Disturbed by a car wash
Disturbed by a car wash
"I live on an industrial estate next to a car wash that's open 24 hours a day. The noise sometimes bothers me and I wonder whether the owner of the carwash should close it down at night. What about it?"
Jean, Carouge
Like most rights, property rights are limited by the rights of others. All property owners are therefore required to refrain from any excesses that may be detrimental to the property of their neighbours or any person with a right over the neighbouring property, such as a tenant. In particular, this prohibits the emission of smoke, unpleasant fumes or noise that exceeds tolerable limits.
As the Federal Office for the Environment points out, excessive noise can impair the quality of life and in some cases even damage health. For this reason, the Federal Council adopted the Noise Protection Ordinance in 1986, which aims to protect the population from harmful or annoying noise. Among other things, it regulates external noise emissions produced in particular by the operation of buildings or other industrial installations, including petrol stations, and sets permissible limit values. These limits depend on the type of installation causing the noise and the degree of sensitivity permitted in the land-use zone in which the installation is located. With regard to noise produced by industrial installations, their handling and their heating, ventilation and air-conditioning installations, Appendix 6 of the Ordinance stipulates that noise from such installations must not exceed 55 decibels during the day and 45 during the night in recreational areas, 60 decibels during the day and 50 during the night in residential areas, 65 decibels during the day and 55 during the night in commercial or agricultural areas, and 70 decibels during the day and 60 during the night in industrial areas. By way of example, a washing machine running is considered to be equivalent to around 60 decibels.
If the exposure limit values set by the above-mentioned Ordinance are exceeded, the owner will have to reduce the noise emitted by his station. If he fails to do so, you can report the situation to the cantonal Service for Protection against Noise and Non-Ionising Radiation (SPBR) or take civil action before the Court of First Instance for breach of article 684 of the Civil Code, which prohibits noise that exceeds the limits of tolerance.
