Steps to follow when a neighbour is noisy
Follow a graduated approach: 1) friendly discussion with the neighbour, 2) formal notice by registered letter, 3) police complaint (local police), 4) mediation (optional), 5) justice of the peace claim based on article 3.101 of the new Civil Code (neighbourhood disturbances). Always inform your landlord, who must guarantee your peaceful enjoyment.
Noise nuisance is one of the most common neighbourhood disputes in Belgium. The law distinguishes between:
- Excessive noise (abnormal neighbourhood disturbance): actionable under article 3.101 of the new Civil Code — no proof of fault required, just proof of excessive disturbance
- Night-time noise (between 10 PM and 7 AM): may constitute a criminal offence under municipal police regulations
- Persistent noise (ongoing works, music, parties): accumulation of incidents strengthens your case
As a tenant, you must inform your landlord in writing. The landlord has a legal obligation to guarantee peaceful enjoyment and may need to intervene with the other tenant or their landlord.
Building your case file
To succeed before the justice of the peace, you need to document the noise systematically:
| Evidence | How to obtain | Strength |
|---|---|---|
| Police reports | Call local police during noise events | Strong |
| Noise log | Keep a dated diary of every incident | Moderate |
| Neighbour testimonies | Written, signed statements from other affected neighbours | Moderate |
| Registered letters | Copies of all formal notices sent | Strong |
| Audio/video recordings | Record noise from inside your apartment | Moderate |
| Bailiff report | Commission a bailiff to witness the noise | Very strong |
A single incident is rarely sufficient. Judges look for a pattern of repeated disturbances. Maintain a detailed noise diary over several weeks or months before taking legal action.
Legal action
If the graduated approach fails, the justice of the peace can:
- Order the neighbour to stop the noise under penalty payment (astreinte)
- Award damages to compensate for the disturbance
- Order soundproofing works if the noise is structural
- In extreme cases, terminate the noisy tenant’s lease at the landlord’s request
The claim is based on article 3.101 of the new Civil Code (neighbourhood disturbances), which does not require proof of fault — only proof that the disturbance exceeds what a neighbour should normally tolerate. The judge assesses the nature, intensity, frequency, and time of the noise.
Regional specifics
Brussels-Capital Region
The Ordinance of 27 July 2017 reinforces the landlord’s obligation of peaceful enjoyment. Brussels has specific municipal police regulations on noise, with fines ranging from 50 to 350 EUR. The Brussels environment agency (Bruxelles Environnement) can measure noise levels.
Wallonia
The Decree of 15 March 2018 applies the same framework. Walloon municipalities have their own noise regulations. Municipal mediation services are often available free of charge.
Flanders
The Flemish Housing Rental Decree of 9 November 2018 provides that the tenant is entitled to peaceful enjoyment. Flemish municipalities enforce noise regulations through GAS fines (gemeentelijke administratieve sancties) of up to 350 EUR.
Article 3.101 of the new Civil Code (abnormal neighbourhood disturbances). Municipal police regulations on noise. Article 1719 of the Civil Code (peaceful enjoyment).