Tired of the din with your neighbors? Test this simple and legal tip to find some tranquility at home.
The noise between neighbors is more frequent than you think: more than one in two French people say they suffer from it. If you live the same thing, no need to complicate everything right away: there is a simple solution, which has already helped a lot of people to find a little calm.
The abnormal noises that can constitute a sound nuisance caused by the neighborhood are diverse and varied, and can cause discomfort day and night for the people who undergo them. These noises can be caused by individuals (not heavy, cries, festivals …), the use of a musical instrument or a noisy DIY tool (hammer, drill …) or by an animal (barking, crying, cries …). And so that a noise can be recognized as a nuisance, it must go beyond the ordinary disadvantages of community life, is to intervene at poorly appropriate hours (from 10 p.m. to 7 a.m.) or repeatedly, knowing that a punctual nuisance is less often considered as a disorder than a recurring embarrassment. The local context also has all its importance in the context of noise pollution, because for example, a noise deemed tolerable in an urban environment can be considered abnormal in a quiet area.
Have you asked your neighbor to make less noise, but he doesn’t want to hear anything? Before starting a long and tedious procedure, start by sending him a letter of formal notice which will push him to react and lower the volume without having to set foot in a court. To do this, this letter must recall the nuisances observed (nature, date and time), the legal obligations of your neighbor in terms of noise, the risks incurred, a reminder of the regulations (public health code, article R.1334-31, which prohibits excessive noise by day and night). To have weight and legal value, this letter must also contain a mention specifying that a legal action will be initiated in the event of non-compliance and be sent by registered mail with acknowledgment of receipt.
An owner is responsible for the actions of his tenants in the event of noise pollution. Therefore, if the author of the nuisances is a tenant, you will have to ask its owner to make the necessary arrangements to put an end to the noises you undergo.
What if the problem persists? The sending of a formal notice has in principle a strong psychological impact and the nuisances end up naturally ceasing. If this is not the case, however, do not hesitate to call on a mediator or a court commissioner to have these nuisances note. You can also file a complaint or a handrail with the police or the gendarmerie if the abuse persists.
