Causes of noise from a neighboring apartment
The causes of noise can be completely different:
- Loud music.
- Repair work.
- Screams.
- Whistling.
- Singing.
- Playing musical instruments.
- Loud knocking, rustling, grinding.
It is necessary to distinguish between systematic noises, which can be generated by people or equipment at any time of the day, and loud sounds at night. The legal difference between them is that systematic noise is a violation of sanitary standards, and loud noises at night are a violation of administrative legislation.
Accordingly, neighbors need to act depending on the specific situation. Questions about regular violation of silence by devices and citizens during construction and road work, as a result of the activities of public catering organizations, the functioning of public transport, etc. fall within the competence of Rospotrebnadzor.
As for sharp sounds made at night (loud music, screams, whistling, singing, the use of pyrotechnics, repairs at neighbors' houses, etc.), these are offenses that police officers have the right to record. As for the consideration of cases of administrative offenses, the powers are vested either with internal affairs officers or administrative commissions.
How to write a report against offenders
An application for offenders can be submitted to the district police officer or the district police department. Usually it is drawn up in writing independently, but sometimes the employee draws up everything himself, and the applicant only needs to put his signature.
In the upper right corner you must indicate the coordinates of the person for whom the application is being submitted. Information about the applicant should also be recorded. These include full name and address.
In the center you need to write “Application”. Then you should describe the problem in detail. It is advisable to do this with a description of dates and hours. If neighbors were involved in solving the problem, then this fact is also recorded.
After presenting the problem, the need for action should be indicated. At the end you need to put a date and signature.
When an application is submitted, the district police officer records its acceptance in the journal. You must take your registration receipt with you. The application is considered from 3 days to a month. During this period, the issue with the offenders must be completely resolved.
How to measure noise level
To measure noise, special instruments called sound level meters are used. Noise can also be measured using special computer programs. Today there are even mobile phone apps that measure noise levels. Measurements made by non-professionals can only indicate that the noise level is exceeded, but the readings of such devices cannot serve as evidence in court.
If the noise in an apartment is systematically excessive, its residents need to seek professional help from specialists from Rospotrebnadzor (it is this authority that is empowered to monitor compliance with sanitary standards and rules).
Rospotrebnadzor specialists will measure the noise in the apartment, indicate the location of its source and draw up a competent conclusion, which can be used in the future when contacting law enforcement agencies or the court.
How to ensure silence at the appointed time
You can convey to the perpetrators of the noise that they are wrong in various legal ways. Of course, to begin with, it is advisable to try to reach a compromise without involving the authorities. Knowledge of local and federal legislation will help with this:
- Part 4 art. 17 of the Housing Code of the Russian Federation stipulates that the use of housing is carried out in compliance with the rights and legitimate interests of other citizens.
- Part 4 art. 30 of the Housing Code of the Russian Federation requires the owner of the apartment to maintain the housing in proper condition, without violating the rights/interests of neighbors.
- Clause 6 of the Rules for the Use of Residential Premises, approved by Decree of the Government of the Russian Federation of January 21, 2006 No. 25, requires residents to comply with sanitary and hygienic standards of legislation.
- Part 3 art. 17 of the Constitution of the Russian Federation prohibits restricting the rights and freedoms of other persons.
The main argument when drawing up a complaint that the rules for carrying out noisy work have been violated is the restriction of the rights and interests of other residents of the apartment building.
Citizens have many ways to solve the problem: call the police, contact the local police officer, write a statement to the prosecutor's office, Rospotrebnadzor, or to the court.
What noise level is acceptable?
The maximum permissible noise levels during the day and night in residential premises are given in the table in clause 6.3 of Sanitary Standards 2.2.4/2.1.8.562-96. Thus, the noise level during the day should not exceed 55 dB, and at night - 45 dB. If we are talking about hotels and hostels, then the indicators are 60 and 50 dB, respectively.
To make it easier to navigate these figures, you need to know that a clearly audible conversation between neighbors is a noise level of about 40–45 dB. An audible radio or TV is about 50–55 dB.
How to improve relations with neighbors?
When your neighbors are annoying, you can simply find an approach to them. When establishing relationships, you will not need to do anything, for example, contact the police. First, it is important to learn to talk calmly, because you have to deal with them every day. Moreover, then you can help each other out in any everyday situation.
This question worries sociologists and psychologists. When people live in the world, this is immediately visible. Their entrance is always clean and tidy. The surrounding area is also well-groomed. There is always a pleasant atmosphere inside such a house.
What should you do to improve your relationship? Communication is important and should be pleasant. Positive encounters are much better than constant swearing. Therefore, you first need to establish communication with all your neighbors. This applies to people of all ages.
An equally important factor in improving relations is mutual assistance. Each person may have unforeseen situations, and the attentive attitude of another person will help out. Usually everyday problems arise, for example, there is no one to leave a pet or flowers with. The cases may be different, but such help will help improve relations between neighbors.
It is advisable to equip the local area with all amenities. This also applies to the entrance area. If each resident wants to make everything around him better, there are usually no disputes.
When neighbors are not allowed to make noise
In addition to the maximum noise level, in Russian administrative legislation there is a ban on any loud sounds at night.
Night time is usually considered to be the period from 23 to 7 o'clock. During this period it is prohibited:
- listening to loud music, whistling, singing, screaming;
- carrying out construction, repair and other work that produces noise;
- use of pyrotechnics, etc.
However, the range of hours when noise cannot be made is established by regional legislation. And if you can’t make noise anywhere from 11 p.m. to 7 a.m., then additional restrictions may be established in a number of regions.
Thus, making noise may be prohibited during quiet hours - from 13 to 15 hours daily. Additionally, there may be additional restrictions for weekends and holidays. For example, a period of silence on weekends can last from 11 pm to 10 am, etc.
Also, do not forget that in some cases noise at night will be legal. For example, if utility services eliminate an accident, criminal activities are suppressed, etc.
In addition, ordinary human activity is not considered a violation of the legislation on silence. For example, if we are talking about the sound of water, crying children, etc.
The neighbors won't let me do the repairs!!! I don't have the strength anymore!
The question is this.
I got an apartment from my grandmother in a 9-story building in the Moscow region.
There have been no renovations since we received the apartment - toilet and bath with the same plumbing since 1978.
We decided to renovate the kitchen and bathroom with toilet for now.
They knocked off the tile, well, as soon as they knocked it off, it flew off, all this within 1 day!!!! - the neighbor-grandmother was bothering me through the wall - what’s going on, what are you doing there!
We know the law on silence - work daily from 9 to 19 and break from 13-15.
On Saturday from 10-19 and break 13-15. Sunday and holidays - we are closed.
So we hired hard workers to plaster and putty the kitchen and lay the tiles!!!
The only noise was from the grinder, which was used to cut the tiles - and no matter how much it had to be cut, they didn’t cut all of it!
The hard workers, the Slavs, did everything on time, as expected, and we didn’t drill or tap anything!!! This was all 1.5 weeks.
So they said that their neighbors were simply sick of them - this old woman, that she had no life, she wakes up in the morning and is worried that they will start at 9, then some one-legged man from 9!! floors (we are on the 4th) - that he is disabled and cannot rest!
Then my aunt, I came home from my shift and I have a small child, I need to rest!!!
Despite the fact that they smeared the walls and laid tiles!!!
I suspect that someone else is repairing something in the entrance, but everyone knows that our grandmother died and of course we do all this, and no one else. We don’t live in that apartment, naturally we have no idea who’s making noise there.
And yesterday our hard workers finished, before that the neighbor’s grandmother called us with threats, why the hell are we taking SO LONG to do the repairs and all the neighbors will write to the police and go to the housing department! We told her to do whatever you want.
So - next week they will install windows and glass our balcony - I just can’t imagine how these neighbors will react!
This is our first time encountering such a nightmare!
I think they will actually call cops with machine guns - how can we sort this out, how can we prove to the same police, if they come, that we are not making noise during prohibited hours!
Thanks to all.
ADF. About the neighbors - the neighbor's grandmother, the aunt downstairs and the disabled person - they have been living there since the house was built, i.e. 40 years! my grandmother lived there for the same amount of time, and for the last 20 years alone!
for the last 2 years of her life she had trouble hearing and seeing (she was 92 years old), so she sat at home all the time and didn’t even turn on the TV, because she couldn’t see. and she didn’t cook, we went to feed her 3 times every day and cleaned everything up. Dad turned off the gas so that he wouldn't accidentally hit the stove.
Grandma walked and looked after herself around the apartment, she was in her right mind!
So these neighbors wrote a statement against her to the district police officer, so that she could be evicted, because... She’s old, and what if she blows up the house with gas!!!!!!
that's what it's like! so it’s unlikely that the workers are keeping something back…
Py.Sy. so that there was no misunderstanding, we warned these neighbors nearby and under in advance and apologized, wrote the law on the door, apologized again and indicated our phone number. It did not help.
Procedure step by step
So, if neighbors make noise at night or at other times that are considered quiet hours, you need to contact the police. Usually, in order to quickly record the facts of violation of silence, a duty squad is called.
The arriving police will conduct a conversation with noisy neighbors and, if necessary, draw up a report on an administrative violation.
After drawing up the protocol, it is submitted to the administrative commission, which will decide what punishment should be imposed on the offenders.
If noise limits are regularly exceeded during the day, for example, during construction work or the operation of certain equipment, then specialists from Rospotrebnadzor are invited to take noise measurements. The resulting conclusion will be evidence. How to use it is up to the residents themselves. You can file a complaint with Rospotrebnadzor, the prosecutor's office, you can file a lawsuit in court with a demand to oblige neighbors, other citizens or an organization to stop the relevant actions, to recover moral damages, etc.
Where to complain about neighbors
Before complaining somewhere about your neighbors being too noisy, it makes sense to try to negotiate with them peacefully. Often this is enough so that someone else’s repairs do not interfere with your peaceful life.
The first authority to contact in a conflict situation is the police department. It would be better if it was a collective complaint. The statement must describe in detail the essence of the conflict and the impossibility of resolving it peacefully. The district police officer will conduct an appropriate inspection and draw up a protocol, according to which a decision on penalties will be made.
If no action is taken by the district police officer, you should then contact his superiors. You will have to write the application again and attach a copy of the old one. Usually such statements are responded to quickly. But if, despite all the measures taken, the neighbor continues to violate the law, you should go to court.
What threatens violators?
Administrative liability for violating silence is established by regional administrative legislation. On average in Russia, violators of silence at night will face a fine in the range of 1,000–2,000 rubles.
If held accountable for violating sanitary requirements, Rospotrebnadzor employees may impose a fine on the culprit ranging from 500 to 1000 rubles. according to Art. 6.4 Code of Administrative Offenses of the Russian Federation.
So, the procedure for recording violations of silence and bringing violators to administrative or civil liability is spelled out quite clearly in the legislation. However, the amount of fines that violators can expect is insignificant.
Maintaining cleanliness
Many residents have disputes not only about noise, but also about trash. Not all neighbors want to maintain order, but the entrance is a common area where it is important to follow generally accepted rules.
It is necessary to gather all the residents and resolve the cleaning issue. The event can be held by voting. It is important to come to a common decision.
Then you need to draw up a duty schedule, which will be posted in a visible place. It is necessary to determine everything at once so that there are no questions later. This applies to organizing daily cleaning. You will need to buy equipment and cleaning products. This will always be necessary, so you should agree on the material issue.
All houses have their own cleaning procedures. If you hire a cleaner, you will have to pay her. Then you just need to control its work. You can appoint a responsible person, because this will make it easier to organize any events.
Residents may decide to hire a cleaning agency. Their employees perform a wide range of services. Moreover, they use professional tools in their work. When contacting such organizations, it is possible to order high-quality treatment of any room.
A contract must be concluded and the company will provide cleaning services. But then again the material issue is resolved, because such work is not cheap.
It will be quite difficult to do the work yourself, but if you follow the schedule, everything will work out. This needs to be decided at the meeting so that there are no disagreements in the future. We need to convince our neighbors to attend the event.
You should choose a person responsible for cleaning who will resolve all controversial issues. At the meeting, it is necessary to decide on the list of works and their frequency. There may be notices at the entrance as a reminder.
Everyone should be aware of the responsibility for violating the rules. If everything is organized independently, then it is important not to deviate from the decision made. When hiring an employee, you need to supervise the work. Timely cleaning will keep the room clean.
Relationships with neighbors can be different. It is better to resolve everything peacefully. But if they are ineffective, drastic methods will help: contacting the police, the prosecutor's office, the court. Collective complaints are processed even faster. In this case, it is important to persistently solve the problem, and then the offenders will definitely be punished.
Proper repair starts with respect
Successful renovation lies in the professionalism of the participants. If the repairs are carried out by professionals, the noise will not last long and the work will not cause trouble to others.
But if a “self-taught master” gets down to business, then mistakes are possible: the amateur will ditch the main walls and constantly correct his mistakes. Repairs must be carried out according to the project and with the involvement of specialists.
If noisy repairs take a long time, then you can talk with the owner and clarify with him the competence of the hired workers.
When can renovations be done in a new building?
There are some exceptions for renovation work in new buildings. To begin with, it’s worth saying which houses can be considered such. According to the generally accepted rule, a new building is a house that was put into operation no more than a year and a half ago. This is the only criterion.
If you live in such a house, then repairs can begin at 7 am and end at 11 pm, regardless of the day of the week. Making noise is prohibited only at night.
Such noise is allowed only for repairs and other similar work. For example, for redevelopment of housing. It is also important to note that loud noise is prohibited from one to three in the afternoon.
One more nuance - these rules apply only to repair work. However, it is not legally established what is considered repair work.
Who can be held accountable?
The heaviest punishment, up to and including eviction (there have been several such cases in Russian judicial practice), faces persistent violators if they live in an apartment under a social tenancy agreement. But most likely, if you call the local police officer, he will limit himself to a verbal warning or a fine. After visiting your neighbors, he will conduct a preventive educational conversation and collect material for the protocol. The protocol is sent to the court. If a violation is recognized, neighbors face a fine from 500 rubles to several thousand rubles.
