April 8, 2024 marks a turning point in French civil law with the vote planned by the National Assembly to introduce article 1253 into the Civil Code. This new article, which already received the approval of the Senate on April 3, formalizes the principle of liability linked to neighborhood disturbances, previously established by case law. It establishes that any person causing a disturbance beyond the normal nuisances of the neighborhood, such as excessive noise or obstruction of view, is automatically responsible for the damage caused.
This article 1253 clarifies that this liability does not apply if the disorder results from activities prior to the complainant's installation, in compliance with the regulations, and which have not modified the conditions in such a way as to aggravate the disorder. This provision repeals article 113-8 of the Construction and Housing Code and introduces modifications into the Rural Code to offer specific exemptions to agricultural activities.
Here is the exact text of article 1253 of the Civil Code debated:
“The owner, the tenant, the occupant without title, the beneficiary of a title whose main purpose is to authorize him to occupy or exploit a property, the project owner or the person who exercises the powers who is to the origin of a disturbance exceeding the normal neighborhood inconveniences is legally responsible for the resulting damage. The liability provided for in the first paragraph is not incurred when the abnormal disturbance comes from activities, whatever their nature, pre-existing the installation of the injured person, which comply with the laws and regulations and which were continued under the same conditions or under new conditions which do not cause an aggravation of the abnormal disorder. »