Neighborhood disorders: olfactory nuisances (odors)

Verified 09 June 2026 - Public Service / (Prime Minister)

Are you bothered by odors at or near your home? We are talking about odor nuisance. This inconvenience may be penalized if it constitutes a abnormal neighborhood disorder. We tell you what steps need to be taken to stop this nuisance.

Step-by-step approach

Neighborhood disorders refer to nuisance or abnormal discomfort caused by a neighbor. This disorder is olfactory when it results from odor (smells of cooking, animals, industrial, agricultural installations, etc.). It can thus be caused by a private individual or a professional (restaurant, factory, agricultural land, etc.).

For an odor to be recognized as an abnormal neighborhood disorder, it must go beyond the ordinary inconveniences of community life.

Several criteria must be taken into account to determine the abnormality of the disorder. These are:

  • The character of the neighborhood (rural, residential, industrial, agricultural etc.). For example, in rural areas, there is a certain tolerance for odors related to the presence of animals.
  • THEintensity odors (unpleasant, unbearable, nauseating, etc.)
  • The duration and the frequency odors (constant, daily, seasonal, only during certain operations…)
  • The circumstances the diffusion of odors (weather conditions, time of year, hours of the day)
  • The misconduct of the person causing the nuisance or theinstallation irregularity (non-compliance with standards, a permit, a health regulation, an authorization order, etc.). Even if the liability for abnormal neighborhood disorder is independent of any fault, the existence of a fault facilitates the characterization of the abnormality.

Example :

The judges were able to identify as abnormal neighborhood disturbance smells and factory fumes that depreciate neighboring buildings, hydrocarbon smells from a garage or paint booth in a residential area, smelly vapors and products from a coffee roasting plant, kitchen smells from a restaurant on the ground floor, perceptible on the floors due to insufficient or poorly maintained hood filters, unsustainable smells from an industrial duck farm during the summer or smells from a trash can room located too close to a property.

The procedures differ depending on the source of the nuisance (odors from a dwelling or a professional activity):

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Accommodation

Several preliminary steps are to be carried out in successive stages.

1. Go to the person causing the nuisance

First of all, it is necessary to go to the person who occupies the dwelling or house from which the smells come to tell him about your discomfort and ask him to stop the odor nuisance.

2. If the nuisance persists, send a simple letter

If the troublemaker does not act, you must then send him a simple letter. This letter should recall:

  • The origin of the disorder
  • The discomfort caused by odors in your daily life (including damage to your peace of mind or health)
  • The need to put an end to the nuisance suffered.

It is recommended that you gather as much evidence as possible to support your mail.

3. If the nuisance continues, send a registered letter with acknowledgement of receipt

In case of inaction of the author of the disorder, you must send him a registered letter with acknowledgement of receipt on giving notice to cease the discomfort caused by noise.

This letter repeats the information contained in the previous letter.

You can use a template letter to write your mail:

Mail template to give notice to stop neighborhood nuisance

Please note

The landlord is responsible for the behavior and disturbances caused by his tenant. Therefore, if the troublemaker is a tenant, you must also send a registered letter with acknowledgement of receipt to the owner of the dwelling to ask him to take all the necessary measures to stop the nuisance.

4. In the case of a condominium unit, notify the trustee

Furthermore, if the housing is in condominium, it is recommended to check the condominium rules. This document may contain rules, including the prohibition of disturbing the tranquility of occupants by any olfactory nuisance, of any kind, or to regulate or even prohibit certain practices in housing (use of barbecues for example). The clauses of the condominium by-law are binding on the owners and tenants of the building.

In the event that the author of the disorder does not respect the rules of co-ownership, you must notify the trustee, by any means (e-mail, letter, etc.), of the nuisance suffered. Indeed, the trustee is the guarantor of the respect of the regulation of co-ownership. He must therefore take all necessary steps to preserve the tranquility of the occupants of the building.

Occupational activity

If you are bothered by strong odors in your neighborhood from a professional activity (for example, activity of a nearby restaurant), you can:

  • Inform the operator by simple and/or registered mail, describing the discomfort caused and requesting that measures be taken to stop the odor nuisance (maintenance of the hood, modification of the facilities, disposal of waste, more frequent cleaning, etc.)
  • Contact the communal health and hygiene service from your town hall. The mayor may appoint a health inspector to ascertain the reality and extent of the disturbance and ask the person who caused the disturbance to stop.
Who shall I contact

To find an amicable solution with the author of the nuisances, if they persist despite your various letters, you have the possibility to resort to:

Who shall I contact

FYI  

This approach is mandatory to be able to make, subsequently, a appeal to the court.

What to ask the judge?

If all the previous steps have not been successful, you can take legal action to ask, in particular:

  • The finding the existence of an abnormal neighborhood disorder
  • The cessation of nuisances, possibly under on-call duty. The judge will order measures to stop the disturbance, including works on the facilities (improving or modifying the ventilation of a restaurant, bringing a stable, a breeding, etc.), modification or limitation of the activity (schedules, operating modes), temporary suspension of the activity until the necessary works are carried out, on standby, or prohibition to use certain equipment until the works are carried out
  • The payment of damages to repair the injury This can be a loss of enjoyment (discomfort, inability to enjoy the premises), moral damage, depreciation (loss of value) of his property or commercial damage (loss of customers, decrease in turnover)
  • The termination of the lease the tenant causing the nuisance.

FYI  

The person responsible for odor nuisance can be exempted from liability if he demonstrates the existence of 3 cumulative conditions, namely:

  • The activity in question is earlier the installation of the person complaining
  • She is complies with laws and regulations in force
  • It continued in the same conditions, without worsening the disorder.

What is the competent jurisdiction?

The jurisdiction varies:

  • For a action for interim relief or for a dispute the amount of which is indeterminate or greater than €10,000, it's the court of justice the place where the competent person causing the nuisance resides. It is mandatory to be accompanied by a lawyer.
  • For a dispute whose amount is less than or equal to €10,000, the local court (formerly the district court) of the place where the person causing the nuisance resides shall have jurisdiction. In this case, the lawyer is not mandatory.
    You can use a form to bring the matter before the court.
  • For an action to terminate the lease, the judge of litigation for the protection of the location of the immovable is competent. One form is available to refer the matter to the protection litigation judge. It is recommended to be accompanied by a lawyer.

What documents should be provided to the judge?

For any request, it is mandatory to provide proof of reality disorder and sound abnormal character. To do this, you must gather as many documents as possible to support your application, including:

  • Letters exchanged with the author of the nuisance
  • Minutes of findings drawn up by a commissioner of justice describing odors, their frequency, conditions (closed/open windows, distance, etc.)
  • Testimonials (attestations of neighbors, visitors, customers etc.), petitions
  • Technical reports or expertise
  • Administrative documents (operating authorizations, prefectural orders, control reports, etc.)
  • Elements on the consequences of nuisances such as a medical certificate if your health has deteriorated due to these nuisances, elements on the depreciation of the building (value advice, difficulties of renting or selling), evidence of commercial harm (decrease in attendance of a lodging, bed and breakfast, etc.).

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