Le Padel, what are the risks of noise pollution? How to settle the conflict? Adrien PUJOL, mediator, lawyer and Vice-President of Sports Mediators returns to this topic regularly addressed for a few months with in particular some clubs of padel in conflict with third parties because of the noise generated by the practice of padel.

Any repeated parasitic noise affects human health and harms their environment. Article R.1334-31 of the Public Health Code specifies that " no particular noise must, by its duration, its repetition or its intensity, to disturb the tranquility of the neighborhood or the health of the man ... ».

However, and unlike the regime for abnormal neighborhood disturbances (enshrined in case law on the concept of disproportion), noises resulting from sports or municipal leisure activities require that prior mediation be carried out in the presence of the mayor of the municipality, followed by an acoustic measurement at the complainant's premises before the judicial referral.

 Criteria to be used to characterize the nuisances

To determine the nuisance, a comparison is made between the sound level produced by the installation in question and the residual sound level (without the noise of the installation). This difference called “emergence” is set out in articles R 1336-8 and R 1336-9 of the public health code. The maximum emergence not to be exceeded is a function of the period during which the noise occurs (daytime [7 am-22pm] or nighttime [22 pm-7am]) and the cumulative duration of appearance of the noise over a period of 24 hours.

Example of Jurisprudences on the question:

1 - Noise of the daily bounce of tennis balls

CA Douai, Oct. 7, 1991: Juris-Data n ° 1991-043928.

2 - Noise pollution from a metal structure of a gymnastics club

CA Bourges, ch. civ., 23 Nov. 2006: Juris-Data n ° 2006-329975.


Dialogue, Prevention and Mediation before any legal action

1. Municipal clubs

The prevention of noise pollution requires reflection as soon as various projects are set up. Thus, the mayor in conjunction with Sports Mediators can:

  • Engage in awareness-raising actions and anticipation of noise-related conflicts
  • Remind the regulatory obligations on local bulletins
  • Display preventive measures in municipal premises (multipurpose rooms, swimming pools, gymnasiums, etc.) or issue orders under Article L 1311-2 of the Public Health Code and Article L 2212-2 of the General Code of local authorities (prohibition or time limitation of certain activities or events, for example).

Upon receipt of a request for abnormal noise from a sports structure, a mediating dialogue phase is set up. The Sports Mediators intervene with the Town Hall to conduct a neutral and impartial dialogue towards peaceful and acceptable solutions between residents, municipalities and users of the structures.

2. Private structures

The prevention of noise remains essential in the assembly and the establishment of a professional sports structure.

Le Padel is experiencing the emergence of many private clubs covered or uncovered whose requests for reservations and practice are strong. Daily events are organized there (including high-ranking competitions like the P1000 or P2000).

The location and anticipation of acoustic risks must be considered.

The role and contribution of the mediator is essential both upstream of a project, in the dialogue with land builders, and with the public and the surrounding neighborhood. But also once a request (complaint) has been received, in order to preserve the structure by adapting lasting and acceptable solutions to it. Mediation can lead to simple meetings with verbal agreement or be the subject of a true written amicable transaction, having the force of law and putting a definitive end to the conflict.

The many builders must integrate and inform about the acoustic qualities and provide an adequate structure and location. Sports Mediator accompanies them on request.

Adrien PUJOL - Mediator & Lawyer - Vice-President of Sports Mediators

NB: sports mediations concern all types of litigation or the prevention of future conflicts (civilians, contracts, events, images, sponsor, etc.) outside the application of federal internal regulations.

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Professional sports mediator (judicial or conventional) - mediation trainer - and lawyer based in Bordeaux. Passionate of Padel and Tennis, he is regularly appointed by clubs, associations or sportsmen (ves) in amicable settlement of disputes before any trial. For Padel Mag, he reviews monthly news on conflict resolution and mediation.
Do not hesitate for any question: pujol.avocatmediateur@gmail.com
Sports Mediators: a healthy “mediation” spirit, for a peaceful sporting practice.