Are you tired of hearing excessive noises from your neighbors, especially at night? The neighborhood is one of the main sources of noise pollution, which can impact you physically and morally in the long term. What are the regulations on night-time noise pollution? Shower, vacuum cleaner, flush after midnight, can your neighbor operate them with impunity? Our answers.
If reasonable noises are tolerated, they must not exceed a certain sound volume, different according to the schedule, under penalty of being sanctioned.
What is a noise nuisance?
A noise nuisance is an acoustic phenomenon that causes an auditory sensation considered unpleasant or annoying for humans. It can have several sources:
- Transport noises: plane, helicopter, train, bus, metro, car, road infrastructure (airport, motorway, port)...
- Noises from neighbors: turning on tap water while taking a bath or shower, flushing, vacuuming, playing the piano, watching TV...
- Activity noises: factories, garages, supermarkets, bars and discos, restaurants, gyms, a company... More broadly, industrial activities, commercial activities and craft activities.
These nuisances can be caused both during the day (daytime noise) and at night (night noise).
Noise pollution: what are the regulations between neighbours?
Even at home, noise rules must be respected so as not to disturb the daily lives of your neighbors. But as such, reasonable noise is not prohibited.
Noise pollution and the law
Several pieces of legislation have taken up this subject of noise pollution. Especially:
- The Environmental Code, in articles L571-1 to -19.
- The Public Health Code, in articles R1336-1 to -16.
The rule is clear: no noise must, by its duration, repetition or intensity, affect the tranquility of the neighborhood or human health, in a public or private place. Whether the person is himself at the origin or whether it is through a person, a thing in his custody or an animal under his responsibility (Article R1336-5 of the Public Health Code).
In other words, according to the law, a noise nuisance is constituted when:
- The noise lasts over time;
- And/or the noise is repeated;
- And/or the noise is intense.
Depending on the nature and origin of the noise, the texts determine the criteria for assessing whether it affects the tranquility of the neighbourhood or human health.
When these conditions are met, the noise nuisance then becomes an abnormal neighborhood disturbance.
Good to know
The Health Code does not set an obligation to measure acoustics to detect the violation of neighborhood noise resulting from personal behaviour. For example, having a party, doing DIY, gardening or housework.
Noise pollution and prefectural and municipal decrees
The mayor or prefect may also issue a municipal order or a prefectural order relating to noise. They may restrict the use of certain devices at certain times of the day.
For example, prohibiting the mower on Sundays before 17 p.m.
Noise pollution and co-ownership regulations
In co-ownership, the co-ownership regulations may contain rules relating to noise.
What are the allowed times for making noise?
More than schedules, Article R1336-7 of the Public Health Code sets limit values in decibels associated with time slots of use:
- 5 A-weighted decibels during the daytime period, from 7 a.m. to 22 p.m.
- 3 A-weighted decibels at night, from 22 p.m. to 7 a.m.
To these values are applied a correction in A-weighted decibels, depending on the cumulative duration of occurrence of the particular noise:
- 6 for a duration of 1 minute or less. The measurement time of the ambient noise level is extended to 10 seconds when the cumulative duration of occurrence of the particular noise is less than 10 seconds.
- 5 for a duration of more than 1 minute and less than or equal to 5 minutes.
- 4 for a duration of more than 5 minutes and less than or equal to 20 minutes.
- 3 for a duration of more than 20 minutes and less than or equal to 2 hours.
- 2 for a duration greater than 2 hours but less than or equal to 4 hours.
- 1 for a duration greater than 4 hours but less than or equal to 8 hours.
- 0 for a duration greater than 8 hours.
Your neighbors are therefore forced to respect these sound volumes to make a noise deemed acceptable.
Good to know
The sound level shall be expressed in A- or dB(A)-weighted decibels.
Who must enforce the noise regulations?
The fight against neighbourhood noise falls under the police powers of the mayor. The latter must ensure the public tranquility of its citizens and sanction its infringements (Article L2212-2 of the General Code of Local Authorities).
It must also take all necessary measures to combat noise pollution (Article L1311-2 of the Public Health Code).
Municipal police officers, judicial police officers, health inspectors of the communal hygiene and health services, communal agents are authorized to record infringements in a report. They will be able to carry out an acoustic study.
What are the penalties for violating the noise regulations?
Abusive or nocturnal noises or noises disturbing the tranquility of others are punishable by the fine provided for 3rd class contraventions (450 € at most) (Article R623-2 of the Penal Code).
They can also be subject to a fixed fine, namely € 68 if the author of the noise pays the fine immediately or within 45 days of the finding of offence. The amount increases to 180 € after this period.
The noisy neighbour may also have the thing that was used or intended to commit the noise or the thing that is the product of it confiscated.
Who to contact in case of noise pollution?
If you think that your neighbor is making too much noise, you have several means of action to stop the noise nuisance.
Have the noise nuisance noted
You can call on a commissioner of justice (new name of the judicial officer) to have the noise recorded.
You can also provide proof by any means, as long as it has been obtained loyally (testimony, photo, video ...). For example, you can't photograph or film your neighbor without their knowledge.
Taking the amicable route
The first step is to go to your neighbor to try an amicable resolution of your neighborhood disturbance: ask him to stop the disputed noise or ask him not to produce it at night.
Without conclusive return, you can then send him a registered letter with acknowledgment of receipt. You can also refer the matter to a judicial conciliator free of charge.
The second step is to report the alleged disorder and alert:
- The syndic of co-ownership if your dwelling is in co-ownership;
- Your landlord if you are a tenant;
- The town hall on which your home depends.
If nothing works, you have the right to contact the nearest police or gendarmerie station. Officers will go to the scene to observe the violation.
Taking the criminal justice route
If the amicable way is a failure, you can file a complaint:
- Directly with the police or national gendarmerie, by contacting the nearest police station;
- By sending a detailed letter to the Public Prosecutor.
After lodging a complaint, it is the public prosecutor who decides to prosecute the perpetrator or to dismiss the case if the facts are not constituted or if there is missing evidence.
Taking the civil judicial route
In matters of abnormal neighbourhood disturbance caused by excessive noise pollution, it is the judicial court within the jurisdiction of your home that is competent. You must enter it:
- By summons: act drawn up by a commissioner of justice. It contains your neighbour's summons to a hearing.
- By request: written formalized via form Cerfa 16042*01.
What are the health effects of noise pollution?
Noises are not without effect on our health, but also on the environment. Prolonged exposure can cause many problems. These include:
- Consequences on hearing: deafness, tinnitus, hyperacusis;
- Sleep disorders;
- Consequences on attitudes and social behavior: nervousness, impatience...
Children, people exposed to noise in their daily working lives and the elderly are more vulnerable to noise pollution and the health effects are increased tenfold.