Legal procedures in the face of noise pollution

Legal procedures in the face of noise pollution

 

Public nuisance is a common law offense involving a danger to the environment. Public nuisance has traditionally been a criminal offense, defined as an illegal act that endangers or interferes with the comfort, property or common rights of the general public. Although this is a criminal offense, a public nuisance can also give rise to a civil action for damages. A public nuisance can then be said to be conduct, behavior (or the lack thereof) resulting in injury, loss or damage to the local community. Legal proceedings for public nuisances are usually initiated by local authorities. In the event of conviction, the defendant may be fined.

 

Definition of noise pollution

 

There is no clear legal definition of what constitutes legal "noise nuisance" resulting from the lifestyle of neighbors. The law simply specifies certain circumstances in which noise nuisance may occur, which may be considered "unnecessary, insensitive or aggressive".

 

Examples given in the legislation include, for example, a barking dog, loud music, crafts, household electrical equipment, fireworks, ventilation or air conditioning. It also includes noise complaints about the French national symbol, the rooster! In law, noise is considered excessive:

 

If it is likely to disturb the peace of the neighbors

If the noise disturbs his health because of its duration, repetition or intensity

Criminal legal proceedings

 

You can report the case to the police and the prosecutor decides to initiate criminal proceedings, it goes to the district court. The maximum fine is a paltry € 450, unless there is clear evidence of malicious intent, when a prison sentence can be imposed. However, if the offending party refuses to engage in the process or continues with the noise after their intervention, it will have a persuasive influence at a later hearing.

 

Start civil proceedings

 

Given the shortcomings of the criminal procedure, more often than not, a plaintiff must bring a civil action instead of trying to invoke public authorities to act. The legal test for noise nuisance in civil cases is whether or not the noise is abnormal. The courts believe that neighbors must have a certain tolerance for each other and that a certain level of disruption is part of daily life. Proof of noise pollution must be provided by all possible means, including the testimony of witnesses.

 

Sanctions applied in terms of noise pollution

 

Unfortunately, those who cause noise nuisance are only liable to a fine of up to € 450 by the criminal court and the possibility of confiscation of the offending article. Since the level of the fine is so low, a complainant is often forced to take civil action to achieve a full resolution of the problem. If a neighbor deliberately and maliciously causes noise nuisance, the sentence may be more severe, including the possibility of a prison sentence.