Do I have to put up with my neighbour's strong odours?
Do I have to put up with my neighbour's strong odours?
"I'm particularly bothered by the nuisance caused by a body shop located a few dozen metres from my house, particularly the strong smell of paint. Can I demand that the ventilation system facing my property be moved? " Bertrand, Geneva
Article 684 of the Swiss Civil Code (CC) stipulates that all property owners are obliged, in the exercise of their rights, especially in their industrial operations, to refrain from any excesses detrimental to the property of their neighbours. In particular, unpleasant odours or noise which have a harmful effect and which exceed the limits of tolerance owed by neighbours according to local custom, the location and the nature of the buildings in question are prohibited.
Articles 12 and 13 of the Federal Law on the Protection of the Environment (LPE) stipulate that odour emissions must be limited by, among other things, building and equipment regulations, which the Federal Council is responsible for implementing by means of ordinances.
Article 6 of the Ordinance on Air Pollution Control (OPair) stipulates that emissions must be discharged in such a way as not to cause excessive nuisance to other people. To avoid causing such nuisance, emissions such as smoke or unpleasant effluents must generally be discharged above roof level, via a chimney or flue. The Federal Office for the Environment issued rules in 2018 specifying the necessary height of chimneys, the minimum being that the opening of chimneys discharging polluted gases or foul-smelling stale air must be at least 1.5 metres higher on flat roofs.
In Geneva, the Service de l'air, du bruit et des rayonnements non ionisants (SABRA) is responsible for receiving complaints from individuals about odour nuisance (restaurant smells, chemical products, etc). If a request such as yours is received, this department will decide whether an expert assessment should be carried out to evaluate the nuisance.
That said, it is always preferable to seek an amicable solution first, especially as many cases of this type can be settled following a discussion with the neighbouring owner, who may not even be aware of the nuisance caused by his business.
