Neighbouring countries succeed

What does the neighbourhood law say about odours?

It is subsequent laws which regulates disputes about odours. The Neighbourhood Act is also called the grannelova.

In order for the Neighbourhood Act to apply, the odour must be unreasonable or unnecessarily harmful or inconvenient to the neighbour. In disputes about odours from neighbours, it is the wording «unreasonable» and «unnecessary» that is worth noting.

What is unreasonable or unnecessary odour?

It's reasonable for your neighbour to have an outdoor compost bin, but it's unreasonable if it smells so strong that it's a nuisance.

In general, you can say that the smell is unnecessary if your neighbour can choose to shield you, for example by closing windows or carrying out activities in another way that does not generate odours.

Where do you draw the line on odours from your neighbours?

How much odour you should tolerate depends in many cases on where you live. If you live in a residential area, for example, there will be different types of odours than in a block of flats.

In a residential area, you shouldn't expect annoying odours from your neighbours, while in the city, there will be a higher threshold for complaints if you have chosen to live close to others in a block.

The more uncommon the problem, the easier it is to resolve. There is a higher threshold for complaining if you have chosen to live next to a rubbish dump than if your neighbour in your residential area spreads dirt on the lawn to make the grass grow better.

Whether odours from neighbours are unreasonable or unnecessary therefore depends on a discretionary assessment that must often be decided in court.

Should I notify my neighbour about odours?

Answer. A neighbour notification is positive because it shows that you pay attention to your neighbours by informing them of what will happen. Most neighbours tolerate neighbourly smells as long as they know about the smell in advance.

Under the Neighbourhood Act, you are also obliged to give notice that you are going to start work on, for example digging, construction or other activities that may cause damage or inconvenience to the neighbour.

It's important to know that you can't create as many bad smells as you want just because you send a neighbour notification. You still have to comply with laws and regulations.

How do I proceed in a neighbour dispute about odour?

The easiest way to prevent neighbour conflicts is to raise the problem with the neighbour in a polite manner. If this does not work, it is important that further dialogue takes place in writing. This should clearly state that you are complaining about odours. If this does not lead to a solution, you should contact a lawyer who is an expert in neighbour disputes.

Can I demand odour correction in a neighbour dispute?

Right. The Neighbourhood Act gives you the right to demand rectification. If odours from your neighbour exceed the tolerance limit, you can demand that the source of the odour be corrected so that the odour conditions are acceptable.

Whether the odour is above the tolerance limit depends on a discretionary assessment that weighs the benefits for the person creating the odour against the inconvenience for the neighbour. This judgement must often be decided in court.

Can I get compensation for odour in a neighbour dispute?

Answer. It will be possible to claim compensation for odour if the odour from your neighbour is illegal, but this assumes that you have suffered a financial loss. This can be difficult to prove and must therefore often be assessed and decided in court.

Do I need a lawyer?

What is unreasonable or unnecessarily inconvenient for you can be difficult to assess. It will also be challenging if the neighbour is difficult to communicate with. It may make sense to contact a lawyer who is an expert in neighbour conflicts, such as Jørgen Bugge.

Do I have to pay for a lawyer myself?

In the event of a neighbour dispute, your home insurance or house insurance will normally have a legal aid cover. This covers your legal expenses up to NOK 100,000 in the event of a noise dispute. You will have to cover the deductible for the insurance as well as any legal fees in excess of this amount yourself.

Why should I choose Advokatfirmaet Halvorsen & Co?

For almost 30 years, we have assisted many clients in property disputes. Our lawyers have extensive experience and are experts in neighbour disputes.

We always offer a free conversation about your case. Get in touch with us today.