If the law does not prohibit the installation of exterior lighting as such, the abnormal disturbance of the neighborhood constituted by the latter can be punished.
Several remedies are then available to victims of light pollution.
Light nuisance, what does the law say?
The Environmental Code deals with the subject of
light pollution
, otherwise known as
light pollution
.
Light pollution consists of excessive disturbances to people, fauna, flora or ecosystems, leading to energy waste or preventing observation of the night sky
(articles L583-1 et seq. of the Environmental Code)
.
They are reprehensible.
Good to know
A light nuisance is constituted when an exterior light enters the neighbour's dwelling repeatedly and continuously, causing him insomnia.
It can be installed on the wall of the house, on a garage, in a garden...
What is an abnormal neighborhood disturbance?
Abnormal
neighborhood disturbance
is not enshrined as such in the Civil Code, nor in any other legal text.
It was case law that was the first to identify this principle in a judgment rendered by the Court of Cassation in 1986:
"no one should cause another person an abnormal neighborhood disturbance" (
Cass. 3rd civ., November 19, 1986, no. 84-16.379
)
.
Abnormal neighborhood disturbance is rooted in articles 544, 1240 and 1241 of the Civil Code according to which anyone who causes damage to another must repair it.
The harm may or may not be intentional.
Intentionality is not an obligation.
It may or may not result from a fault.
Concretely, the disturbance is constituted when it
exceeds the normal inconveniences of the neighborhood
.
It is up to the judge to assess on a case-by-case basis whether or not the disorder is normal.
Can the abnormal neighborhood disturbance be constituted by too powerful exterior lighting?
Your neighbor can install outdoor lighting in front of his house, in his yard, in his garden, above his front door.
Legally, nothing prevents him from doing so.
He therefore does not commit a reprehensible fault for this.
On the other hand, abnormal neighborhood disturbance is constituted when it is
repeated
and
regular
, and when it
causes harm
to a person.
In this case, if the outdoor lighting comes on every night, several times a night, and it gives directly into your room, there is clearly an annoyance that exceeds good neighborly relations.
It is materialized by insomnia or health problems.
The abnormal neighborhood disturbance can also be constituted if the lighting is installed on a house or on the walls of an apartment.
If light pollution is rampant in a co-ownership, you can ask the co-ownership trustee to accompany you in your steps.
You can also look at the co-ownership regulations, they may specify additional rules regarding exterior lighting.
To note
Light pollution constitutes an abnormal disturbance in the neighborhood in the same way as excessive noise (nocturnal or diurnal noise) or an odor.
How to stop the disturbance caused by too powerful external lighting from the neighbour?
If you suffer from your neighbour's outdoor lighting, and the latter regularly prevents you from sleeping, the law gives you a number of steps to stop it.
Arrange for proof of abnormal neighborhood disturbance
Before any action, it is necessary to
prove the existence of your abnormal neighborhood disturbance
.
For this, you can call on a commissioner of justice to come and see the trouble.
You can also collect witness statements or take photos.
The proof is free and can be reported by any means.
Ask your neighbor to stop the nuisance caused by the exterior lighting.
Before starting legal proceedings, you can directly ask your neighbor to stop the inconvenience caused by the light entering your room.
To do this, you can: Ask him to do some work and remove the lighting in question.
You can also ask him to redirect the beam so that he no longer prevents you from sleeping.
You can suggest it to him orally or send him a registered letter with acknowledgment of receipt (LRAR).
Read alsoNoise pollution: what are the hours to respect to use your garden tools?
Here is a sample letter.
Your identity [First name] [Last name][Address][Postal code] [Town][Telephone] Identity of the neighbor [First name] [Last name] [Address] [Postal code] [Town] [Town], on [date] LRAR Subject : Request to modify the light beam of your exterior lighting Mrs. X, Mr. Y, The exterior lighting that you installed on …
[specify the date of installation of the lighting]
is causing me real harm.
Indeed, its light beam is directed towards my bedroom, which prevents me from sleeping every night when it is activated. Consequently, I ask you to remove this lighting, or
at least
to modify the trajectory of its light beam so that it no longer illuminates my home. I remain at your disposal to discuss all this. to bring this case before the court. Please accept, Madam, Sir, the expression of my highest consideration.
Signature[First Name] [Last Name]
Ask the mayor to stop light pollution
Under article L2212-2 of the General Code of Local Authorities, the
mayor
is the guarantor of
public tranquility
.
It is also responsible for monitoring compliance with regulations on light pollution and limitation of energy consumption
(article L583-3 of the Environmental Code)
.
It is then possible to ask him to intervene directly to settle a neighborhood conflict caused by untimely lighting.
At the same time, to enjoin the neighbor to do work so that the trouble stops.
Here is a sample letter.
Your identity [First name] [Name][Address][Postal code] [Town][Telephone] Name of the Mayor [Address of the town hall] [Town], on [date] LRAR Subject: Request for intervention for amicable settlement of a neighborhood disputeMadam or Mr. Mayor, I would like to take the liberty of informing you of a dispute between me and my neighbour…
[give his name and address].
The latter has installed outdoor lighting that prevents me from sleeping.
The light beam giving directly into my room. This light pollution goes beyond the normal inconvenience caused by neighborly relations, as evidenced by the photos attached to this letter. The amicable letters that I sent to him on this subject remained unanswered. By virtue of the various powers conferred on you by law, I ask you to intervene so that an amicable settlement can be found with my neighbour. I remain at your disposal to discuss all this. Please accept, Madam , Sir, Mayor the expression of my highest consideration.
Signature[First Name] [Last Name]
Take the case to civil court
First of all, it is mandatory to call on a legal conciliator or a mediator free of charge before going to civil court.
Secondly, in the event of failure of conciliation or mediation, the
local court
is competent to judge disputes whose amount does not exceed 10,000 euros.
You must go to court by motion, summons or joint motion.
The lawyer is not obligatory.
If the abnormal neighborhood disturbance is noted, the judge will order the neighbor to put an end to it.
He can also order him to pay damages.
Good to know
You can take action against the author of the disturbance, even if he is not the owner of the accommodation.
The tenant is directly responsible for abnormal neighborhood disturbances that he commits.
Conclusion
Light pollution can constitute an abnormal neighborhood disturbance.
If the lighting installed on the wall of your neighbor's house is preventing you from sleeping, the law allows you to take action to stop your harm.
Amicable action, referral to the mayor or referral to justice, several remedies are available to you to preserve the quality of your sleep.
