Abnormal Neighborhood Disturbances Enter The Civil Code

The principle of strict liability for abnormal neighborhood disturbances, previously established by case law, is now codified in the new Article 1253 of the Civil Code. This change is introduced by Law No. 2024-346 of April 15, 2024, aimed at adapting civil liability law to current challenges (JORF of April 16, 2024).

Until now, this principle was upheld by jurisprudence, and actions based on it derived from the principle that "no one should cause another person a disturbance exceeding normal neighborhood inconveniences" (Cass. 2nd civ., Nov. 19, 1986, No. 84-16.379).

It was already a case of strict liability, not requiring proof of fault (Cass. 3rd civ., March 16, 2022, No. 18-23.954), and was sovereignly assessed in concreto by the trial judges. The action was based on the plaintiff demonstrating a damaging and abnormal disturbance.