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Neighborhood disorders: noises of professional activities (construction site, bar, ...)
Verified 10 December 2021 - Directorate for Legal and Administrative Information (Prime Minister)
Corresponds to all days of the week except the weekly day of rest (usually Sunday) and public holidays usually not worked in the company
Additional cases ?
Noise caused by activity (such as construction site, bar or disco activity) may be punished if it causes abnormal disturbance to the neighborhood. To do this, it is mandatory to make an amicable approach. If the unrest persists despite this approach, an appeal to the judge is possible.
What applies to you ?
Restaurant, bar, disco
The operator of the establishment shall comply with the following measures:
- Respect opening and closing times and certain restrictions set by orders issued by the mayor or prefect (for example, prohibition of the sale of alcohol at certain times)
- Take care not to harm the neighborhood (nighttime noise, fight between customers, ...)
- Maintain sound levels (especially for establishments broadcasting music)
Please note
when music is played by an individual, it is behavioural noise and not activity noises.
Step 1: Sending mail
First, it is recommended to send a letter (simple or recommended) to the operator of the establishment to tell him about your discomfort and ask him to stop the nuisance.
If the noise comes from the ground floor of the condominium building in which you live, you must first check the co-ownership rules. This document can regulate or even prohibit certain practices. If the institution does not comply with the co-ownership rules, the trustee may ask the institution to comply with the co-ownership rules.
2- Mandatory steps
Amicable action
If the discomfort persists, you must attempt an amicable conciliation with the establishment by calling a conciliator of justice. This is free of charge.
Other approach
In case of discomfort, you can contact the city hall to find out for example the authorized times.
Ask the mayor to stop a neighborhood noise
If the operator of the facility doesn't respect them, you can ask the mayor to have a municipal officer come and see the disturbance. The mayor has the opportunity to ask the operator to meet his obligations related to his activity.
3- Appeals to the judge
If the discomfort persists despite your steps, you can make a appeal to the court of first instance.
At the same time, you can call on a commissioner of justice (former bailiff and judicial auctioneer) to come and observe the disorder. This approach pays off.
Who shall I contact
To do this, you must gather as much evidence as possible (a statement by the Commissioner of Justice, copies of letters sent to the trustee or to your town hall, testimonies and petitions, medical certificate if your health has deteriorated...).
The judge may order the following:
- Obligation to perform soundproofing work on the establishment or temporary closure of the establishment as a penalty
- Payment of damages
- Confiscation of equipment used to commit the noise (e.g. sound equipment)
Public works site
A public works site is considered noisy by nature.
However, the contractor must:
- Take all precautions to limit the noise (misorientation of the equipment towards the dwellings, etc.)
- Comply with the conditions of use or operation of the equipment (poor maintenance, non-conformity of the equipment used, etc.)
- Respect the times, namely the working days from 8:00 am to 8:00 pm (or from 7:30 am to 7:30 pm). Derogations by prefectural or municipal decree may, however, be issued concerning the hours of work, but also the time ranges of use of certain particularly noisy machines
- Not behave abnormally noisy
1- Mandatory approach
In case of discomfort, you must contact the City Hall to know the conditions of construction of the site and the authorized times.
If the contractor doesn't respect them, you can ask the mayor for a municipal officer to come and see the disturbance.
Ask the mayor to stop a neighborhood noise
The mayor has the possibility to ask the contractor to respect the conditions of construction of the site and the authorized schedules.
Ask the mayor to stop a neighborhood noise
2 - Appeal to the court
If the discomfort persists despite your steps, you can make a appeal to a court.
At the same time, you can bring in a justice commissioner to come and see the disturbance. This approach pays off.
Who shall I contact
To do this, you must gather as much evidence as possible (statement by the Commissioner of Justice, copies of letters addressed to your city hall, witness testimonies and petitions, medical certificate if your health has deteriorated...).
In particular, the judge may order the suspension of the activity as a penalty. It may also order the payment of damages.
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Ministry of the Environment
Ministry of Health