Neighborhood disorders: Smell disturbances (odors)

Verified 06 December 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Are you bothered by odors in your building or near your home? We're talking about olfactory nuisance. This annoyance may be punished if it constitutes an abnormal neighborhood disorder. We are telling you what steps need to be taken to stop this nuisance.

Step-by-step approach

Smell disturbances can be caused by an individual (barbeque, garbage, etc.) or be of professional origin and come, for example, from a restaurant, a factory, an agricultural land (manure, etc.).

We're talking about abnormal neighbourhood disorder when the nuisance exceeds the normal disadvantages of the neighborhood.

In rural areaHowever, there is a certain tolerance for odors associated with the presence of animals. Judges can infer that no abnormal disorder is demonstrated insofar as the odors described are unavoidable disadvantages of living in the countryside.

In addition, in the case of of agricultural activity (e.g. breeding), it is not possible to hold the breeder liable for abnormal neighborhood disorder if the activity existed before your installation. However, this activity must be in accordance with the regulations and have continued:

  • Either under the same conditions
  • Under new conditions that do not cause the abnormal disorder to worsen
  • or under conditions which result from compliance with the rules by the pursuit of the activity or without any significant change in their nature or intensity.

The steps differ according to the origin of the nuisances (odors from a home or a professional activity).

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Accommodation

You must go and see the person occupying the dwelling (the landlord or tenant) to tell them about your discomfort and ask him to put an end to olfactory nuisance.

FYI  

The owner is responsible for the behavior of its tenant.

If the occupant does not act, you owe him send simple mail reminding her of the smells and discomfort.

It's a good idea to gather as much evidence as possible to back up your mail.

If he still doesn't act, you must give formal notice to stop the nuisance by sending it registered mail with acknowledgement of receipt.

You can use a model letter to write your mail (the model concerns neighborhood noises but you can also use it for olfactory nuisance):

Model letter to address to the noisy neighbor

Please note

If the accommodation is in joint ownership, it is recommended to check the co-ownership rules. This document may regulate or even prohibit certain practices in housing (use of barbecues for example). If the occupant does not comply with the regulations, you must notify the condominium trustee and the President of the trade union council. Indeed, the trustee is the guarantor of compliance with the rules governing joint ownership. He must ensure the peace of the occupants of the building.

Professional activity

If you are bothered by strong odors in your neighborhood (for example, a restaurant activity nearby), you can contact the municipal health and hygiene service from your town hall. The mayor can appoint a health inspector to see the reality and the extent of the disorder and ask the person who caused it to stop the harm.

Who shall I contact

Call in a Justice Commissioner

You can call on a Commissioner of Justice (formerly bailiff and judicial auctioneer) to make one or more findings. This observation will be useful for eventually appealing to the judge.

Call in the police or gendarmerie

You can call the police or the gendarmerie to make sure the nuisance is detected.

You can also to lodge a complaint or to lodge a complaint.

Who shall I contact

One flat-rate fine the person causing the nuisance may then be liable to pay an amount of:

  • €68 if the person pays the fine immediately or within 45 days of the finding of the offense (or if the notice of violation exists, it is sent)
  • €180 after this period.

The person causing the nuisance may also be deprived of the thing which was used or was intended to be used to commit the nuisance or the thing which is the product of it.

Warning  

A person who has been threatened or insulted on false grounds of nuisance may also lodge a complaint for bullying. In addition, a person who wrongly notifies the police or gendarmerie risks conviction for slander. The maximum penalty is 5 years imprisonment and €45,000 of fine.

If despite your various letters, the odor nuisance persists, you have the possibility to use a conciliator of justice (free of charge) or mediator (paid approach) or to a participatory procedure (paid approach with recourse to a lawyer) for find an amicable solution with the person who caused the nuisance.

This is mandatory in order to be able subsequently to make a appeal to the court.

You can take to court that the perpetrator of the nuisances be ordered to compensate your damage.

The competent court depends on the sums involved in the dispute.

  • For a case less than or equal to €10,000, it is the local court or the judicial court.
  • For a case greater than €10,000No, it's the court.
Who shall I contact

Reminder

It is compulsory to have recourse to a judicial conciliator or a mediator or to a participatory procedure in order to be able, subsequently, to appeal to the court.

You must then demonstrate the reality of your harm because of the nuisance. To do so, you must gather as much evidence as possible to support your claim, including:

  • Letters exchanged with the author of the nuisance
  • Statement by the Commissioner of Justice, Minutes
  • Testimony, Petition
  • Medical certificate if your health has deteriorated due to these nuisances.

Any evidence shall be admissible by the court provided that it has been gathered loyally. For example, you cannot photograph or film your neighbor in his home without his knowledge.

The judge may:

  • Grant payment of damages to make good the damage suffered
  • Demand an end to the disorder, and sometimes under penalty payment
  • Order work to be carried out (for example, ventilation work in the dwelling)
  • Declare the lease terminated if the troublemaker is a tenant.

Warning  

A person who appeals to the court for nuisance but loses his trial risks conviction for abusive procedure. The convicted person then risks a civil fine a maximum of €10,000 and the payment of damages.

Who can help me?

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