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 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.

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.