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1. Domestic Noise Problems and Remedies in France
There is no clear legal definition of what consitutes noise nuisance arising from the lifestyle of neighbours.
The law merely specifies certain circumstances where noise nuisance might arise, which may be considered ‘unnecessary, uncaring or aggressive’.
Examples given in the legislation include a barking dog, loud music, DIY, domestic electrical equipment, fireworks, ventilation, or air conditioning equipment.
It also includes noise complaints about the French national symbol itself, the cockerel!
Local authorities can also fix times during which DIY can be undertaken, and during which noisy equipment in the garden can be used, outside of which a nuisance is considered to arise. However, this practice normally only applies in urban areas.
A noise is considered excessive if it is likely to disturb the peace of neighbours or their health by their ‘duration, repetition or their intensity’.
Anyone one of the three criteria is sufficient for a potential nuisance to be caused.
The rule applies irrespective of the time of day or night. Therefore, although a neighbour may feel it reasonable to play loud music up to say 11pm in the evening, the law makes no concession as to the time at which the noise nuisance occurred.
Sadly, however, those causing a noise nuisance are only liable to a fine of up to €450 in the criminal court, and possible (though rarely) confiscation of the offending item.
Only if it could be demonstrated that a neighbour was deliberately and maliciously causing a noise nuisance could the punishment be greater, including the possibility of a prison sentence.
Top Tip!
Given that the level of the fine is so low, a complainant is often obliged to bring a civil action to bring about full resolution of the problem.
There are a number of different routes that can be taken to try to resolve a domestic noise problem with your neighbour, which are considered below.
The different approaches are:
- 1.1. ‘Friendly Persuasion’
- 1.2. Legal Advice Centre
- 1.3. Mediation
- 1.4. Mairie/Police Intervention
- 1.5. Médiateur Pénale
- 1.6. Tribunal d’instance
- 1.7. Civil Proceedings
Next: Friendly Persuasion
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