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Barbecue, lawn mower, swimming pool… What your neighbor does in his garden can sometimes cause major neighborhood disturbances. So are there any regulations? What can we do?
The barbecue
Barbecues can be a source of very unpleasant nuisances due to the spread of odors and smoke in the gardens. This can then constitute an excessive disturbance of the neighborhood. In some regions, the barbecue can also pose a risk of fire, for example, if it is lit without precaution, with old equipment, or near dry and flammable vegetation. Some municipalities, therefore, prohibit the use of barbecues in the summer.
The lawnmower Lawnmowers
are likely to generate significant noise pollution in the neighborhood. In some municipalities, the days when it is possible to use a mechanical or electric mower are fixed by the mayor. It is therefore common for the use of the mower to be prohibited on Sundays and public holidays. The type of mower authorized is also regulated by an order, which sets the limit value for the sound level. The use of a non-approved mower is totally prohibited, even on authorized days in the municipality. If your neighbor’s mower is particularly noisy, ask to justify that it is approved.
The swimming pool and the animals
The noises related to the swimming pool and the animals can constitute significant sound disturbances. Three criteria are taken into account to assess whether these noises affect the tranquility of the neighborhood: duration, repetition, and intensity. Indeed, we can’t go complaining about the barking of a dog which occurs from time to time, or about bathing noises only on certain days. Moreover, these nuisances can be assimilated to nocturnal noise if they occur between 10 p.m. and 7 a.m.
What can I do?
In the context of relations with neighbors, it is advisable to try to reach an agreement with your neighbor. If the latter refuses any dialogue, it is then necessary to call on a bailiff who comes to see the nuisances and their importance. It is then necessary to seize the district court on the basis of this finding. We are asking for the condemnation to cease its actions and to pay damages. If it is nocturnal noise, you must call the police who will find the violation.
DAMY Law Firm, Nice, Nuisances from the neighboring garden, Update 2022
