Neighborhood disorders: Noises created by abnormal behavior

Verified 28 January 2025 - 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.

Neighborhood disorders refer to abnormal nuisance or discomfort caused by a neighbor. This disorder is audible where it results from noise from professional activity or domestic noises.

These may be noises 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 or garden tool, firecracker, heat pump, wind turbine, household appliances...)
  • An animal (screaming, barking).

For a noise to be recognized as an abnormal neighborhood disorder, it must overcome ordinary inconveniences community living.

Noise nuisance can be punctual (e.g. a party) or repetitive (barking, loud music), by day (7am to 10pm) and by night (10pm to 7am).

Three main criteria are taken into account when assessing the abnormality of a noise:

  • The intensity of the noise, i.e. the severity of the disorder it causes
  • The duration and repetitionHowever, a one-time nuisance is less often considered a disorder than a recurring discomfort
  • And the local context (urban or rural, professional or residential). For example, noise deemed tolerable in a dense urban environment may be considered abnormal in a quiet neighborhood.

Please note

Neighborhood disorders may also be olfactory (smell), visual (e.g. obstructed vision).

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

Several preliminary steps are to be carried out in successive stages presented below.

1. Go to the person who caused the nuisance

First of all, it is necessary to go and see the occupant of the dwelling (owner or tenant) where the noises come from to tell him of your discomfort and ask him to stop the nuisance.

2. Send a simple email

If he does not act, then you must send him a simple mail. This letter must recall:

  • The origin of the disorder (for example, barking at a dog or tinkering tool sounds)
  • The discomfort caused by this noise in your daily life (especially affecting your tranquility or health)
  • The need to put an end to the nuisance suffered.

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

3. Send registered mail with acknowledgment of receipt

Then, if the troublemaker does not act, you must send a registered mail with acknowledgement of receipt on giving notice to stop the embarrassment caused by noise.

This letter contains the information contained in the previous letter.

You can also use a template letter to write your mail:

Model letter to address to the noisy neighbor

Please note

The owner is responsible for the behavior and disturbances caused by his tenant. Therefore, if the troublemaker is a tenant, you must also send a registered letter with acknowledgement of receipt to the owner of the dwelling to ask it to take all the necessary measures to put an end to the nuisance.

4. In the case of a condominium unit, notify the trustee

In addition, if the unit is a condominium, it is recommended to check the co-ownership rules. This document may contain rules, in particular the prohibition of disturbing the tranquility of the occupants by any noise of any kind. The terms of the co-ownership agreement are binding on the owners and tenants of the property.

In the event that the perpetrator does not comply with the co-ownership rules, you must notify the trustee, by any means (e-mail, letter, etc.), of the nuisance suffered. Indeed, the trustee is the guarantor of compliance with the rules governing joint ownership. He must therefore take all the necessary steps to preserve the tranquility of the occupants of the building.

5. Notify the Mayor

Finally, it is also recommended to check whether there is a municipal (mayor's decision) or prefectural (prefect's decision) order concerning noise.

Some bylaws may, for example, impose schedules to use gardening or do-it-yourself tools (lawn mower, chainsaw, drill, etc.).

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

Call in a Justice Commissioner

You can call on a commissioner of justice (formerly a bailiff) to make one or more findings.

The report of findings is an official document prepared by a Commissioner of Justice. This document contains an objective and impartial description of the situation. It may be accompanied by documents (photographs, audio recording, video, etc.) and measurements made by the Commissioner of Justice (e.g. sound level measurement).

This document will be useful in bringing the matter before the judge.

Call in the police or gendarmerie

You can call the police or the gendarmerie to make sure the nuisance is detected. Their intervention consists in making a noise observation as well as a verbalization of the author if the noise nuisances are proven.

Who shall I contact

FYI  

The noises or offensive or nighttime noise, disturbing the tranquility of others, are punished by a fine of €450 maximum. The person who made the noise may 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.

This offense may also be the subject of a flat-rate fine for 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.

You can also drop a handrail or complain.

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.

For find an amicable solution with the noise generator if the nuisances persist despite your various letters, you have the possibility to use:

  • 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).
Who shall I contact

FYI  

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

What to ask the judge?

If all the previous steps have not been successful, you can take legal action to ask:

  • The cessation of nuisances, possibly under penalty payment

The judge will order all the measures that he considers useful to put an end to the disorder, such as soundproofing the housing. In this case, it will seek to preserve or restore your living environment.

  • L'compensation of damage due to abnormal neighborhood disorder

The judge may order the perpetrator to pay you damages to compensate or compensate you for the damage suffered. This repair concerns the material damage (for example, depreciation of real estate) and the non-material damage (for example, the disturbance of tranquility).

  • The termination of the lease of the tenant causing the nuisance.

This action enables the joint owners' union or to any co-owner to obtain the eviction of the tenant, the author of the noises.

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.

Which court has jurisdiction?

The jurisdiction varies:

  • For a action for interim measures or for a dispute the amount of which is indeterminate or greater than €10,000No, it's the court of law of the place where the competent author of the noise remains.
    It is compulsory to be accompanied by a lawyer.
Who shall I contact
  • For a dispute that is less than or equal to €10,000, it is the local chamber (formerly the court of first instance) of the place where the author of the noise resides that is competent. In this case, the lawyer is not obligatory.

You can use a form to enter the court.

Application for referral to the judicial or community courts

  • For an action for termination of the lease, it is the judge of disputes of protection of the location of the building who is competent.

A form is available for referral to the protection litigation judge.

Application for referral to the protection litigation judge

It is recommended to have a lawyer represent you, even if representation is not mandatory.

What documents should be sent to the judge?

For any request, it is mandatory to provide proof of the reality of the disorder and sound abnormal character. To do this, you need to gather as many documents as possible to support your application, including:

  • Letters exchanged with the author of the noise
  • Report of findings drawn up by a Commissioner of Justice
  • Testimony, petitions
  • Receipt of complaint or handwriting
  • Medical certificate if your health has deteriorated due to these nuisances.

Any evidence shall be admissible provided that it is gathered fairly. For example, you cannot photograph or film your neighbor in his home without his knowledge.

Who can help me?

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