Neighbour Disputes in Switzerland: What to Do?

Neighbour Disputes

Art. 684 CC is the main legal basis governing neighbourhood relations. It prohibits any excess to the detriment of a neighbour's property.

The Principle (Art. 684 Para. 1 CC)

Everyone must exercise their property rights while refraining from any excess to the detriment of a neighbour's property. Emissions exceeding the limits of tolerance that neighbours owe each other, considering local custom, the location and nature of the buildings, are prohibited.

Types of Nuisance

Nuisances covered by art. 684 CC include:

1. Noise (music, construction work, animals, parties)
2. Odours (barbecue, smoke, waste)
3. Vibrations
4. Smoke
5. Excessive light
6. Plantings encroaching on neighbouring land (art. 687-688 CC)

Assessment of Excess

The court assesses the excess considering:

1. Local custom (what is usual in the area)
2. Location of the building (residential zone, mixed zone, industrial zone)
3. Nature of the buildings (flat, house, commercial premises)
4. Intensity and frequency of the nuisance
5. Time of day (night-time nuisances are judged more severely)

Steps to Take

1. Dialogue: try to resolve the conflict amicably with the neighbour
2. Mediation: use a communal or private mediator
3. Property management: if the nuisance comes from a tenant, contact the landlord
4. Police: in case of excessive noise (nocturnal disturbance), call the police
5. Legal action: apply to the justice of the peace or district court to obtain cessation of the nuisance (art. 679 CC)

Planting Distances (Art. 687-688 CC)

Cantonal law sets minimum distances for plantings:

1. Canton of Vaud: 50 cm for hedges, 2 m for trees (under Vaud cantonal law)
2. Branches and roots extending onto neighbouring land may be cut by the neighbour if the owner fails to do so within a reasonable time (art. 687 CC)