A period of silence. Repair work is a law of silence.

When are neighbors prohibited from making noise?

First, let's figure out what is considered noise. According to the law, noise is sounds whose volume exceeds the norms established by law. Noise standards are enshrined in SanPiN 2.1.2.2645-10:

• 30 dB – at night;
• 55 dCb – during the daytime.

Now you need to determine what is considered daytime and what is considered night time. There is no federal law on silence on the territory of the Russian Federation. There is only Federal Law No. 52-FZ of 1999, which establishes the need to maintain comfortable sanitary and epidemiological conditions for residential premises.

The right to establish punitive measures to ensure the sanitary and epidemiological well-being of citizens is vested in the regions. Therefore, periods of silence vary from region to region.

For example, in Moscow, daytime is considered to be the periods from 07.00 to 13.00 and from 15.00 to 23.00. This rule did not apply to new buildings for 1.5 years from the date of delivery of the house.

However, during the pandemic, the mayor of Moscow designated only four hours for noise and repairs during the day: from 9 to 11 a.m. and from 5 to 7 p.m. This rule also applies to new buildings.

Responsibility and consequences

Failure to maintain silence is a violation of sanitary and epidemiological requirements, for which liability is provided under Articles 6.3 and 6.4 of the Code of Administrative Offenses of the Russian Federation.
Article 6.3 of the Code of Administrative Offenses is a violation of legislation in the field of ensuring the sanitary and epidemiological well-being of the population. The fine for individuals, in accordance with this article, will range from 100 to 500 rubles.

Article 6.4 of the Administrative Code - violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport will entail liability in the form of an administrative fine for individuals in the amount of 500 to 1,000 rubles.

Remember that making noise is prohibited not only in apartments, but also in entrances, courtyards, near kindergartens, boarding schools, hospitals, on the territory of sanatoriums, hotels and hostels. The quiet law is also violated by car alarms or loud music in the car, driving with a sports muffler, fireworks and noisy construction work.

How can you tell if your neighbors are really noisy?

In order to hold neighbors accountable, it is necessary to determine that they are violating the permissible noise level. For this you can use:

1. Approximate guidelines. For example, normal human speech is 40 dB. And loud conversation is already 70.
2. Using the application - sound meter. Such applications can be found for smartphones based on IOS or Android. They can be installed on your phone and used for free. But they have no evidentiary value.
3. Special household noise meters. They can be ordered in online stores for a very reasonable price. But their result is also not evidence in court.
4. Volume measurements from specialized companies. In this case, the customer receives a report indicating the level of noise excess. This is an official document that will be accepted by the police and the court. But the cost of the procedure in 2021 is 10,000 rubles. – in the daytime and 15,000 rub. - at night.

Noise level

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Where should I go if my neighbors’ children are constantly crying, making noise, or running around?

Where to turn if neighbors are noisy?

In 2021, if your neighbors are making noise, you need to contact the police. This is the only government body that is authorized to resolve the conflict. The following options are possible:

1. If a group of people has gathered at the entrance, they are drinking alcohol, listening to music, or making noise, then you need to call 02 and call for a squad.
   Unfortunately, the result is not guaranteed. Noise at the entrance has a low priority, and the number of vehicles on duty is limited. Therefore, if at the time of the call a signal is received that a crime or offense has been committed, the squad will go there. And by the time it comes time for a noisy call, the drunk company may already have dispersed.
2. If neighbors make noise in their apartment regularly. In such a situation, you need to write a statement to the district police officer.

Before contacting the local police officer, you need to talk to the violators yourself and clarify that the noise being emitted is included in the list of violations.

For example, at night it is prohibited:

• sing;
• play musical instruments;
• make repairs using tools (drill, hammer drill, hammer);
• listen to music through speakers;
• shout, whistle;
• explode firecrackers and fireworks.

Note! You cannot be held responsible for snoring, the noise of children and other sounds that are made as a result of life activities.

Are you tired of reading? We’ll tell you over the phone and answer your questions.

How to file a complaint with the police?

A complaint to the police can be made as follows:

1. By phone.
   The message can be sent by calling the duty station or by calling 02. When calling from a mobile phone, you need to dial 002 or 112. Please note! All calls to number 02 are recorded. Therefore, it is better to convey information through it.
2. In person. The district police officer has visiting days when he communicates with citizens and accepts applications. You can find out information about the address of the local police station and reception hours at the duty station.
3. By letter. You can send a message in writing. To do this, an application is drawn up and sent by registered mail with acknowledgment of delivery. The application will be registered and the applicant will receive a written response within 30 days.
4. Through electronic reception. The electronic reception is posted on the website of the regional police department.

Regardless of the chosen method, the applicant must provide his data. Because the police do not consider anonymous reports.

Contents and sample application

When drawing up a written application, you must include the following information:

• name of the department of the Ministry of Internal Affairs, details of the head;
• information about the applicant;
• title of the application;
• information about the incident;
• neighbor data;
• dates and times when neighbors made noise;
• request for action;
• date and signature.

Sample application

Consultation on document preparation

So, if you submit an application to the district police officer, he will visit the neighbors and conduct a conversation. And if you call a police force during a period of noise, then an administrative violation report will be drawn up against your neighbors, and they will be held accountable. But the fine ranges from 500 rubles. – in the first case, up to 2,000 rubles. – in case of repeated violation.

Note! There is no certainty that the district police officer will not inform neighbors of the information of the citizen who filed the complaint. Therefore, it is necessary to resort to filing a statement with the police only in a situation if you are ready for open confrontation with your neighbors.

Going to court

If contacting the police and administrative liability does not help, you must go to court. The following claims options are provided:

1. Eviction from an apartment of citizens who occupy an apartment under a social tenancy agreement.
   As judicial practice shows, there is an opportunity to evict a noisy neighbor, but it is very elusive. When evicting a neighbor living under a social rental agreement, you must write a complaint to the district administration, which provided him with an apartment under the agreement. But the fact that a citizen violates the rights of neighbors with noise is not enough. It is necessary that he lead an immoral lifestyle and not pay for utilities. Taken together, such violations will be sufficient for eviction. Only the district administration can initiate the process.
2. Eviction from the owner's apartment.
   When an owner evicts, the situation is even more complicated. The law provides for a procedure: it is necessary to go to court, which can evict the owner and put the apartment up for auction. The proceeds from the sale are transferred to the owner, excluding the costs of conducting the auction. In judicial practice, there are isolated cases where noisy neighbor-owners were evicted. But this is possible not based on the complaint of one neighbor, but based on a collective complaint from all residents of the entrance presented to the district administration. In this case, the head of the administration must act as a plaintiff in court.
3. Recovery of compensation for moral damage. In Russian judicial practice there are no cases of recovery of a significant amount of moral damage. Therefore, most claims against noisy neighbors remain unsatisfied even with a significant evidence base. Usually the court sets compensation for moral damage in the amount of 500 rubles. up to 3,000 rub.

Sample statement of claim

Sample claim

Consultation on document preparation

What to do in cases of constant non-compliance with the concept of “quiet hour” by neighbors?

Of course, no person can endure the sounds of noise on a permanent basis. This situation, at best, can lead to headaches.

Victims should:

• record this fact in a medical institution;
• apply to the court with a statement addressed to the offender;
• provide evidence that it was the noise of neighbors that led to physical deterioration.

In this case, the defendant will have to pay not only a fine for violating the hours of silence, but also fully pay all the financial costs of the applicant to restore his health.

It’s rare, but you still meet completely reckless people. They are most often referred to as “without a king in their head.” They are completely indifferent to all fines and applicable sanctions.

If your neighbor belongs to this category, then you should write, together with other residents of the apartment building, an application to the court, with a request to consider the case on the possibility of eviction of the offender.

You should also remember that this is an extreme measure and you should not resort to it if a person has an emergency in the apartment (a faucet burst or a heating pipe burst).

Life situations

Each noise situation is different. Therefore, it is necessary to consider what to do in certain life situations.

The neighbors do repairs with a drill every day

The law does not prohibit repairs in the apartment during the daytime. Therefore, the noise of a drill, even if it occurs daily, is not a violation of the law.

You cannot use a drill:

• on weekends and holidays;
• at night;
• more than 6 hours in a row;
• during a period of silence (if established by regional legislation).

Therefore, if your neighbors use a drill every day, but at the permitted time, you cannot file a complaint against them.

The neighbors' washing machine, hood, and refrigerator are loud

Loud noise from household appliances, including at night, is not a violation. It will not be possible to hold neighbors accountable for using a washing machine or hood at night or on the weekend.

If the sound insulation in the house is poor, then the noise from household appliances can actually be reflected more strongly. In such a situation, it is necessary to go to court with a claim to force the neighbors to correct the sound insulation.

However, in similar situations, different courts made different decisions. Therefore, the result in case of going to court is also not guaranteed.

The neighbors dog is barking

Dog barking is also included in the list of prohibited loud noises at night, weekends and holidays. The owner of the animal is obliged to teach it proper behavior in an apartment building.

In case of barking at night, it is necessary to call the local police officer the next day to draw up an administrative protocol and bring the animal’s owner to justice. The testimony of neighbors must be used as evidence. If they explain that a dog barks at night regularly, then most likely an administrative fine will be imposed on the owner of the animal.

The neighbors are noisy - drunks

Neighbors who are alcoholics can ruin your life for a long time. Unfortunately, there are no legal methods of dealing with such citizens. If neighbors refuse to stop making noise voluntarily, then the police must be called.

In practice, the police stop responding to calls, knowing the address of the rowdies. Therefore, in the daytime, upon application, a district police officer is sent, who can draw up an administrative protocol, but violators - alcoholics - still do not pay fines.

If all the neighbors agree to write a collective complaint to the district administration, then you can try to raise the issue of eviction.

The neighbors' children are noisy

The noise of children during the day and at night is not a type of noise for which one can be held liable. Therefore, calling the police as a violation of silence laws is useless.

However, it is necessary to find out why children make noise:

1. If preschool children are often left alone in the evening and at night, this is grounds for filing an application with the guardianship authorities. Specialists will check the family to ensure that children are not left alone.
2. If the noise consists of shouting at a child and a child crying, you need to call the police. The child may be experiencing domestic violence.

As a rule, increased vigilance of neighbors leads to a decrease in noise in neighboring apartments.

Neighbors sing songs at night

Singing and playing musical instruments at night, on weekends and holidays is prohibited. During the daytime, you can sing only within the limits established by law.

For example, the Nyagan City Court decided to evict a resident of Khanty-Mansi Autonomous Okrug from his apartment because he listened to music loudly at night. The apartment was sold at auction, and the funds were transferred to the violator, minus the costs of the auction.

The neighbors are noisy in the entrance

The entrance belongs to common property. If teenagers gather at the entrance and make noise, then you need to call the police. In this situation, the chances of success are greater than when calling to the apartment.

The essence of the Silence Law

A resident of a big city is forced to cope with background noise and solve the problem of excessive sound volume at work, in shops and on public transport.
Therefore, the city dweller hopes for silence at least at home, in order to be able to recuperate in a healthy environment. The variety of sources of disturbance was one of the prerequisites for the adoption of the Law on Noise and Silence 2021. It is based on the idea of ​​safe sound volume for humans, that is, sound pressure measured in decibels (dB). The normal noise level for a residential area is 40 dB during the day (with a maximum increase of 15 units) and 30 dB at night (exceeding this level is prohibited).

The requirements for the night and daytime periods differ, because hearing is the main way of perceiving the outside world during sleep, and in connection with this, the body’s susceptibility to sounds increases by 10-15 decibels, and this leads to the fact that noise outside the norm interferes with good sleep.

The Law on Silence in the Apartment 2021 has also become necessary because regularly exceeding the permissible volume level of up to 70 dB practically guarantees health problems (accumulated stress, headaches, sleep problems and other consequences of nervous exhaustion). Sometimes the situation forces residents to look for somewhere to get away from their own home in order to avoid constant noise.

Noise is a significant excess of the acceptable sound level.

In a residential area, its sources can be:

• sounds of passing traffic;
• listening to or playing music; TV;
• humming of electrical appliances (for example, washing machine, refrigerator);
• sounds made by pets;
• repair or rearrangement of furniture; loading and unloading large items;
• noise from urban industrial enterprises;
• disturbance of silence by night entertainment venues.

One of the noisiest events in an apartment building is renovation. The Law on Silence in the Russian Federation 2021 determines the time for carrying out repair work.

Another common cause of neighborly disputes is the noise made by pets - loud meowing or barking. In this case, it is better to contact the management company with a complaint.

What to do if neighbors complain about noise?

If neighbors complain about noise from your apartment, then you need to negotiate with them peacefully. To do this you need:

1. Go into their apartment to check their audibility. If the sounds are really loud, you need to deal with sound insulation. A popular problem is the lack of a substrate under the laminate and the installation of chipboard on a concrete screed without a gap to the walls.
2. If a neighbor exaggerates the level of the problem, then you will have to wait for all kinds of checks. But, if there are no violations, then there is nothing to be afraid of.

Lawyer's answers to private questions

The neighbor listens to music during the day. In my apartment the windows are rattling and everything is shaking. How to influence this disgrace?

File a complaint with the local police officer. Although you can listen to music during the day, the volume level should not disturb your neighbors.

The neighbors turn on the washing machine every evening. I can hear the machine hum and beep at the end of the wash cycle at night. What should I do?

Try talking to your neighbors. If the conversation does not yield results, involve the local police officer.

The apartment above belongs to a child who is now in an orphanage. Now his brother lives there. He gathers companies, they flooded us repeatedly and every night there is music and noise.

In this situation, the tenant is not the owner or tenant. Contact the police and district administration to evict him.

Procedure for violating the Silence Law

To combat people disturbing the peace of residents of an apartment building, the following are used (in the specified sequence):

• personal conversation with neighbors;
• contacting the police and receiving a statement from the local police officer;
• contacting the management company;
• sending a complaint to Rospotrebnadzor;
• filing a lawsuit.

If you cannot cope with noisy neighbors or are bothered by noise from the street, then contact the Bar Association No. 1, whose lawyers are guaranteed to help you cope with these problems.