The notion of abnormal neighborhood disorder is more framed

Until then, the notion of “abnormal neighborhood disorder” was present in court decisions, notably of the Court of Cassation, but absent from the legal codes. The law of 15 April 2024 to adapt the law of civil liability to current issues has brought this principle into the Civil Code.

It is thus stated that an owner, tenant or occupant causing a disturbance (noise, odors...) exceeding the normal inconveniences of the neighborhood is automatically responsible for the damage caused. Depending on the situation, it is therefore possible to take various steps to put an end to this nuisance, for example:

• call on a Commissioner of Justice to draw up one or more findings;
• contact the police or gendarmerie to have the inconvenience caused noted;
• make an attempt at amicable settlement;
• bring a case before a judge if the attempt to reach an amicable settlement fails.

In which cases does the notion of abnormal neighborhood disorder not apply?

The Law of 15 April 2024 provides for a specific framework for agricultural activities. Thus, the notion of abnormal neighborhood disorder cannot be accepted in the case of agricultural activities:

• that comply with laws and regulations;
• and that existed before the person complaining about the abnormal disorder was settled.

In order for the concept of abnormal disorder not to be accepted, it is also necessary for the agricultural activity in question to take place:

• with the same intensity as before the arrival of the person complaining;
• or under new conditions that do not cause the abnormal disorder to worsen;
• or under new conditions resulting from compliance with a law or regulation.

The liability of a farmer for an abnormal neighborhood disorder may also be excluded when the nature or intensity of his activity has changed, but not significantly (slight diversification, modest increase in the number of animals, etc.).

All these provisions concern in particular:

• the singing and screaming of animals on a farm;
• the smell of manure;
• the sound of agricultural machinery.

In addition to the specific characteristics of farming, the Law of 15 April 2024 states that, whatever the nature of the activity, liability for abnormal neighborhood disturbance cannot, in the same way, be accepted if the activity in question:

• pre-existed the installation of the person complaining;
• complies with legislation and regulations;
• continues under the same conditions as before the person who feels injured settled, or under new conditions that do not cause the abnormal disorder to worsen.