectural order concerning the noise, the mayor must be notified by all means.

Who shall I contact

Call in a Justice Commissioner

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

Call in the police or gendarmerie

You can call the police or the gendarmerie to make sure the nuisance is detected.

You can also to lodge a complaint or to lodge a complaint.

Who shall I contact

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.

The person who made the noise may also be deprived of the thing which was used or was intended to be used to make the noise or the thing which is the product of it.

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.

If, despite your various letters, the nuisances persist, you have the possibility to resort

  • to one 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).

for find an amicable solution with the author of the noise.

Who shall I contact

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

You can take to court that the author of the noise be ordered to compensate your damage.

The competent court depends on the sums involved in the dispute.

  • For a case less than or equal to €10,000, it is the local court or the judicial court.
  • For a case greater than €10,000No, it's the court.
Who shall I contact

Reminder

It is compulsory to have recourse to a judicial conciliator or a mediator or to a participatory procedure in order to be able, subsequently, to appeal to the court.

You must then demonstrate the reality of your damage due to noise nuisance. To do so, you must gather as much evidence as possible to support your claim, including:

  • Letters exchanged with the author of the noise
  • 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. For example, you cannot photograph or film your neighbor in his home without his knowledge.

The judge may grant the payment of damages to make good the damage suffered. It may also order the soundproofing of the accommodation of the author of the noise, or order the termination of the lease if the latter is a tenant.

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.

Who can help me?

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