HomePropertiesRentalsGuides to FranceRegionsServicesForumsNewsVersion Française
Log-in | Register

Log-In to Account
Username

Password


Not registered?
Property Rights
French Property Rights
 - Land Registration
 - Determination of Boundaries
 - Boundary Walls
 - Noise Nuisance
 - Rights of Way in France
 - Trees and Shrubs
Guides to France
Buying Property in France
 - House Buying Process
 - Buying Off-Plan
 - Buying at Auction
Building & Renovation
 - Building a New House
 - Planning System
 - Property Renovation
Finance & Taxation
 - Banking in France
 - French Mortgages
 - Taxes in France
 - Inheritance Laws & Taxation
Public Services
 - Health Care Services
 - School Education
 - Higher Education
Work & Business
 - Starting a Business
 - Letting Property
 - Micro Entrepreneur Business
Property Rights
 - Land Registration
 - Boundaries
 - Boundary Walls
 - Noise Nuisance
 - Rights of Way
 - Water Rights
 - Trees and Shrubs
 - Openings in Buildings
House Insurance
 - Finding a French Insurer
 - House Insurance Policies
Travel in France
 - Driving in France
Utilities
 - Postal Services
 - Electricity
 - Water
Contact
Contact Us
Send this to a friend
Community and News
 - Forums
 - Free Newsletter
 - Newsletter Sign-up
Services
 - Bookstore
 - Metric Unit Conversion
Finance
 - French Mortgages
 - Mortgage Brokers
 - Mortgages & Taxation
 - Currency Services
  

Search from our database of over 10,000 properties and find your dream home today!
PriceRegionBedrooms 



1. Domestic Noise Problems and Remedies in France

  1. 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


1.7. Domestic Noise Nuisance in France - Taking Civil Proceedings

Given the deficiencies of the criminal process outlined in the previous pages, more often than not a complainant needs to bring a civil action instead of trying to invoke the public authorities to act.

However, there is no reason why the two cannot run in tandem.

The legal test for noise nuisance in civil cases is whether or not the noise is ‘abnormal’.

The courts take the view that neighbours need to have a degree of tolerance towards one another and that a certain level of disturbance is a normal part of daily life.

Whether or not the noise is abnormal will depend on the circumstances in each case, including the location of the property, whether in town or country.

Proof of nuisance needs to be provided by all means possible, notably the evidence of witnesses.

This is particularly important in relation to intermittent noise problems, where the attendance of a public official or police is not always possible.

It is also important to keep a full written record of the incidents.

You are best advised to seek the advice and assistance of the local huissier to help provide independent evidence in support of your complaint.

Where you are seeking damages not exceeding €4000 then the case can be heard by a local court (juge de proximité) where the use of an avocat is not obligatory.

Between €4000 and €10000 the case is heard by a Tribunal d’instance where an avocat is not obligatory, but is recommended.

Above this figure the case is heard by a Tribunal de grande instance where the use of an avocat is necessary.


Next: Commercial Noise Nuisance in France

Back: Tribunal d’instance



The IFP Guides are published for general information only.
Please visit our Disclaimer for full details.

  


LinksAdvertisingHelpAbout IFPContact UsReferenceLegal

Copyright © Internet French Property