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Construction works and abnormal neighbourhood disturbances in Monaco

13/04/2023

For many years, Monegasque case law has sought to conciliate urban expansion and quality of life by sanctioning abnormal neighbourhood disturbances on the basis of extra-contractual civil liability, independently of any fault.

This allows for an objective and sovereign assessment by the trial judges of the disturbance caused when the disturbance exceeds the customary measure of "normal" neighbourhood disturbances that an owner is supposed to endure, due to the particular characteristics of their property, taken in its environment.

However, the extent of the disturbance is not sufficient: it is the specificity of its abnormality and the resulting damage that must be considered.

During a construction site, the disturbance is abnormal when it exceeds the normal inconveniences of a construction site - by its duration or intensity - or when the construction is not carried out in conformity with the building permit.

The author of the disturbance, the building owner, is then required to pay compensation, subject to their possible claim against the contractors.

The Monegasque judges will thus proceed to an analysis in concreto of several criteria:

  • The extent of the work, assessed according to a "proportionality control" with the "normal" inconveniences that a construction site necessarily causes;
  • The duration of the work, compared with the "normal" duration of this type of work and the "bearable" duration of such a project; and
  • The serious consequences caused by the work, whether economic, material or moral.

In any event, the burden of proof lies with the person claiming to be the victim of the alleged disturbance and, in general, proof of abnormal disturbance requires recourse to a judicial expert opinion in order to determine the imputability and extent of the disturbance suffered and the amount of the damage.

After the completion of a construction, the Monegasque courts may also consider the existence of abnormal neighbourhood disturbances, for example when the constructions built cause a loss of sunlight or view on a neighbouring property, independently of the violation of any easement.

In general, the question arises of how to prove the disturbance suffered after the demolition and reconstruction of a building. In order to avoid this risk, it is strongly recommended that a specialised design office is called in to carry out a model of the existing and projected constructions, which will make it possible to anticipate any recourse undertaken by the owners of neighbouring properties.

That said, there is no such thing as a "right to sunshine", and Monegasque courts strictly assess the facts, taking into account the massive urbanisation of the Principality and, once again, the "abnormality" of the disturbance suffered.

Thus, if "no one can claim an acquired right to a fixed case law"; in terms of abnormal neighbourhood disturbances, it also seems that no one can claim an acquired tranquility at a given moment...

Authors

Portrait ofSophie Marquet
Sophie Marquet
Partner
Monaco
Portrait ofMarion Cabanès
Marion Cabanès
Counsel
Monaco