In Belgium

Abnormal neighbourhood disturbance (trouble anormal de voisinage / abnormale burenhinder) is a legal concept codified in Article 3.101 of the new Belgian Civil Code. It establishes that a property owner who causes nuisance exceeding what neighbours should normally tolerate must compensate the affected party — without the need to prove fault.

No-fault liability. Unlike most civil claims, the plaintiff does not need to prove negligence. They only need to show that the disturbance exceeds what is considered normal in the given environment.

Who can claim? Both property owners and tenants can file a claim. A tenant suffering from excessive nuisance can act directly against the neighbouring owner or ask their own landlord to intervene.

How it works

Assessment criteria. The justice of the peace considers: the nature, intensity and duration of the nuisance; the character of the neighbourhood (urban, residential, industrial); the timing; and pre-existing conditions.

Types of nuisance: excessive noise (construction, music, animals), odours, smoke, vibrations, loss of light due to construction, tree roots damaging foundations, water runoff from a neighbouring property.

Remedies. The judge can order cessation of the nuisance, preventive measures (soundproofing, drainage) or financial compensation. The goal is to restore the balance between properties.

Procedure. The claim is filed with the justice of the peace. For urgent situations, summary proceedings (procedure en refere) can obtain provisional measures within days.

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Good to know
Since the 2020 reform of the Civil Code, the theory of abnormal neighbourhood disturbance has an explicit legal basis (Article 3.101). Previously, it was purely case law. The new code also allows preventive claims — you can act before the disturbance occurs if a serious risk is demonstrated.

Practical example

A landlord’s neighbour starts a large renovation project. For 4 months, jackhammering occurs daily from 7:00 to 19:00. The tenant files a claim with the justice of the peace. The judge rules this exceeds normal neighbourhood inconvenience in a residential area and orders the neighbour to limit noisy works to 9:00-17:00 on weekdays. The neighbour must also pay 1,200 EUR compensation for the disturbance of enjoyment.