Which lawyer for a noise nuisance?

Noise nuisance is numerous and can become problematic. This is why a lawyer can help you with noise problems in your neighborhood.

Noise pollution: what to do?

When you choose to live in an apartment or a house in the city, for example, it is not possible to be alarmed by the slightest sound you hear from your neighbors.

So-called “normal” noise pollution is an integral part of our daily life and we accept it. Living in a community therefore necessarily implies being subjected to some noise pollution.

However, this noise nuisance can sometimes constitute an abnormal neighbourhood disturbance. In this case, it is possible to take action to obtain compensation for your loss.

Consulting a lawyer is highly recommended if you are faced with this type of problem. The question remains as to which lawyer to meet for noise nuisance?

In this article you will find some answers to the question of which noise lawyer you should contact depending on your particular situation.

When does noise pollution become a nuisance?

• Which lawyer to meet with for an abnormal neighborhood disturbance?
• Which lawyer to meet with for noise nuisance other than an abnormal neighborhood disturbance?
• How to find your noise lawyer?
• When does noise pollution become a nuisance?

As mentioned, noise pollution is a nuisance that we must necessarily live with unless we choose to live in the countryside.

This statement must be qualified. Here again, noise pollution, for example from animals, can disturb your peace and quiet.

The problem posed by these nuisances has been illustrated by various cases involving roosters. The owner of the animal was condemned to get rid of his animal and to pay damages to the neighbors who complained. In order for a noise nuisance to be brought before the courts, it must constitute an abnormal neighbourhood disturbance.

In order to constitute an abnormal neighbourhood disturbance, several different conditions must be fulfilled if the nuisance occurs during the day or at night:

During the day:

• The nuisances must be repetitive (therefore not occurring only once),
• The nuisance must be intensive (i.e. it must really impact your peace and quiet),
• The nuisance must last over time.

At night:

The conditions of repetition, intensity or durability are not required, it is a question of night-time disturbance which does not need to meet these conditions.

If your neighbors cause you to suffer from noise nuisance that constitutes an abnormal disturbance of the neighborhood such as: shouting, noise of heels, noise of a washing machine, etc. You can try to engage their responsibility and obtain compensation for your prejudice on the basis of civil law!

You may also encounter other types of nuisances such as noise caused by a public authority, which may allow you to take action on administrative grounds.

Or noise nuisance caused by a construction site or caused by a sporting or professional activity, and you may therefore choose to take criminal action.

Meeting with a noise nuisancelawyer will allow you to determine in which legal category your noise nuisance problem falls, and he will then be able to support you in your efforts and in the representation of your interests.

Which lawyer to meet with for a neighbourhood disturbance?

The noise nuisance lawyer you will meet will be able to guide you in your steps. The problem of noise pollution is a vast one, since it can involve three types of litigation before the civil, criminal or administrative courts.

On the civil level, in order to obtain compensation for the noise nuisance of which you are the victim, you will have to demonstrate an abnormal neighbourhood disturbance. To verify the veracity of this infraction, you can call upon a lawyer in real estate law, co-ownership law or civil law.

He or she will be able to help you draft a letter to your neighbors because of the abnormal neighbourhood disturbance to which they are subjecting you.

Good to know :

A letter from a law firm will often carry more weight than a simple letter sent by you by registered mail.

You can also contact the syndic of the co-ownership if you live in an apartment in order to report the disturbance and its origin or your landlord if you are a tenant.

If these attempts are unsuccessful, you may wish to consider alternative dispute resolution (ADR), which your noise lawyer can advise you on.

Neighborhood disputes are very suitable for this type of settlement and have a good chance of being successful.

If the amicable attempts prove unsuccessful, your lawyer will always be able to support you in a litigation phase before the district court in order to obtain an end to your neighbors’ behavior.

Good to know :

It is better to try to find an amicable settlement, as the financial stakes before the courts are low and will only end up aggravating your relations with your neighbors!

Which lawyer to meet for noise nuisance other than abnormal neighborhood disturbance?

If you are confronted with noise nuisance that does not constitute an abnormal neighbourhood disturbance (abnormal neighbourhood disturbance is a concept that is only applicable in civil law), you still have other possibilities for action.

You may potentially be confronted with a situation where you can try to hold the Administration liable.

Let’s take the example where you are confronted with nuisances emanating for example from a nuclear power plant or a kennel belonging to a public entity.

Your lawyer will be your best ally in demonstrating the permanent nature of the noise pollution and its abnormal and special nature, i.e. that it goes beyond normal neighborhood annoyances.

If your lawyer succeeds in demonstrating these elements, he or she will be able to hold the Administration liable without fault (you will not be obliged to demonstrate that a fault has been committed by the Administration) and obtain compensation for your prejudice on the basis of the breach of equality between citizens.

Only the administrative judge is competent to engage the responsibility of the Administration. You will therefore need to call on the services of a lawyer specialized in public law to assist you.

Good to know :

If the nuisance is due to the use of the public property by persons to whom the Administration has granted the use of the property, it is up to you to demonstrate, with the help of your public law attorney, the fault of the Administration.

The public law attorney can also, before the litigation phase, request a summary expert opinion from the administrative court to obtain a temporary cessation of the nuisance while waiting for the dispute to be resolved.

In criminal matters, noise pollution may give rise to a right to compensation.

For example, in the case of night-time disturbances, you will have to have the offence recorded by an authorized agent (a police officer) who will draw up a report to record the offence.

It is then up to the Public Prosecutor to decide whether or not to take action. If he chooses to take action, he can refer the perpetrator of the noise pollution to the police court or the criminal court.

This procedure has the advantage of being inexpensive and quick, but it is up to the prosecutor to choose whether or not to initiate an action.

If the action is indeed launched, using the services of a criminal lawyer is quite appropriate to allow you to optimize your chances of success and maximize your interests!

Good to know:

If the noise nuisance that is bothering you existed before you moved into your dwelling, and continues to exist under the same conditions while complying with the legislative and regulatory provisions applicable to this situation, you will not be able to obtain compensation for your prejudice under the theory of pre-occupancy.

How do I find my noise lawyer?

You are having trouble identifying the type of noise nuisance you are experiencing. Nevertheless, you are fed up with the situation and want to do something about it.

Look no further, on our platform you have found the solution you need!

All you have to do is fill in a form on our website and answer a few simple questions. Our team of lawyers will then call you back in order to legally qualifythe situation and direct you to the right lawyer to stop the noise nuisance!

Our human accompaniment is dedicated, free and without obligation. Our recommendations of lawyers are only recommendations. You are of course free to choose to move forward with this lawyer or not.

Keep in mind that if we recommend this particular noise lawyer to you, it is because we feel that he is the lawyer in our network who is best suited to your case and its particularities!

Moreover, our service does not entail any additional costs on your lawyer’s bill!

We also offer you a financing of your action through our financial partner. You can test your eligibility in just a few minutes and access a monthly payment of your legal fees.