Night-time noise in France: the fine, the police and your options

It is two in the morning, music is coming through the ceiling and you have to get up early. Night-time noise is one of the few noise problems the police in France can punish on the spot, with a fine. A lawyer reviews your situation in 20 minutes on Avocat20min.fr.

This article explains the fine, the role of the police and what can follow. For an overview of the rules by day and by night, read our guide to neighbour noise and French law.

What French law calls night-time noise

The rule fits in one sentence. Article R623-2 of the criminal code punishes "noise or rowdiness that is abusive or nocturnal and disturbs the peace of others", known in French as "tapage nocturne". It carries the fine for third-class petty offences.

Three practical points follow:

• No hours in the text. The code sets no time slot. The official service-public page uses the usual benchmark of 10 pm to 7 am, and the judge decides on the circumstances.
• One episode can be enough. At night, the noise does not need to last or to be repeated. It is enough that it disturbs someone and that the person making it cannot ignore it.
• No decibel reading. Officers assess by ear, often from the home of the person disturbed.

Night-time noise covers every kind of sound: music, shouting, singing, furniture dragged across the floor, appliances. The code also punishes anyone who knowingly helps commit the offence.

Night-time noise or behaviour noise: two rules

Daytime noise follows another rule. Article R1336-5 of the public health code bans any noise that, "through its duration, repetition or intensity", harms the peace of the neighbourhood. That rule applies at any hour.

Since 1 October 2023, this behaviour noise has been a fourth-class petty offence (article R1337-7 of the same code). Its fine is therefore higher than the one for night-time noise.

Rule	When	Fixed fine	Increased fine	Before a judge
Art. R623-2 of the criminal code (night-time or abusive noise)	At night, or at any hour if abusive	€68	€180	up to €450
Art. R1336-5 and R1337-7 of the public health code (behaviour noise)	Day and night	€135	€375	up to €750

These amounts come from articles R49 and R49-7 of the code of criminal procedure and article 131-13 of the criminal code. The code of criminal procedure allows a fixed fine for both offences (article R48-1, point 9).

Local rules set by the mayor and the prefect

The code does not say everything. In each département, a prefectoral order often regulates neighbour noise, and many mayors issue their own order. These texts set, for example, the hours allowed for lawnmowers, drills or DIY work.

These local hours do not create a right to make noise. A drill used within the permitted hours is still banned if it becomes excessive through its duration or repetition. Conversely, an activity outside those hours is easier to fine.

Check the website of your town hall or prefecture, or ask for the order at the front desk. Quoting the local rule in a letter to the neighbour gives your request more weight.

Night-time noise is not limited to flats. A group talking loudly under the windows, a car playing music at the foot of the building or a lively private terrace all fall under the same rule. What matters is the disturbance caused to others during the night.

In a co-owned building, the building rules often include a peace and quiet clause. The managing agent can then call the owner to order, and even go to court if the disturbance affects the whole building.

Calling the police or the gendarmerie

First, if you can do so safely, knock on the door or slip a note under it. Many neighbours turn the volume down as soon as someone mentions the problem. If the noise goes on, or if contact seems risky, call the police.

1. While the noise is happening. Dial 17, or call your local police station or gendarmerie. Keep 112 for life-threatening emergencies.
2. Describe the facts. Give the exact address, the floor, the type of noise and how long it has lasted.
3. Let the officers witness it. They often listen from your home, then go to the source.
4. Write down what happens. Time of the visit, the service involved, a fine or a simple warning.

In many towns, the municipal police also work at night. The mayor, who is responsible for public peace (article L2212-2 of the local authorities code), can have neighbour noise recorded.

Some nights no patrol is available. Keep a precise record instead: it will help later, as our article on noise nuisance evidence explains.

What the person making night-time noise risks

When officers witness the offence, they can issue a fine notice on the spot. The fixed-fine timetable then applies:

1. 45 days to pay €68. The period runs from the finding, or from the date the notice is sent if it comes later (article 529-1 of the code of criminal procedure).
2. After that, €180. With no payment and no challenge within the period, the fine is increased automatically (article 529-2).
3. The police court if the fine is challenged. The judge can then impose a fine of up to €450, or acquit.

The code also provides for an additional penalty: confiscation of the item used to commit the offence, such as a speaker or a sound system.

The occupant cannot hide behind the guests. The Cour de cassation has ruled that a person at home who lets guests make noise in the middle of the night can be prosecuted as an accomplice (criminal chamber, 26 February 2020, No. 19-80.641).

The offence never leads to a prison sentence.

You have received a night-time noise fine

Do you dispute the facts? The request for exemption must be made within 45 days to the service named on the notice, often the public prosecutor's officer for petty offences. Paying the fine ends the case: you can no longer challenge it afterwards.

Attach whatever supports your account: the real time the evening ended, witness statements, proof you were away that night. Once the fine has been increased, you can still lodge a complaint within thirty days of the increased fine notice being sent (article 530).

The process is similar to other fixed fines. Our article on challenging a fixed fine covers the channels and the pitfalls.

When the noise comes back night after night

A fine punishes one evening. It does not always end a problem that settles in. Several steps can be combined:

• A letter. A simple letter, then a formal notice by registered post with acknowledgement of receipt, sets out the rules and dates the problem.
• A police log or a complaint. A police log ("main courante") records the facts without prosecution. A complaint allows the prosecutor to bring charges.
• The landlord or the managing agent. If the neighbour rents, the landlord must act. Our article on the noisy tenant explains how to push them.
• The court conciliator. Free of charge, the conciliateur de justice brings neighbours together to reach an agreement. This attempt is in principle required before going to court over an abnormal neighbour disturbance (article 750-1 of the code of civil procedure).
• The court. The judge can order the disturbance to stop and award damages. Our guide to abnormal neighbour disturbance covers this route.

Repeated parties raise their own questions, dealt with in our article on neighbour parties and noise.

Mistakes to avoid with night-time noise

A few reactions often weaken a case:

• Answering noise with noise. Banging on the ceiling or turning your own music up exposes you to a fine too.
• Threats or insults. An argument can turn into an offence, and it weakens your position before the judge.
• Filming inside the neighbour's home. Recording the image of a person in a private place without consent is an offence (article 226-1 of the criminal code). Record from your own home, without aiming at anyone's interior.
• Posting on social media. Publishing a video or a name exposes you to legal action, even if the nuisance is real.
• Exaggerating. A false report can be very costly. Describe what you heard, no more and no less.

Shouting at night is not always a party. If it suggests violence, call 17 straight away. Our article on neighbours arguing explains how to react.

How a lawyer helps

A lawyer can help on either side of the wall. For the person disturbed, they build the file, draft the formal notice and prepare the action before the judicial court. For the person fined, they review the notice and prepare the challenge.

Legal aid (aide juridictionnelle) can cover their fees depending on your income. A real estate lawyer answers in 20 minutes.

The official rule is set out on the service-public page on behaviour noise.