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What is noise legally? What are your rights in the face of a neighbor who is too noisy? What steps can you take?
When is there noise pollution?
There is noise pollution when there is discomfort. The discomfort depends on the intensity of the noise, its duration, your own sensitivity. Excessive noise is reprimanded regardless of the time of day. It is not necessary that the noise be nocturnal (emitted after 10 p.m.) for the author to be sanctioned.
How to attempt an amicable appeal?
The first thing to do is to go see your neighbor, to make him aware of the noise he is making. You can also send him a registered letter with acknowledgment of receipt. Finally, one can go to see, at the town hall of his residence, the conciliator of justice who often makes it possible to solve the problem.
How do you get law enforcement involved?
If attempts to settle the problem amicably have not been successful, the police or the gendarmerie can then be called in. The difficulty is to make them move and draw up a report. The latter may lead to the payment by the neighbor of a fine of 400 euros and damages, the amount of which remains limited.
Should we go to court?
As a last resort, you can go to the civil judge. The procedure requires more time and money. It will often be necessary to hire a lawyer and prepare a file of evidence (testimonials from neighbors, reports from bailiffs). In the event of victory, the neighbor can be ordered to pay substantial damages and sometimes to carry out work to improve the sound insulation.
DAMY Law Firm, Nice, My neighbor is making too much noise. 2022 Update
