Neighbourhood nuisance
Noise, a blocked view, smells, smoke, branches hanging over the fence: neighbour disputes often start with ordinary use that has become excessive. The law distinguishes mere inconveniences, which everyone must put up with, from abnormal nuisance, which gives rise to a right to compensation. Since the Act of 15 April 2024, this standalone regime of no-fault liability has been codified in Article 1253 of the French Civil Code. This guide explains what abnormal nuisance is, how noise, loss of view or sunlight, smells and vegetation are characterised, how to gather evidence and take action, and what sanctions the court can impose.
All questions
Abnormal neighbourhood nuisance is harm that exceeds the ordinary inconveniences between neighbours. Since the Act of 15 April 2024, it is codified in Article 1253 of the French Civil Code: whoever causes it is liable as of right, with no fault to prove, as soon as the nuisance is abnormal.
Noise becomes a neighbourhood nuisance when it harms peace and quiet by its duration, its repetition or its intensity (Article R. 1336-5 of the French Public Health Code). At night, tapage nocturne (night-time disturbance) is punished by a fine. The victim can act to obtain compensation and have the noise stopped.
Loss of view or sunlight caused by a neighbouring building does not, in principle, give rise to compensation: no one has an acquired right to a panorama. Compensation remains possible if the deprivation is excessive and amounts to abnormal neighbourhood nuisance, assessed case by case by the courts.
Smells, smoke or encroaching vegetation may amount to abnormal neighbourhood nuisance, assessed in concreto according to intensity and environment. But someone who moves in next to a pre-existing activity that complies with the regulations cannot, in principle, obtain compensation (pre-existence exception, Article 1253, second paragraph, of the French Civil Code).
To take action, gather evidence (a bailiff's report, witness statements, noise measurements), then send a formal notice. A prior amicable attempt is mandatory for any abnormal neighbourhood nuisance, whatever the amount claimed (Article 750-1 of the French Code of Civil Procedure). Failing agreement, bring the matter before the judicial court.
The court can order the person causing the nuisance to pay damages making good the loss suffered, but also order the nuisance to stop: soundproofing works, restoration, even demolition. These measures may be coupled with a periodic penalty payment (astreinte), a sum due for each day of delay, to compel the neighbour to comply.
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