Are you victims of noise pollution? Dogs barking, a hi-fi system screeching, loud parties, heel impacts, etc. You can’t take it anymore and you wonder what to do in this kind of situation? Frédéric-Pierre Vos, a business lawyer and founder of LVI, explains the procedure to follow.
What are the noises concerned by noise pollution?
These are noises caused by physical persons such as shouting or high heels. They are also noises caused by objects such as a musical instrument or a piece of household equipment. Finally, it can be noises caused by animals such as a dog barking.
When can we talk about disturbances of enjoyment?
A disturbance of enjoyment occurs if the noise is intensive, repetitive and lasts over time. If it takes place between 10 pm and 7 am, it is more likely to be called a night disturbance.
What is the first step to take against a noise nuisance?
As Frédéric-Pierre Vos often repeats, the first step against a noise nuisance must be an amicable one. This means going to the neighbour to explain the reasons for your reaction.
If he persists, you will have to send him a formal notice by registered letter with acknowledgement of receipt.
Should it make a difference whether the troublemaker is a tenant or a landlord?
No, there is no difference to be made, quite simply, because the owner cannot make more noise and especially does not have the right to make more noise than a tenant. Simply if the troublemaker is the tenant, you can turn to the landlord who has a responsibility and must stop the disturbance.
But what to do if the disturbance persists all the same?
If the disturbance persists, you can ask the court conciliator to intervene. You can also ask the police or the gendarmerie to establish the noise nuisance, who can then impose a fine. You can also call the bailiff to draw up a report and if there is a disturbance at night, you can also file a complaint.
Can I take my case to court?
You can take the matter to court if the disturbance is serious enough and you want to obtain compensation for the damage you have suffered.
If you are a victim of noise pollution, do not hesitate to follow the advice of LVI and Frédéric-Pierre Vos.
