What is nocturnal noise?
A concept framed by the penal code
Nocturnal noise is a concept that calls for Article R. 623-2 of the Criminal Code. This article indeed provides that “the abusive or nocturnal noises disturbing the tranquility of others are punished with the fine provided for the tickets of the 3ᵉ class”. The sanction is clear, but the definition remains quite vague.
Definition of the public health code
To complete it, we can therefore refer to the public health code and its Article R. 1336-5. This provides indeed the night noise as follows:
“No particular noise must, by its duration, its repetition or its intensity, undermine the tranquility of the neighborhood or the health of the man, in a public or private place, that a person is originally at the origin or whether it is through a person, a thing of which he has custody or an animal placed under her responsibility”.
We thus learn that the constitutive noise of the noise can come indifferently from a private or public place, emanate from a person, a thing or an animal (for example a dog who barks).
Noise pollution causing abnormal disturbances of the neighborhood
But to better understand and be able to determine what the tranquility evoked by these articles covers, it is also necessary to refer to the notion of abnormal disturbances of the neighborhood (Article 1253 of the Civil Code). These disorders are nuisances that exceed the so -called normal disadvantages of the neighborhood. Their recognition requires a number of criteria.
Examples of annoying noise for neighbors
Also, so that the nocturnal noise can be noted, we appreciate:
- Noise intensity
- His frequency / repetition
- Its context (urban, rural area, etc.).
Noise can therefore emanate from individuals (heels, music, recurring parties) as well as professionals. The fact that these nuisances occur at night is an aggravating circumstance.
What differences between nocturnal noise and noise pollution?
Nocturnal noise – or abnormal nocturnal neighborhood disturbance – concerns noise pollution caused at night, either Between 10 p.m. and 7 a.m.. Talking about only noise pollution is evoking an annoying noise without specifying the moment. For example, it can be noisy work for several hours of the day. When noise pollution takes place, we are talking about diurnal noise.
How long can you make noise without being sanctioned?
Night nocturnal noise hours: from 10 p.m.
It is usually forbidden to make noise constituting an abnormal neighborhood disorder, both the day and the night. However, it is considered that the disorder caused at night constitutes an aggravating circumstance. The commonly retained time to distinguish the night of the day is that of 10 p.m. Municipal or prefectural decrees often provide more precise regulations on this issue.
Hours to make noise on weekends (Saturday and Sunday)
It all depends on the area and noise concerned. Some municipal orders prohibit or supervise noise pollution on weekends, strictly.
Hours to avoid neighborhood noises during the week
It is better to avoid generating noise after 10 p.m., when night falls. However, abnormal neighborhood disorder can also be noted during the day. So you have to be careful not to exceed a certain sound volume. If noisy punctual work must be undertaken, it is better to prevent its neighbors upstream.
How long is the music allowed?
Music is usually authorized. Everything is a matter of moderation. You can completely listen to music night and day if this does not constitute abnormal neighborhood disorder. In other words, you must take care of the volume of music. The neighbors should not – or hear it, especially at night.
What if my neighbor makes noise at night?
Send a registered letter to the noisy neighbor
First, the best is to go and see the noisy neighbor when possible in order to ask him to limit it or stop it depending on the circumstances. In the absence of cessation, or if the disorder is repeated, it is possible to send a simple letter then a registered letter with acknowledgment of receipt to the noisy neighbor in order to request the return to calm.
Alert the co -ownership union or report the problem to the town hall
If these approaches do not succeed, there are several other possible ways:
- If the noise comes in condominium, the co -ownership union must be alerted which is responsible for enforcing the regulations and putting an end to the troubles in the building.
- The town hall can be contacted, especially when a municipal decree regulates sound emissions.
When does the police intervene for nocturnal noise?
When the neighbor refuses to stop the nocturnal noise and the situation becomes intolerable, it is possible to contact the nearest police or gendarmerie so that they can see the disorder and act accordingly. In other words, the noisy neighbor may then be inflicted on a ticket.
Who to call if the police do not move for a nighttime fuss?
In the absence of a police, you can use the services of a justice commissioner (ex-Huissier of justice). This professional will be able to establish an observation that will serve to put an end to the disorder. The document may be used and presented in particular within the framework of an approach to justice. The judicial court located within the jurisdiction of the location of the property may be seized for the cessation of disorder and compensation for damage.
What does the new sound nuisance law say?
The last law to date concerning the subject is that of April 15, 2024. She came to change Article 1253 of the Civil Code Considering that the responsibility for an abnormal disorder cannot be engaged when said abnormal disorder “comes from activities, whatever the nature, existing prior to the act transferring property or granting the enjoyment of the property or, in the absence of act, to the date of entry into possession of the property by the injured person”.
In other words, it will not be possible to complain about a preexisting sound program for the creation of the house or the apartment that we occupy.
What sanctions in the event of a nocturnal noise?
Fine and ticket
The sanctions depend on the circumstances. In the event of an offense noted by the police, the neighbor risks a flat -rate fine (from 68 to 180 euros) or a 3ᵉ class ticket (450 euros at most).
Damages
If the case is brought before a judge, the amount of convictions may worsen, especially when the applicant makes a request for damages due to the damage suffered.
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