Short answer. No. Article 678 of the Civil Code prohibits building dangerous or noxious structures without observing required distances and protective works — and then explicitly provides that these prohibitions cannot be altered or renounced by any agreement between adjoining landowners. This is a public-safety rule the parties cannot contract away.
What the law says
These prohibitions cannot be altered or renounced by stipulation on the part of the adjoining proprietors.
Civil Code, Article 678 — Dangerous Or Noxious Works. Read the full provision →
What Article 678 prohibits
The Civil Code lists a range of structures that are dangerous or noxious by nature: aqueducts, wells, sewers, furnaces, forges, chimneys, stables, depositories of corrosive substances, machinery, or factories whose products make them hazardous. Before any of these can be built, the owner must observe the distances prescribed by the regulations and customs of the place and construct whatever protective works the regulations require. The local ordinance, zoning rules, or custom of the area determines the specific distances — the Civil Code sets the obligation, not the number.
Why the neighbors cannot agree to waive this
Article 678 contains an unusually explicit sentence: These prohibitions cannot be altered or renounced by stipulation on the part of the adjoining proprietors. This is not a rule that protects only the neighbors — it is a rule that protects the broader community and even future owners. A signed agreement between neighbors today binds only the parties who signed, but the danger from a factory or furnace affects everyone in range and persists long after the original parties are gone. The law removes the temptation to trade safety for convenience.
What applies when there are no regulations
In areas where there are no local regulations specifying exact distances, the rule shifts to a general-precaution standard: such precautions shall be taken as may be considered necessary, in order to avoid any damage to the neighboring lands or tenements. The absence of a specific number does not create a loophole — it creates a flexible duty of care. If you suffer damage from a nearby factory or noxious facility, this baseline duty exists even where formal regulations do not.
Practical implications
If a factory owner asks you to sign a document waiving distance requirements or acknowledging you have no objection to a nearby hazardous structure, that document has no legal effect under Article 678. Your consent cannot legalize what the law forbids. Conversely, if you are planning to build something that falls into these categories, check local ordinances, environmental permits, and zoning clearances — the civil-code obligation sits alongside, not in place of, those administrative requirements.