New legislation
In force since 17 April 2024, Act no. 2024-346 of 15 April 2024 introduces for the first time into the Civil Code the principle of liability for abnormal neighbourhood disturbance, a concept that had previously been based on case law. However, the law does not define what constitutes an abnormal neighbourhood disturbance, which will continue to be assessed by the courts on a case-by-case basis. In addition, it limits the remedies available in cases of nuisance caused by agricultural activities in particular. Under the provisions of this law, the liability of a farmer who modifies the conditions under which he carries on his business to bring them into line with regulations cannot be sought on the grounds of abnormal neighbourhood disturbance, provided that he has not substantially modified the nature or intensity of his farming activity.
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