It is not possible to require a neighbor to comply with a DTU standard (unified technical document, which specifies the technical conditions for the proper execution of the works) because these standards are voluntary and not compulsory, as judged the Court of Cassation.
In this case, she observed that it was not possible to impose this neighbor to leave a distance of three meters between the property line and its sanitation system, as provided for by professional standards. It therefore proved wrong, according to this principle, an owner who complained about the installations of his neighbor and asked that he be condemned to move his sewerage pit away from the separation of properties.
Non-collective sanitation standard
In making this request, the dissatisfied owner invoked the NF DTU standard (French standard – Unified technical document) which concerns non-collective sanitation systems for individual houses. This standard indicates that the installation must be done 3 meters from any neighboring boundary or more than 5 meters from any ground structure, or even more than 35 meters from a water catchment.
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But the Court of Cassation already ruled in June 2021 that the DTUs were only standards, not to be confused with the rules of the art. It is not because the standards are not respected that the rules of the art are not, she felt, and their respect can only be demanded if it is agreed in advance. She adds this time that compliance with the standard cannot be demanded of a third party.
(Cass. Civ 3, 18.1.2023, Q 21-25.098).
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