Neighbourhood law governs conflicts between landowners and tenants arising from the use of adjoining plots. It forms part of the broader framework of Swiss real estate law. Its principal basis is art. 684 of the Civil Code (CC), which prohibits a property owner from disturbing the enjoyment of a neighbour through excessive interferences. These rules, supplemented by cantonal law and municipal regulations, form a complex legal framework that must be mastered to resolve neighbourhood disputes effectively. PBM Avocats advises its clients on all forms of nuisance — noise, odour, light or visual — and defends them before the competent administrative and judicial authorities in Geneva and the canton of Vaud.
Excessive Interferences: Concept and Criteria (Art. 684 CC)
Art. 684 para. 1 CC provides that the property owner is obliged, in the exercise of their right, to refrain from any excess to the detriment of neighbouring plots. Art. 684 para. 2 CC specifies that particularly prohibited are smoke and soot emissions, offensive odours, noise, vibrations and discharges that exceed the limits of the tolerance that neighbours owe each other, having regard to local practice and the nature of the properties. The list is illustrative: other forms of interference — vibrations, dust, artificial lights at night — may also be covered.
The excessive nature of the interference is assessed objectively, by reference to a reasonable neighbour placed in the same conditions. Local practice plays an important role: nuisances inherent in an industrial zone are more tolerable in that context than in a residential zone. The intensity, duration, timing (day or night) and predictability of the interference are elements taken into account. PBM Avocats conducts a detailed factual analysis, often supported by technical measurements or acoustic expert assessments, to establish the excessive nature of the nuisances alleged.
Legal Remedies: Negatory Action and Interim Measures
The property owner harmed by excessive interferences has recourse primarily to the negatory action based on art. 641 para. 2 CC (referencing art. 679 CC for damages), which seeks to put an end to the disturbance and prevent future disturbances. This action may be accompanied by a claim for damages if the claimant proves harm (loss of property value, soundproofing costs, disruption of commercial activity). In cases of urgency — intolerable nuisances affecting health or significant economic interests — an application for urgent interim measures may be filed with the civil court (art. 261 et seq. CPC).
On the administrative side, noise nuisances resulting from an industrial or commercial activity may be reported to the cantonal environmental protection authority (SCPE in Geneva, DGE in Vaud), which has powers of injunction based on the Federal Environmental Protection Act (EPA) and the Ordinance on Protection against Noise (OPN). The administrative route is often faster and less costly than the civil route for industrial nuisances. PBM Avocats coordinates both approaches to obtain the most effective result.
Plantings, Trees and Legal Distances (Art. 688 CC)
Art. 688 CC allows a property owner whose plot is encroached upon by branches or roots of trees or shrubs from a neighbouring plot to cut them themselves if the neighbour fails to comply within a reasonable period. This right of trimming exists regardless of any actual damage: the mere intrusion of branches or roots onto the plot suffices. However, cantons may exclude or modify this right by their legislation (art. 688 para. 2 CC), and several cantons have adopted rules on minimum planting distances from the property boundary.
In Geneva, the Law on Forests and Rural Vegetation (LFVP) and the applicable municipal regulations fix the distances to be observed according to the height and type of vegetation. In the canton of Vaud, the cantonal Law on the Protection of Nature, Monuments and Sites (LPNMS) and municipal regulations apply. Trees protected on account of their natural, heritage or landscape value may not be felled or pruned without prior administrative authorisation, even if they cause nuisances to a neighbour.
Views, Openings and Construction Distances (Art. 686 CC)
Art. 686 CC refers to cantonal law for fixing the distances to be observed for windows, openings and direct views onto a neighbouring plot. Cantonal legislation and municipal construction regulations define these distances according to the nature of the zones (residential, mixed, industrial) and the type of opening. Failure to observe these distances entitles the neighbour to request the closure or modification of the openings by negatory action, within the limitation periods of art. 127 CO.
Land easements of view — which authorise the beneficiary to maintain openings at distances less than the legal distances — are frequently constituted when land is divided or new buildings are constructed. They must be registered in the land register to be enforceable against third parties and subsequent purchasers. PBM Avocats drafts and registers these easements, or contests them where they infringe the rights of its client.
Frequently Asked Questions on Neighbourhood Law and Nuisances
At what level do noise nuisances become legally excessive?
Art. 684 para. 1 CC prohibits excessive interferences emanating from a plot of land, but does not fix numerical thresholds. The assessment is made in concreto by the judge according to the situation and nature of the plots, local practice and the intensity of the nuisances. For noise, courts often refer to the exposure limit values set by the Ordinance on Protection against Noise (OPN) as indicative guidance, without these being directly binding between neighbours. Residential zones tolerate nuisances less than industrial zones. Repeated nocturnal noise exceeding OPN thresholds in a residential zone generally constitutes an excessive interference giving rise to a right of action for cessation.
What remedies are available against excessive neighbourhood nuisances?
The aggrieved property owner may bring a negatory action under art. 641 para. 2 CC to put an end to the excessive interferences, combined with a damages claim if harm is established. In urgent cases, an interim measure may be requested from the civil court (art. 261 CPC), allowing a prohibition to be obtained rapidly. On the administrative side, a complaint to the cantonal environmental authority or the building control authority may lead to remediation measures. Neighbourhood mediation is also recommended as a preliminary step. PBM Avocats assesses which route — civil, administrative or alternative — is most effective depending on the nature and urgency of the nuisance.
What is the Swiss rule on trees and plantings at property boundaries?
Art. 688 CC authorises the property owner affected by branches or roots of trees or shrubs encroaching from a neighbouring plot to cut them themselves if the neighbour fails to do so within a reasonable period. Cantons generally fix the minimum distances to be respected for plantings from the property boundary in their cantonal introductory legislation to the CC or in special regulations. In the canton of Geneva, the Law on Buildings and Various Installations (LCI) and local case law specify these distances. If the plantings cause damage (foundations, pipework), the property owner may claim damages on the basis of art. 679 CC.
Are there legal distances for windows and views onto a neighbouring plot?
Yes. Cantonal law and municipal regulations fix the distances to be respected for openings (windows, glazed walls, balconies) overlooking a neighbouring plot. Under federal civil law, art. 686 CC refers to cantonal law for viewing distances. In Geneva, the LCI and zone regulations fix minimum distances between facades or openings and the property boundary. Failure to observe these distances may be sanctioned by an action for removal of the openings (negatory action) or, if the works were carried out in good faith, by the grant of a right of view easement against compensation. Prior expert assessment is often necessary to determine the actual distances.
Can a property owner be compensated for loss of view or sunlight caused by a new neighbouring construction?
In principle, no. Under Swiss law, each property owner may use their plot in accordance with construction and land planning rules, even if this reduces the view or sunlight of the neighbour. Loss of view or sunlight caused by a lawful construction is not in itself an excessive interference within the meaning of art. 684 CC, as it results from the normal exercise of the right of ownership. Compensation is due only if the construction violates legal provisions (distances not observed, excessive height relative to the zone) or easements registered in the land register. In case of violation of public law rules, the remedy is to be directed against the building authority that issued the permit.