Part One: General health protection

No particular noise may, by its duration, repetition or intensity, be detrimental to the tranquillity of the neighbourhood or to human health, in a public or private place, whether caused by a person himself or through the intermediary of a person, a thing in his care or an animal under his responsibility.

When the noise mentioned in article R. 1336-5 originates from a professional activity other than one of those mentioned in article R. 1336-10 or from a sporting, cultural or leisure activity, organised on a regular basis or subject to authorisation, the neighbourhood peace and quiet or human health are affected if the overall emergence of this noise perceived by others, as defined in article R. 1336-7, is greater than the…

Overall emergence in a given location is defined as the difference between the ambient noise level, including the particular noise in question, and the residual noise level, made up of all the usual outdoor and indoor noises corresponding to normal occupation of the premises and normal operation of the equipment, in the absence of the particular noise in question. The limit values for emergence are 5 A-weighted decibels during the…

Spectral emergence is defined by the difference between the ambient noise level in a standardised octave band, including the particular noise in question, and the residual noise level in the same octave band, consisting of all the usual exterior and interior noises corresponding to normal occupation of the premises mentioned in the second paragraph of article R. 1336-6, in the absence of the particular noise in question. The limit values…

The noise measurements referred to in article R. 1336-6 are carried out in accordance with the procedures defined by order of the ministers responsible for health, ecology and housing.

If the noise referred to in article R. 1336-5 originates from a public or private worksite, or works involving buildings and their equipment subject to a declaration or authorisation procedure, the disturbance to the peace and quiet of the neighbourhood or to human health is characterised by one of the following circumstances: 1° Failure to comply with the conditions laid down by the competent authorities concerning either the performance of…

When it has observed non-compliance with the provisions of articles R. 1336-6 to R. 1336-10, the competent administrative authority may take one or more of the measures provided for inarticle L. 171-8 of the Environment Code.

For its application in Saint-Barthélemy, the first paragraph of article R. 1336-2 reads as follows: “Checks on the application of the provisions of article R. 1336-1 and the decree adopted for their application are carried out, in addition to by officers and agents of the judicial police, by the agents responsible for the checks mentioned in 1° and 2° of I and II of article L. 571-18 of the Environmental…

For the application of article R. 1336-4 in Mayotte, the references to articles L. 4111-1 and L. 4111-3 of the Labour Code are replaced by the reference to article L. 233-1 of the Mayotte Labour Code.