The dog from the house opposite who barks continuously. The neighbor on the right who listens to his hi-fi system. And the leftist who tinkers, handling drill, electric saw, hammer throughout the weekend. Not to mention the new neighbor who thinks she is an opera singer... All these noises, therefore "they abnormally disturb the neighborhood" are considered noise and can be punished.
Neighborhood and noise: Regulations
The legislation against noise
The first law relating to fight against noise December 31, 1992. It was to recognize that the exposure to noise nuisance is a source of health disorder (disruption of sleep, fatigue, difficulty of concentration, anxiety-depressive disorders, etc.).
On several occasions the law has been strengthened, in particular by the decree of 31 August 2006 relating to the fight against noise from neighbors. Today, the legislation against noise is codified both in the Code of the environment but also in the Code of public health. And the latter is explicit: " No particular noise must, by its duration, its repetition or its intensity, to affect the tranquility of the neighborhood or the health of the man, in a public or private place (Article R 1334-31)».
Prefectural, municipal or co-ownership by-laws may be even more restrictive than the law on noise. The mayor, because of his general policing power, can regulate the use of lawnmowers or power tools.
The Penal Code, on the other hand, punishes the night-time noise (Article R 623-2) and the noise attacks, with a view to disturbing the tranquility of others (Abusive Tapage - Article 222.16) ".
Neighborhood and noise nuisance
Day and night, any noise can be punished if it disturbs the neighborhood abnormally.
What are the characteristics of a noise nuisance:
- Sounds emanating from peopleCries, songs, heels, etc. That this person is the owner, the tenant or a simple guest.
- Noise emanating from objects or tools: power tools or household, musical instruments, stereo, radio, television, etc.
- Sounds emanating from animals: Barking, meowing, etc.
The day these noises must be: Intensive, repetitive or last in time.
At night (between 10 pm and 7 am), we talk about a night roar, the offense is presumed without the need that the noise is intensive, repetitive or that it lasts in time. The author of the noise must nevertheless be aware of the nuisance it generates.
Special case of abusive proceedings
If the noise nuisance is sanctioned, the abusive procedures are also sanctioned!
To institute proceedings solely for the purpose of harming, inventing or exaggerating facts is punishable by the courts. And the neighborhood quarrels especially in terms of noise can sometimes go far...
Before you start a procedure against a neighbor who is too noisy, start with an amicable remedy. But if the facts are substantiated, the law protects you.
Similarly, if you are the victim of an intolerant neighbor who has dragged you to court unfairly, seek damages.