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1. Domestic Noise Problems and Remedies in France
- 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
1.4. Domestic Noise Problems in France - Use of Mairie/Police
If the problem persists, and it is a serious one, then the next stage is to try and arrange for either a representative of the mairie and/or a gendarme/police officer to witness the noise, with a view to criminal proceedings being taken.
The local mairie have a legal responsibility to intervene in noise problems as part of their wider obligations to maintain the peace, although in Paris it is the direct responsibility of the national police.
However, it is rarely easy to get either the mairie or police to act.
If the noise is occurring at night then you should contact the local police/gendarmes. Whether or not the gendarmes/police attend will also depend on the level of their other more urgent commitments.
In general, you are best advised to start off with an initial approach to the mairie and get their support in the matter, as they are then more likely to have greater influence in persuading the police to intervene.
Should you be successful in getting either the mairie or the gendarmes to visit, it is very unlikely that any no noise measuring equipment will be used to establish whether there is a nuisance. The judgement they come to will, therefore, be entirely subjective!
If they consider a nuisance is being caused then they may decide to either give a gentle warning or write up a formal witness statement (procés-verbal) a copy of which is given to the perpetrator of the noise.
In the case of a police report, a further copy is sent to the Procureur de la République (public prosecutor) who will decide whether or not to bring a legal action.
In severe cases the mairie have the power to issue an order (arrêté) that the activity cease or that action be taken to reduce the noise level.
More often than not, no action will be taken, in the hope that their attendance has been sufficiently persuasive.
It may well be that you will need to continue to ask the mairie and/or police to visit on further occasions if the problem persists.
If you feel that the mairie, in particular, are not taking the problem seriously enough, then you can write to the Préfet with a complaint about their inaction.
You may similarly wish to write direct to the Procureur de la République with your complaint, together with any further supporting evidence including, in particular, any evidence you may have from the local huissier.
Next: Médiateur Pénale
Back: Mediation
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