9. Odour Nuisance

1. 9.1 Restaurants
2. 9.2 Industrial Installations
3. 9.3 Agricultural Activities

9.1. Restaurants

Kitchen smells from restaurants located in urban areas can be a source of complaint in France, despite the fact that some might find the experience a rather pleasant one!

All restaurants should be using a suitable system of extraction and if it is not up to the required standards then a court of law can order that the situation is rectified.

In extreme circumstances, the establishment can be closed.

If you are suffering smells or other nuisance from a restaurant then you are best advised to consult and act with others who may be also affected and to make representations to your local Mairie or Préfecture.

9.2. Industrial Installations

There are numerous problems throughout the country with smells from industrial installations.

However, in the large majority of cases these smells are either tolerated by the local population, or treated sympathetically by the courts because of the employment opportunities and tax revenues that the installation provides.

Local communes are in a double bind in such situations. A large part of the local taxes comes from taxes on business (the taxe professionnelle) and if this revenue is lost then it would have significant consequences for local public finances.

So if you do have a problem with smells from a local factory then you are going to need to act on a collective basis with other residents to make much headway.

You should also make contact with the public hygiene department in the Préfecture (DDASS) so that you can become acquainted with the history and the relevant regulations.

9.3. Agricultural Activities

If the chances of you taking effective action against a local factory for odour nuisance are slim, then they are almost non-existent in the case of agricultural smells.

As a rule, the courts consider that animal smells and those from crops are part of a natural activity and that the public interest is served in allowing farmers to carry out their activity.

That having been said, there are regulations governing pollution of the environment, notably in relation to water, and if there is this angle to your problem, you would be best advised to approach it from this direction.

There are also particular regulations governing the discharge of agricultural effluent and treatment of wastewater that may also apply.

For more details you should contact the local public hygiene department (DDASS) in your Préfecture.

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