Who's Right?Neighbour smoking on their balcony: what to say?
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In short
In France, a neighbour's smoke can only be penalised if it amounts to an abnormal neighbourhood disturbance, judged on intensity, frequency and duration. Start by talking calmly and suggesting concrete fixes before sending any letter.
Both sides
Since spring, Julien has been smoking on his balcony right below my window, about ten times a day. I work from home, and the smoke comes into my office as soon as I open the window. In the evening I have to keep my bedroom shut, even in the heat. I'm not asking him to quit, I just don't want his smoke in my flat.
This is my home, and I go out on the balcony precisely so I don't fill my flat with smoke, because of my son. I had no idea it was drifting up to her place. Instead of talking to me, she taped an anonymous note in the hallway, and that annoyed me. I'm happy to make an effort, but I'm not going down to the street to smoke ten times a day.
The verdict
Inès mostly has the stronger case. Around ten cigarettes a day, with smoke getting into her office and forcing her to shut her bedroom, is a real and repeated nuisance. That goes beyond the small annoyances of living in a building. Her request is also reasonable: she isn't asking Julien to stop smoking, just to stop smoking her out.
Julien still has solid points. He smokes at home and goes outside to protect his son, which is responsible. He also says he didn't know about the problem, and that's believable: people rarely notice their own smoke rising. The anonymous note was the wrong move. It put Julien on the defensive instead of starting a conversation.
The real issue isn't the right to smoke. It's how often and where. An occasional cigarette is tolerable. Several a day under the same window is not. Now the two of them need to talk face to face.
The compromise
Inès talks to Julien directly and tells him which times bother her most: her working hours with the window open, and bedtime. During those times, Julien smokes at the far end of his balcony or at his street-side window, and Inès sends him a quick message if smoke still gets in. They check in again in a month.
What the rules say
Official French guidance doesn't treat tobacco as a separate case: the general rules on smell nuisances apply. A smell can be penalised if it amounts to an abnormal neighbourhood disturbance, meaning it goes beyond the normal inconveniences of living near others. The Civil Code (Article 1253) says that whoever causes such a disturbance is automatically liable for the resulting harm, with no need to prove fault. A judge decides case by case, looking in particular at intensity, frequency, duration, the surroundings and compliance with regulations. Any kind of evidence is accepted: witness statements, a petition, a report by a court officer (commissaire de justice), letters sent to the neighbour. In a co-owned building, check the building rules (règlement de copropriété) first: they can restrict or even ban certain practices. If there is a clause on smells, inform the property manager (syndic). Before going to court, an attempt at an amicable settlement is mandatory: a court conciliator (free), a mediator (paid) or a participatory procedure. If the disturbance is recognised, the person responsible can be ordered to pay damages, and a lease can be terminated if they are a tenant.
Sources:
- Troubles de voisinage : nuisances olfactives (odeurs) (service-public.gouv.fr)
- Chapitre IV : Les troubles anormaux du voisinage (Article 1253) - Légifrance (legifrance.gouv.fr)
- Modèle de lettre - Mise en demeure de cesser les nuisances de voisinage (service-public.gouv.fr)
General information, not legal advice.
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Frequently asked questions
Is my neighbour allowed to smoke on their balcony?
The official sources we checked have no specific rule about smoking on a balcony. The limit is an abnormal neighbourhood disturbance. In a co-owned building, the building rules may also restrict some practices, so check them.
Is the odd cigarette an abnormal disturbance?
Unlikely. A judge looks at the intensity, frequency and duration of the nuisance. Smoke that drifts over rarely and briefly is more like a normal part of living in a building.
How can I prove the smoke gets into my home?
Any evidence is accepted: witness statements, a petition, letters to the neighbour, a court officer's report. Writing down dates and times every day helps show the nuisance keeps happening.
Do I have to see a conciliator before going to court?
Yes. An amicable attempt is mandatory before going to a judge: a court conciliator (free), a mediator, or a participatory procedure.
My neighbour rents: who should I contact?
Talk to them first. If nothing changes, service-public.gouv.fr offers a template letter to alert their landlord, whose contact details you can get from the property manager (syndic).
Guide Disputes between neighbors: the guide
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