Neighbour’s chimney blows smoke into our French home: what can we do?

Reader Question: Our neighbour’s chimney blows smoke directly onto our house, close to our bedroom window, and if we open it for fresh air the smoke blows in. Can we take them to court?

Smoke from a neighbour’s chimney should not be entering your property, as this is a health and safety risk.

All chimneys have to comply with building rules, including the NF DTU 24.1 regulations on chimneys.

Read more: Do we need planning permission to install chimney in French home?

The rules which relate to your case include those on the height of a chimney’s flue in relation to nearby buildings. The top of the chimney must extend at least 40 centimetres above the roof of any building less than eight metres away.

Excess smoke impacting your property may be a sign the neighbour is in violation of these rules. 

If this is the case, you should inform your neighbour of this, especially if you are on good terms, as they may be unaware of the rules and want to adapt the chimney to be within the rules.

Read also: Chimney sweep not at fault for later fire in French home

Whether or not this regulation is respected, disturbance from smoke, if it is a frequent occurrence, may form grounds for a legal claim under the rules around causing a trouble anormal de voisinage (abnormal neighbourhood disturbance). 

If this is the case you should write to the neighbour, either by a simple letter or an email setting out your concerns. 

If this does not resolve the situation, you should then notify the neighbour by lettre recommandée avec avis de réception (registered post with reception slip), that you will take further action - notably applying to a mediation service - if he or she does not act within 15 days. You should, if necessary, then contact a concilateur de justice. 

Read more: Explained: How to settle disputes without going to court in France

The final step, if required, is to take your neighbour to court – the court will ask for proof you have exhausted all amicable means before hearing the case. 

When it comes to legal claims over chimneys, a purely visual disturbance is unlikely to be accepted as valid ground (chimneys are not used year round, and will not have a significant impact on view or property value), but health and safety aspects are more commonly accepted.

The onus would be on you to provide evidence of the disturbance, either by proof of the smoke entering your property, negative impact on your health, testimonies from other neighbours, etc.

If the chimney is not in line with building regulations, you can also cite this as part of your case.