Neighbour nuisance: who is liable when the works are public?

You live in Le Cannet, a peaceful villa with a sea view, when suddenly the jackhammers start ringing. The neighbouring commune of Grasse has decided to build a new sewer. The noise, vibrations, dust: your daily life becomes a nightmare. You ask yourself: "Can I get compensation?" This question was settled by the judges in 1972 in a ruling that is still authoritative. But what does it actually change for you? The judgment of 22 March 1972 (No. 70-14.359) of the Cour de cassation answers: yes, you can take action, but only if the nuisance originates from a public work. Otherwise, the ordinary law of neighbour nuisance applies. Explanations.

The facts: a story like many that happen every day

Imagine Mr Dupont, owner in Le Cannet, whose house adjoins a communal piece of land. The commune of Grasse entrusts a concessionaire with the construction of a public work – say a sewerage network. The construction machinery, the coming and going of lorries, the noise: Mr Dupont suffers an abnormal neighbourhood nuisance. He sues the concessionaire before the tribunal judiciaire of Grasse to obtain damages.

The concessionaire raises a plea of lack of jurisdiction: according to him, since the equipment used serves a public work, the dispute falls within the jurisdiction of the administrative court, not the civil court. The court of appeal dismisses this plea and declares itself competent. The concessionaire appeals to the Cour de cassation.

The Cour de cassation must decide: can the civil court hear an action for neighbour nuisance against a concessionaire of a commune for public works? The answer is yes, but only if the nuisance does not originate from a public work. Here, the court of appeal did not find that the nuisance originated from a public work, so it was not obliged to declare itself incompetent. The ground raised for the first time in cassation being mixed with fact and law, it is inadmissible.

The reasoning of the court — broken down

The legal basis here is Article 1240 of the Civil Code (formerly 1382), which requires compensation for damage caused by one's fault. But attention: in matters of public works, the liability of the administration falls under administrative law, and the competent court is the administrative court. However, when the nuisance is caused by the concessionaire – a private person – and not by the commune itself, the boundary is blurred.

The trial judges (court of appeal) considered that the nuisance was due to the equipment used, without specifying whether this equipment was allocated to a public work. The Cour de cassation validates their reasoning: for lack of jurisdiction to be upheld, the judge must expressly find that the nuisance originates from a public work. This was not the case here. In other words, the mere fact that a site is public is not enough to exclude the civil court: the damage must arise from the public work itself.

This judgment is a confirmation of previous case law, not a reversal. It reminds us that jurisdiction is determined on a case-by-case basis, depending on the origin of the nuisance. What few people know is that this distinction is crucial: if the nuisance comes from the completed structure (e.g. water infiltration), it is the administrative court; if it comes from the construction equipment (noise, vibrations), the civil court may be competent if the concessionaire is a private entity.

What this changes for you — concretely

If you are a homeowner in Grasse and the commune carries out works next to your home, you can take action against the concessionaire company before the tribunal judiciaire for excessive noise or vibrations. However, be careful: if the nuisance comes from the structure itself (e.g. a collapsing wall), you will have to go before the administrative court.

For tenants: you can also take action, but you must prove a personal injury. For example, a tenant in Le Cannet suffering from repeated night-time disturbances can claim a rent reduction or damages.

For co-owners: if the public works damage the common parts (e.g. cracks), it is the syndic who must act. The limitation period is 5 years from the manifestation of the damage.

undefined, I have come across cases where a resident of Grasse obtained €5,000 for noise nuisance from a public works site, because the judge considered that the noise exceeded the normal inconveniences of neighbourhood. In short, you can obtain compensation, but you must prove the abnormal nature of the nuisance.

Four tips to avoid this type of dispute

• Keep all evidence: photos, videos, sound recordings, witness statements. Note the dates and times of the nuisances.
• Send a formal notice to the concessionaire by registered letter: ask for the cessation of the disturbances or measures to reduce them (e.g. working hours). Keep the acknowledgement of receipt.
• Have a bailiff record the facts: a bailiff's report is solid evidence for court. Expect to pay around €200.
• Consult a lawyer before taking action: a lawyer specialised in property law will help you determine the jurisdiction of the court (civil or administrative) and assess your chances.

Besoin d'un conseil personnalisé ? Contactez Maître Zakine — première consultation 30 min à 45€.

Further reading: related case law and developments

This 1972 judgment is part of a consistent line: the Conseil d'État, in a judgment Commune de Saint-Jean-de-Luz (1963), had already held that neighbourhood nuisances caused by public works fall within the jurisdiction of the administrative court. The Cour de cassation, here, clarifies that if the nuisance is due to equipment used by a private concessionaire, without direct connection to the public work, the civil court remains competent.

The current trend is towards the protection of neighbours: courts are more inclined to recognise the abnormal nature of the nuisance and to award compensation. How to react? Do not hesitate to bring an action based on strict liability against the project owner (the commune) before the administrative court if the nuisance is linked to the structure itself.

Summary and next steps

Checklist: What to do if you suffer a neighbourhood nuisance related to public works

1. Identify the origin of the nuisance: is it the site (equipment, noise) or the completed structure (infiltrations, cracks)?
2. Determine the responsible party: commune (public entity) or concessionaire (private person)?
3. Gather evidence: photos, videos, witness statements, bailiff's report.
4. Consult a lawyer: to choose the right jurisdiction (civil or administrative).
5. Act within 5 years: ordinary limitation period.

FAQ

Can I sue the commune directly? Yes, but before the administrative court, if the nuisance originates from a public work.

What amounts can I expect? Between €1,000 and €10,000 depending on the duration and intensity of the nuisances.

What if the nuisance stops? You can still claim compensation for the damage suffered.

Can a tenant act alone? Yes, for their personal injury (loss of enjoyment).

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →