Better a good neighbor than a distant friend: neighbor nuisance at businesses explained

Flanders is a particularly densely populated region and those who want to do business often do so near residential properties. Not infrequently, entrepreneurs are then faced with complaints and protests. Think, for example, of companies active in “environmentally harmful” sectors (with, for example, odor or noise impact), but also less burdensome companies can provoke resistance, for example, because of the traffic to and from their company site. The NIMBY (Not in My Back Yard) phenomenon remains alive and well in Flanders and is increasingly turning against neighborhood entrepreneurs. Gregory Vermaercke and Elouise Willems, environmental law attorneys at NOMA, share their expertise on neighborhood nuisance in the professional playing field and outline how your company can best deal with it.

Increasingly, however, local residents are choosing to sue directly in the justice of the peace for excessive neighborhood nuisance. Although the principle of excessive neighbor nuisance has always existed in case law, a few years back it was effectively enshrined in Article 3.101 of the New Civil Code.  This seems to inspire citizens to increasingly use the principle of neighbor nuisance as a legal weapon against a neighboring business site. Indeed, neighbor nuisance differs from a classic extra-contractual liability in that it is a no-fault liability, meaning that no fault needs to be proven. Moreover, as judges close to citizens, justice of the peace is often an ally for local residents in conflicts with “the big business owner.Limiting liability as first contractual reflex

Justice of the peace decides: what a neighbourhood nuisance judgment means for your business

The risk for businesses is considerable: justices of the peace have the power to impose sweeping measures ranging from high damages to mandatory compensatory measures or even the shutdown of business operations. Moreover, when a court orders measures that require a licence, the competent authorities are obliged to cooperate in implementing the judgment.

And that is not all, because to top it off, the justice of the peace can even take preventive measures if there are (imminent) risks regarding safety, health or pollution.

When is nuisance excessive? The legal thresholds explained

So the consequences of neighbour nuisance for entrepreneurs can be far-reaching, yet there are legal limits to this concept. After all, Article 3.101 of the new Civil Code states that there is only neighbour nuisance when the entrepreneur uses the property in a way that exceeds the normal inconveniences of the neighbourhood and is imputable to him. 

In short: the nuisance must not only be demonstrably caused by the proprietor, but must also be actually excessive.

Don't let neighbour nuisance thwart your business plans

Assessing a conflict with neighbours is thus always a question of fact, and the justice of the peace plays a key role here. One thing is certain: neighbour nuisance is a powerful tool for local residents.
As a business owner, you would do well to keep your neighbours friendly. Are you faced with a claim by your neighbours, or are proceedings imminent? Always take this seriously, as the consequences for your business operations can be significant.