The risk of
nocturnal noise
... Are you receiving guests, friends, family, at home, to celebrate New Year's Eve?
Be sure to follow certain rules.
On New Year's Eve, not everything is allowed, even if certain tolerances exist.
Until what time can we make noise?
You intend to greet the end of the year and the arrival of the new by having a party.
And maybe loudly, even very loudly.
Be aware that between 10 p.m. and 7 a.m., noise pollution, such as noise, music or the barking of your dog, are considered nocturnal disturbances (Article R623-2 of the Penal Code
)
and disturbances of the neighborhood
.
They are punishable by law.
Good to know
To be verbalized, the noise must be audible from one dwelling to another.
Be aware that noise pollution can occur day and night, they are not linked to particular times.
Thus, according to article R. 1334-31 of the public health code, "
no particular noise must, by its duration, its repetition or its intensity, affect the tranquility of the neighborhood or the health of man, in a public or private place, whether a person is himself the origin or whether through the intermediary of a person, of a thing of which he has custody or of an animal placed under his responsibility
”.
There is therefore a noise nuisance as soon as there is repetition, intensity or duration of sounds considered annoying.
Read alsoNoisy tenant: proof, recourse and eviction
In case of observation of the infraction you can be verbalized.
A fixed fine may be imposed on the perpetrator of the disturbance, for an amount of:
68 € if the author of the disturbances pays the fine immediately or within 45 days following the statement of offense (or the sending of the notice of offense if there is one)
180 € beyond this period
But know that the verbalizations are made with discernment.
Good to know
You can warn your neighbors of the disturbance to come, by specifying the schedule of the party.
And apologize for the inconvenience caused.
Are we allowed to shoot fireworks at home on December 31?
The law does not prohibit shooting fireworks at home, from your garden, terrace or balcony.
No prior declaration of work or planning permission is required to put on a pyrotechnic show on your property.
The different categories of fireworks and their use:
The fireworks of the first category, (called F1/C1), do not present any risk for the user or his entourage.
They are intended for indoor and outdoor use.
Be aware that they are prohibited for sale to children under 12 years old.
The second category (F2/C2) presents a low hazard, which allows use in the open air, in confined places.
However, the user must be of legal age.
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The third category (F3/C3) is the most powerful category usable by major amateurs.
It presents a medium danger but the fireworks of this category must be fired in the open air, in large open spaces.
The fourth category (F4/C4) presents a high danger.
It is only intended for professionals.
Good to know
The fireworks cannot be fired in places gathering too many people in a confined place or in the direction of these same places.
Failure to comply with these regulations can cost a fine of €1,500 to €150,000 and 10 years in prison, if damage is caused by the fireworks.
Even if no administrative request is necessary for fireworks classified F1, F2, F3, it is strongly recommended to inquire with the town hall of your residence or the prefecture in order to check if certain limitations or prohibitions exist.
Orders concerning the prohibition or sale of firecrackers and fireworks may have been issued.
Be aware that if it presents a danger to the environment
(
article L557-8 of the Environmental Code
),
the firing of fireworks at home may be limited or simply prohibited, by a municipal or prefectural decree.
Good to know
Shooting a firework is not without risk (fires, injuries).
For your safety, be sure to buy quality products with the CE (European Conformity) standard.
Read alsoWhere to see the most beautiful New Year's fireworks?
Can you leave your exterior decoration on all night?
These end-of-year celebrations are often associated with beautiful Christmas decorations and lights outside your home or in your garden.
However, you must follow certain rules so as not to disturb your neighbors with too many lights.
The excess of lights can be considered as nocturnal noise and as such the mayor of the municipality can intervene to put a stop to them.
You may have opted this year for sound garlands or a video projector for your facade.
In both cases you must be attentive to the noises emitted by your decorations.
After 10 p.m. and until 7 a.m. the next day, you must turn off music and projections, because your decorations could be considered late-night noise.
Also your neighbor is fully entitled to file a complaint (art. R623-2 of the Penal Code), if your decorations emit sound after 10 p.m.
Read alsoThe neighbour's outdoor lighting is preventing me from sleeping, what should I do?
To avoid any neighborhood conflict, take the precaution of contacting your neighbors and agreeing with them on the time of lights out!
On New Year's Eve, December 31, you are subject to the same regulations as ordinary days and nights, even if tolerances may be applied that evening by the police.
They speak with discernment.
