Monique, a resident of the Haute-Savoie region in the French Alps, says hot air balloons packed with tourists take off outside her home every morning, and she wants to know how to stop it. She raised the problem on TF1's lunchtime consumer affairs segment "Le 13H à vos côtés".
Monique said the noise from the balloons' burners and from the inflating of the canopies disrupts her sleep. She also said she fears for her safety in the event of an accident during takeoff or while the balloons fly over her chalet.
"Le 13H à vos côtés" is a regular feature of TF1's midday news bulletin in which the channel takes on everyday legal and consumer problems sent in by viewers. Legal expert Valentin Dépret answered Monique's question on the programme, presented by Marie-Sophie Lacarrau.
What French law says about neighbourhood noise
Dépret said the relevant rule comes from the French Civil Code, under which a company responsible for a disturbance that exceeds the normal inconveniences of neighbourhood life is automatically liable for the resulting damage. This principle of "trouble anormal de voisinage", or abnormal neighbourhood disturbance, is a long-established part of French civil law used in disputes between residents and nearby businesses.
Dépret cited a 2022 case in the Gers department, where a court ordered a campsite to move its entertainment area after nearby residents complained that it was too noisy.
The "first in place" rule
He said two conditions apply before a resident can win such a case. The first is what French law calls the "antériorité", or precedence, rule: whoever was there first. He said that if someone moves in next to a go-kart track knowing it is there, the track's operator can use that as a defence, unless the nuisance has since worsened.
Rules for hot air balloon flights
The second condition concerns rules specific to hot air balloons. Dépret said industry representatives require balloons to climb to at least 300 metres when flying over a town, and generally to 150 metres when not above homes, so that people below are not overlooked in their gardens. Takeoff zones must also be declared and authorised. Dépret said the town hall responsible for the area near Monique's home confirmed that its takeoff zone does have the required authorisation. Haute-Savoie, which includes part of the Mont Blanc massif, is a popular destination for hot air balloon flights over the Alps.
What Monique can do next
Despite this, Dépret said Monique does not have to resign herself to living with the noise. He pointed to a case near Saint-Tropez, where a court ruled two years ago that an authorised helicopter operation amounted to an abnormal neighbourhood disturbance.
He suggested Monique first talk to the balloon operator, asking it to change the inflation and takeoff zone or limit the number of morning flights. If that fails, he said she could send the operator a formal notice, backed by testimony from other residents, a report from a bailiff, an assessment from an acoustics expert and, if her sleep is affected, a medical certificate.
Dépret said Monique's case may not need to go that far, because the town hall told the programme it was determined to resolve the problem and had not previously been aware of it. The town hall has invited Monique to come in and discuss a solution.
Viewers of "Le 13H à vos côtés" can submit their own questions to the programme by video through TF1's dedicated page, or by email.
