A collection of ear muffs. - Alain Zimeray

Not everyone has the chance to live in a residence deserted by its inhabitants even before confinement has come into force (!). Some readers suffer from noise caused by their neighbors, as they have already seen in this article. Others wonder what they can do about these disorders:

“Since the start of confinement, my neighbor, with whom I am opposite, has stood at the window to make his phone calls. He has a voice that carries a lot. I dared to ask him to lower my tone, but he sent me to work ... What can I do? »Mathilde

“There is a couple who party very regularly, which prevents me from sleeping. It's tiring, because I continue to work in telework. What do I do ?? »Seb

“On the upper floor, my new neighbor has companies undertake major work started before confinement, which causes a lot of noise. Does he have the right? And under what conditions? " The emperor

“My new next door neighbor has development work done at his home, where he does not yet live. Drill, hammer ... Looks like they break everything.
I would like to know if they have the right to do that! »Lyes

“A construction company is carrying out very noisy work: can it be forced to stop and how? Already, letters from the trustee and urban planning have had no effect. The workers have no protection, the police do not move. What to do ? »Veismann

Here are the answers we found:

Tolerance, meditation, diplomacy, ear plugs ... and administrative procedures. Here are the keys to the least noisy containment possible.

The noise related to the works.  As for works during this period, they are authorized. If some construction and public works companies have resorted to partial unemployment, they remain "essential to the economic life of the country and its functioning," stressed the Minister of Economy, Bruno Le Maire, in a press release on April 3. . They notably help to guarantee the daily needs of populations, such as housing, water, energy, waste management, transport and telecommunications. "

Open DIY stores and containment do not mix! The desire to do of one becomes the hell of the other. Untenable work and noise! #coronavirus #Belgium #confinement pic.twitter.com/WDfrTBhVad

- latigreazzurra (@latigreazzurra) April 20, 2020

The only condition for their continuation or resumption of activity: the protection of employees on construction sites, including those of individuals, as well as in any other place where they are required to work (offices, workshops, depots, etc.). A “guide to health recommendations” has in fact been developed by the Professional Organization for the Prevention of Building and Public Works (OPPBTP). We learn there that the wearing of the mask is compulsory in these two cases (@Veismann): if the work is done within a meter of another person, if the intervention takes place in a sick or at risk person of illness.

In terms of noise, in absolute terms, Service-public.fr recalls, the entrepreneur must take precautions to limit its importance. For example, by ensuring the correct orientation of the machines vis-à-vis the dwellings or by respecting any decrees taken by the mayor or the prefect. If the entrepreneur does not respect them, “you can ask the mayor to have a sworn municipal official come and see the trouble. The mayor can send the contractor a formal notice to stop the noise. "

#Coronavirus: forbidden to make #noise during the day to preserve #sleep from #caregivers in #Morlaix # ConfinementJour4
https://t.co/ASXsMSc2WH

- France Bleu Breizh Izel (@Francebleubzh) March 20, 2020

The question of timetables. If an individual wishes to break the walls himself or redo his tiling, again, he is authorized to do so, provided that they take place in the place where he is confined, as we have indicated to you here. Be careful, however, there are time slots to respect, recalls the National Noise Council (CNB). Often overlooked, this body, created thirty-eight years ago nonetheless, is empowered to seize for opinion by the Minister of the Ecological and Inclusive Transition "of any question relating to the fight against noise pollution and to the improvement the quality of the sound environment ”. But it can also, on its own initiative, "propose measures to prevent noise pollution or reduce its effects." "

The CNB therefore recommends that heavy work, such as a complete renovation, take place from 7 a.m. to 8 p.m., Monday to Saturday; so-called light work, such as small DIY, from 8 a.m. to noon and from 2 p.m. to 7:30 p.m., Monday to Friday, from 9 a.m. to noon and from 3 p.m. to 7 p.m. on Saturdays, from 10 a.m. to noon on Sundays. However, let us remember that the last word belongs to the communities, the timetables being framed by prefectural, sometimes municipal, decrees. Proof of this is, at the beginning of March, the mayor of Morlaix (Finistère), arrested by night carers who could not rest during the day, made the decision to ban all noisy work (DIY, gardening, mowing of lawn ...) between 9 a.m. and 3 p.m. As a result, for offenders, a 3rd class ticket (68 euros).

Behavioral noise. Behavioral noises are all noises caused, day or night, by an individual, tenant or owner of a dwelling (shouting, singing, riding on the stairs….), By something (musical instrument, stereo -fi, television, DIY tool, household appliances, etc.) or by an animal (barking).

According to article R1336-5 of the Public Health Code, "no particular noise may, by its duration, its repetition or its intensity, affect the tranquility of the neighborhood or the health of man, in a public place or private, whether a person is himself at the origin of it or whether it is through a person, something in his care or an animal under his responsibility ”. If this is the case, there are two ways open to you, advises Service-public.fr.

Amicable process. The first is the amicable process, either talking to the author of the noise, asking the town hall if there is a specific decree, sending a letter with acknowledgment of receipt if the discomfort persists, even calling on a bailiff so that '' he draws up one or more findings, which will be useful in eventually appealing to the judge. Clarification: if the building is co-owned, it is useful to check the co-ownership regulations, which can limit or prohibit certain noises.

Use of the police or gendarmerie. The second way is to contact the police to have the noise noticed. If the latter is confirmed, the perpetrator is liable to a fine of 68 euros, increased to 180 euros if it is not settled within forty-five days.

You can also go to court to request compensation, we learn Service-public.fr. Not without having previously gathered a certain number of documents proving the damage (letters exchanged with the author of the noise, report of bailiff, report, testimonies, medical certificate if your state of health has deteriorated, etc.) .

Our file on containment

Slanderous denunciation. Please note, a victim of multiple threats or insults on false grounds of noise may also file a harassment complaint. The maximum penalty is five years in prison and a fine of 45,000 euros.

So that you can see more clearly, 20 Minutes is  trying to answer your questions, which you can send us by following the procedure below. Questions which should, we will be grateful, relate to a subject other than that addressed in the article above. Do not hesitate to check that your question has not already been answered on our site. To find out, go to the search bar at the top of our home page. In any case, don't forget to leave your e-mail in your message. Thank you in advance (and take care of yourself)!

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