Short answer. No. Article 683 of the Civil Code expressly permits factories and shops to operate, provided they are subject to zoning, health, police and other laws and regulations, and cause the least possible annoyance to the neighborhood. Their mere existence does not make them a nuisance.

What the law says

factories and shops may be maintained provided the least possible annoyance is caused to the neighborhood

Civil Code, Article 683 — Factories And Shops Permitted. Read the full provision →

The law permits factories and shops — with conditions

Article 683 of the Civil Code recognizes the legitimate existence of factories and shops near residential or mixed-use areas. The Civil Code does not treat industrial or commercial activity as inherently problematic. Instead, it frames permission around conduct: the facility may operate, but it must comply with applicable zoning, health, and police regulations, and it must cause the least possible annoyance to the neighborhood. The question is never whether a factory or shop exists, but whether it is operated in a way that minimizes the burden on those living or working nearby.

What the least possible annoyance standard requires

The phrase "least possible annoyance" is an obligation on the operator, not a guarantee to neighbors that they will be undisturbed. It means the operator must take reasonable steps to reduce noise, odor, smoke, vibration, and other disturbances to the minimum achievable given the nature of the operation. A metalworks shop cannot eliminate all noise, but it must not operate at hours or volumes that go beyond what is necessary. A food-processing plant generates odors, but proper ventilation and timing can reduce their impact on neighbors. The standard is proportional to what is technically and operationally feasible.

Zoning and other regulations set the outer limits

Article 683 expressly subjects factories and shops to zoning, health, police and other laws and regulations. This means national and local government rules on land use, environmental standards, occupational health and safety, noise control, and similar matters all apply. A factory that complies with Article 683's conduct standard but violates a local zoning ordinance that prohibits heavy industry in a residential area is still acting unlawfully. Compliance with Article 683 is a necessary condition for lawful operation, but it does not override other applicable regulatory requirements.

When a factory or shop becomes actionable

A facility that goes beyond the least-possible-annoyance standard — generating excessive noise at unreasonable hours, releasing harmful substances, or otherwise creating disturbances that exceed what the operation legitimately requires — may cross into nuisance territory under the Civil Code's broader provisions. At that point, neighbors have legal remedies. If you are a neighbor affected by a factory or shop, document the specific disturbances carefully: times, durations, measurements if available, and the impact on your property or health. This evidence supports a complaint to local authorities or a civil action, depending on the severity and persistence of the problem.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.