Construction Works And Abnormal Neighbourhood Disturbances In Monaco

For many years, Monegasque case law has sought to conciliate urban expansion and quality of life by sanctioning abnormal neighbourhood disturbances on the basis of extra-contractual civil liability, independently of any fault.

This allows for an objective and sovereign assessment by the trial judges of the disturbance caused when the disturbance exceeds the customary measure of "normal" neighbourhood disturbances that an owner is supposed to endure, due to the particular characteristics of their property, taken in its environment.

However, the extent of the disturbance is not sufficient: it is the specificity of its abnormality and the resulting damage that must be considered.