{"id":66416,"date":"2026-09-30T21:47:03","date_gmt":"2026-09-30T21:47:03","guid":{"rendered":""},"modified":"2026-09-30T21:47:03","modified_gmt":"2026-09-30T21:47:03","slug":"co-ownership-neighbour-disputes-remedies","status":"publish","type":"post","link":"https:\/\/www.cecile-zakine.fr\/nb\/co-ownership-neighbour-disputes-remedies\/","title":{"rendered":"Abnormal Neighborhood Disturbances in Condos: Recourse\n\n(53 chars)"},"content":{"rendered":"

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 (r\u00e8glement de copropri\u00e9t\u00e9), which require every occupant to enjoy the premises peacefully.<\/strong> 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.<\/p>\n

What makes a disturbance \u00ab\u00a0abnormal\u00a0\u00bb<\/h2>\n

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.<\/p>\n

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 (\u00e9tat 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.<\/p>\n

Evidence to gather before taking action<\/h2>\n

Neighbor disputes are won on evidence. Build a chronological file:<\/p>\n