2. Commercial - Industrial - Agricultural Noise Nuisance in France

1. 2.1. General Law
2. 2.2. Construction Sites
3. 2.3. Public Works
4. 2.4. Musical Venues

2.1. General Law on Commercial Noise Nuisance in France

Since 2007, the law on noise from professional activities has been tightened up, although to date there is little case law on it.

The main difference now between the law and procedure governing domestic noise complaints and that governing disturbances emanating from professional, cultural or sporting activities is that, in the latter case, noise measurements are taken, using the decibel scale.

The base line for determining infractions is 25dB(A) within your premises, and 30Db(A) outside the property. In calculating whether a noise nuisance is being caused the duration of time during which the noise persists is also taken into consideration, with lower tolerances between 2200 hours and 0700 hours.

Those found in breach of these limits are also subject to a higher fine of up to €1500. Given the relatively paltry nature of the fine, those suffering noise from a professional activity should also consider trying to take a civil action alongside or instead of criminal proceedings.

The noise monitoring equipment will normally be through the public hygiene department in the Préfecture (Direction des affaires sanitaires et sociales - DDASS) who will decide whether a nuisance is being caused.

You may invoke the involvement of the DDASS personally but it would probably be better arranged after discussing the matter with the local mayor who may decide to request the Préfecture to intervene, which will carry more weight.

In considering the case the authorities will have regard to the location of the property, where the rules governing the operation of business in a residential area are going to be applied more strictly than in an industrial zone.