Attal wants to limit complaints about neighborhood disturbances

The Prime Minister announced the government’s various measures in favor of farmers. In particular, it wants to put an end to abusive legal complaints due to abnormal neighborhood disturbances in rural areas.

“When we choose the campaign we support it and we take responsibility.” Gabriel Attal, like many mayors of small towns and many farmers, no longer wants these neighbors to be satisfied with the noise and smells associated with agricultural activities.

Presentation press conference different support measures for farmersthe prime minister announced this Thursday, February 1, that the bill of deputy Nicole Le Peih (Renaissance) should be included as soon as possible in the agenda of the Senate for quick approval.

“They protect farmers from the abusive appeals of new neighbors who see agriculture as a nuisance and not an opportunity,” Gabriel Attal said.

An invoice in progress

The bill stipulates that the responsibility of the farmer will not be committed when the abnormal disorder “comes from activities, regardless of the nature, that exist before his installation, continue under the same conditions and comply with the laws and regulations”.

Gabriel Attal: speech caused by the agricultural crisis
Gabriel Attal: speech caused by the agricultural crisis

This Legislative proposal “with the aim of adapting the law of civil responsibility to current issues” the notion of abnormal neighborhood disorder is defined for the first time in the law.

“The owner, tenant, untitled occupier, operator of a fund, owner of the project or the person who exercises powers that cause a disturbance that exceeds the normal nuisance of the neighborhood is fully responsible for the resulting damages,” the text specifies. . Accordingly, with an exception for pre-installation activities of the disturbed resident.

The law proposal was approved by the deputies in the first reading last December 4. Now he must be in the Senate. If the text is changed, it will be sent back to the National Assembly for a second reading (then to the Senate) before final approval.

Lawless neighborhood disorder

As surprising as it may seem, no legal text currently defines what abnormal neighborhood disturbance is. It is the jurisprudence of the judges in this field that has gradually shaped the law on this matter.

Judges have confidence Article 544 of the Civil Code: “property is the right to enjoy and dispose of things in the most absolute way, provided that no use is made that is prohibited by laws or regulations”.

As a result, “no one should cause to others an abnormal disturbance in the neighborhood or that exceeds the normal inconveniences of the neighborhood” (Cass. 2. civ., November 19, 1986, no. 84-16.37.), as reminded by our experts Jean-Philippe Mariani, lawyer specializing in co-ownership law and Bruno Lehnisch, executive law. in a previous article.

The neighborhood: is it hell?  - 01/19
The neighborhood: is it hell? – 01/19

Disturbance in the neighborhood refers to all possible nuisances (sound, smell, sight, etc.). In rural areas, complaints from neighbors (mostly “neo-rurals” who come from the city) about agricultural holdings have increased in recent years, for example. The cry of Morbihan’s “Marcel” rooster.

The jurisprudence on the subject is complex and rich, as we have explained here. And farmers don’t always get their way. The bill therefore aims to clarify the law and further protect agricultural holdings from this type of complaint. Moreover, it is with the same spirit That another law was passed in 2021Receiving the “sensory heritage” of the countryside in French law.

The Environmental Code now specifies that the sounds and smells of natural environments are “part of the common heritage of the nation” (Article L. 110-1 of the Environmental Code). The goal was therefore to take measures against rural noises and odors in the context of the abnormal disorder of the neighborhood more difficult. Nicole Le Peihr’s bill therefore goes one step further.

Diane Lacaze and Jean-Louis Dell’Oro

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