You may take direct action against the co-owner responsible for the nuisance on the basis of abnormal neighborhood disturbance, a principle derived from Article 544 of the Civil Code and now codified in Article 1253 of the same Code, as well as on the basis of the co-ownership bylaws (règlement de copropriété), which require every occupant to enjoy the premises peacefully. These two legal grounds can be combined and allow you to seek both the cessation of the disturbance, under a daily penalty (astreinte), and compensation for the harm suffered.

What makes a disturbance « abnormal »

Liability for abnormal neighborhood disturbance does not require any fault. You do not need to prove that your neighbor violated a rule: you must establish that the nuisance exceeds the normal inconveniences of living in a shared building. The judges of the Tribunal Judiciaire assess the duration, repetition, intensity, timing, and location of the disturbance, as well as the building’s surroundings. A one-off instance of daytime construction noise will not be upheld; repeated nighttime barking, noisy commercial activity, professional cooking odors, recurring water infiltration, or a short-term rental generating constant comings and goings will be.

The co-ownership bylaws provide a second lever. Clauses relating to the building’s designated use, residential purpose, prohibition of noisy or malodorous activities, or mandatory flooring in private areas are enforceable against everyone. Breaching them constitutes a contractual failure, sanctioned independently of whether the disturbance is deemed abnormal. Also check the descriptive statement of division (état descriptif de division): a room converted without authorization, a window cut into a load-bearing wall, or a covered terrace constitute encroachments on common areas, falling under Article 9 of the Law of 10 July 1965.

Evidence to gather before taking action

Neighbor disputes are won on evidence. Build a chronological file:

• a dated log of the nuisances, start time, end time, exact nature;
• witness statements drawn up in accordance with Article 202 of the Code of Civil Procedure, signed, with a copy of the witness’s identity document;
• a report of findings (procès-verbal de constat) by a judicial officer (commissaire de justice), carried out at night or during critical hours, decisive evidence before the judge;
• acoustic readings, noise emergence measurements, or a report from an acoustician where noise is at issue;
• your registered letters to the neighbor and to the managing agent (syndic), and their responses;
• police reports (mains courantes) or complaints filed, and interventions by municipal police;
• dated photographs and videos for visual nuisances, damage, or infiltration.

Always report the disturbance to the managing agent in writing. The union of co-owners (syndicat des copropriétaires) is responsible for maintaining the building and enforcing the bylaws: the managing agent can formally notify the offending co-owner and, if authorized by the general meeting, bring legal proceedings on behalf of the union. Your own personal action remains available in parallel, including where the managing agent remains passive.

The procedure, step by step

First step, formal notice by registered letter with acknowledgment of receipt, describing the facts, citing the relevant bylaw clauses, and setting a deadline to stop the disturbance. Second step, attempting amicable resolution: a court-appointed conciliator, mediation, or an attempt at amicable settlement, a prerequisite required by Article 750-1 of the Code of Civil Procedure for many disputes. The certificate of failed conciliation secures the subsequent court filing.

Third step, the judge. Where the disturbance is current and obvious, summary proceedings under Article 835 of the Code of Civil Procedure allow you to quickly obtain the cessation of the disturbance under a daily penalty, the carrying out of insulation works, or the removal of an unauthorized fitting, as well as an advance payment on damages. Summary proceedings under Article 145 allow for a court-ordered expert assessment before any trial, useful for infiltration or acoustic issues. On the merits, the Tribunal Judiciaire can order restoration works, the demolition of a structure, the prohibition of an activity, and full compensation for loss of enjoyment, moral harm, and loss of rental value.

Representation by a lawyer is mandatory before the Tribunal Judiciaire for most of these claims. The action is time-barred after five years from the day you became aware of the disturbance, with the limitation period running on a rolling basis for continuing nuisances. Where a co-owner’s tenant is responsible for the acts, you may take action against both the tenant and the landlord, who is required to put a stop to their tenant’s conduct.

Two reflexes protect your case: never respond to a disturbance with a disturbance of your own, a noisy reaction or self-help measure that would weaken your position; and keep written records of every step taken, including any refusals from the managing agent or the co-ownership council.

For any co-ownership matter, Avv. Cécile Zakine advises and defends your interests (Tribunal Judiciaire of Grasse, Tribunal Judiciaire of Nice, Court of Appeal of Aix). Prompt consultation.

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