Neighbors are noisy - what to do and where to go if this happens at night after 23:00, where to call in case of disturbance and what law will tell about this?

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Published: 09/21/2016

Reading time: 8 min

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Home is a place where you can sleep, relax and spend time with your family. To prevent strangers from disturbing you, just turn off the telephone, intercom and doorbell. Unfortunately, it is impossible to isolate yourself from the noise when neighbors play the piano, shout and swear loudly, or watch TV.

If such situations occur regularly, immediate action must be taken.

What is considered noise?
Ways to solve the problem
How to complain about a neighbor to a local police officer?
Where else can you complain about noisy neighbors?
Examples of solving the question Situation 1
Situation 2

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.

Procedure for going to court

Filing a lawsuit is a way to achieve silence when other measures have not worked .

It is used in cases of serious violations and when none of the above authorities can cope with the behavior of neighbors.

This method of resolving a conflict is acceptable when there is a hangout , fights , or parties gather. You can file an individual or class action in court.

But a class action lawsuit is a more effective measure.

The document indicates the circumstances of the case, the fact of violation of specific laws and what consequences this led to.

Be sure to describe the process of interaction on this issue with police . At the end of the document they state their own requirements .

The statement of claim consistently states:

Information about the plaintiff and defendant (full name, addresses),
A description of the circumstances of the case, indicating which specific laws the neighbors are violating,
A request for compensation for moral damages indicating a specific amount. If damage to health is caused as a result of the actions of neighbors, the amount of treatment expenses is added to the amount of the claim,
List of attached supporting documents.

Attached to the claim:

copies of statements to the police,
results of inspection and examination reports confirming the excess noise level (sanitary report drawn up by an accredited specialist of Rospotrebnadzor
certificates of police calls,
photo and video materials,
witness's testimonies,
certificates from medical institutions,
expert opinion on causing material damage.

A lawsuit is filed only if there are unsuccessful attempts to contact the police, Rospotrebnadzor, or the Housing Inspectorate.

Without documents confirming contacts with these organizations, it is almost impossible .

An example of a claim against a neighbor for compensation for damages caused.

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.

Where to complain?

Conflict resolution begins with an attempt to reach an agreement peacefully . You can try to calm your neighbors down with a warning conversation.

During negotiations, you should not shout, use foul language or use physical force. Then there is a risk of turning from the category of victims into a troublemaker for other residents.

Call the police

Calling the police is the first action after failed peace negotiations. almost impossible to get a squad to arrive during the day .

But noise at night is a direct violation to which the police are obliged to respond .

A police squad records an offense if the noise from neighbors has not yet stopped.

If by the time the squad arrives, the silence breakers have calmed down, the police must also draw up a report on the citizens’ application.

In this case, you will need to provide evidence of an administrative offense: the presence of noise must be confirmed by neighbors who also heard the noise.

You need to call the police squad by calling the duty station whenever there is a violation of the silence by neighbors.

The number of recorded calls to a task force directly affects the outcome of conflict resolution.

Sample of a collective complaint to the police about noisy neighbors.

What evidence can be collected before the police arrive?

Authorities are reluctant to deal with cases related to disputes between neighbors, so you should carefully prepare .

The following is used as proof of violation of silence:

recording on a voice recorder or video camera moments of breaking the silence and peace negotiations that were conducted independently,
photographs of traces of a hectic pastime or renovations in the neighbors’ apartment: crumbling plaster, cracks in the walls and ceiling,
installing CCTV cameras at the entrance and using recordings from them.

Read our article about the ban on smoking in the entrances of residential buildings.

To learn what to do with noisy neighbors, watch the video:

Application to the prosecutor's office

The functions of the state prosecutor's office do not include the analysis of conflicts between neighbors.

But you can complain to this authority when police officers do not respond to citizens’ statements.

To resolve the issue, they write a statement , attach the numbers of complaints to the police and describe the results of these complaints.

An application to the prosecutor's office must contain contact information (full name of the applicant, telephone number, residential address), since employees of this organization do not respond to anonymous complaints.

Appeal to Rospotrebnadzor and the Administrative Commission

When raging neighbors do not calm down even after visits from the police, they additionally send a collective appeal to the city administrative commission .

The combined actions of several government bodies can produce positive results.

When noise in a neighbor’s apartment is associated with endless repairs, a complaint to Rospotrebnadzor .

Employees of the organization create a special commission and measure noise levels . If there are violations, noisy apartment residents are issued an official order .

Any application to law enforcement agencies or regulatory organizations is prepared in two copies and receives a date stamp and the signature of the responsible officer.

When going to court or the prosecutor's office, a document without a signature will not be valid . If employees refuse to sign, the application is sent by registered mail with notification .

The postal stamp will serve as confirmation of acceptance of the document by a certain authority.

Download sample applications for noisy neighbors to the Criminal Code, to the local police officer, to the housing inspectorate, to the prosecutor's office, to Rospotrebnadzor.

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.

What to do if the neighboring apartment is undergoing continuous renovation

Even if residents are engaged in landscaping the apartment during strictly permitted hours, there are several nuances that must be taken into account. For example:

the maximum repair period should not exceed 3 months, construction work - six months;
It is allowed to carry out such work in Moscow from 09:00 in the morning to 19:00 in the evening, with a mandatory two-hour break (from 13:00 to 15:00);
work is prohibited on holidays and Sundays, the only exception is if less than 18 months have passed since the building was put into operation.

If we are talking about redevelopment of an apartment, a permit must be obtained for the work, which specifies the deadline for completion. For the capital, the maximum time allotted for redevelopment is 4 months.

If neighbors comply with all the requirements listed above, it will not be possible to hold them accountable. All you have to do is be patient.

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.

What to do if neighbors continue to make noise despite persuasion

In any case, solving the problem begins with peaceful dialogue.
Some neighbors may not be aware that noise restrictions are in effect or may simply not realize that they are causing a nuisance to other residents. In situations where peaceful conversations end in vain, it is necessary to contact the police. The arriving squad is guaranteed to stop the riots and bring some sense to the restless residents. In addition, you can contact the district administration or Rospotrebnadzor. If the noise in a neighboring apartment is repeated regularly, it makes sense to contact the local police officer with a collective complaint.

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 go if neighbors are noisy at night

Let's consider several effective ways to combat those who like to stay awake at night.

We involve law enforcement agencies

In the event that it was not possible to reach an agreement, and the people living behind the wall were simply rude to you and closed the door, then you can already resort to more radical measures. If your neighbors are noisy at night, and you don’t know where exactly to call, then dial 02. The dispatcher will answer the call, and a police squad will come to you.

On the first call, those who like to make noise will get off with a verbal reprimand, but if they call again, the violators will face a fine.

We contact the local police officer

For those rowdy people who do not respond to nightly visits from the police, we advise you to write a statement to the local police officer. After this, he will periodically check their apartment, which will significantly ease the current situation and reduce the number of calls to the police.

If a personal visit to the district police officer is not possible, then you can send your application by mail.

Let's go to court

If all methods have been exhausted, and you do not know how to punish the neighbors above for noise, then the last resort remains - the court.

Unsplash

It should be noted that such measures should not be resorted to if a child runs around in the apartment above at night or a dog periodically barks. The court will help you if there are constantly fights or loud, prolonged parties in the premises.

Grounds for winning a case in court

Support for witnesses who are also dissatisfied with the behavior of certain residents. By filing a class action lawsuit, its consideration will proceed faster.
Written confirmation from the district police officer about the inspection of the apartment about which complaints were received.
Video and audio materials in which sounds exceeding the permissible nighttime limit are clearly audible.
The conclusion of Rospotrebnadzor, according to which the noise level does not meet acceptable standards. It is worth noting that there is a fee for calling specialists from this department. And the costs will most likely fall on you as the plaintiff.

We contact the apartment owners

If you know that the apartment is for rent, then contact the owners and ask them to talk to the tenants. If the owner declines all responsibility and the constant noise does not stop, you can threaten the tax office.

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.

There is no need to take the matter to court

There is always the possibility of reaching an agreement peacefully. Some people are simply unaware of time limits. Also, if there are small children in the neighboring apartments and they need to sleep during the day, or people working night shifts, you can agree with the builders to provide 2-3 hours of silence during lunch.

Punishment for those who break silence. For those who constantly disturb the peace, the law provides, although not a very severe punishment, but rather unpleasant consequences. If it is established that the law has nevertheless been violated, the district police officer is obliged to draw up a protocol and then submit it to the court. Where a decision will subsequently be made against the violator and a fine will be determined.

The approximate amount of fines determined by law for noise caused:

from 500 to 2000 rub. – for citizens;
1000 - 5000 rub. – for officials;
3000 - 7000 rub. - for legal entities.

Constant noise from a neighboring apartment is quite unpleasant and annoying, but it can be dealt with. It is enough to know the law, your rights and try to do everything for a peace treaty with your neighbors.

What does the law say?

First of all, the right to silence for a citizen of the Russian Federation is determined by Federal Law No. 52 of March 30, 1999 “On the sanitary and epidemiological welfare of the population.”

Since, in general, there is no single law in the country that clearly stipulates this problem, many regions adopt their own regulations on this topic. Thus, on the territory of Moscow, Law No. 42 of December 14, 2002 “On maintaining the peace of citizens and silence in the city of Moscow” (hours of silence) is in force.

In addition, the necessary information can be gleaned from:

Government Decree No. 25 of January 21, 2006 “On approval of the Rules for the use of residential premises.”
SanPiNa No. 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises.”

The stomping of neighbors from above: how to fight according to the law

If the words are not understood by the citizens living above, it will not be possible to resolve the problem peacefully. It remains to resolve the question of what to do if the neighbors are stomping upstairs, and where to complain.

Our country is a rule of law state. Every citizen is obliged to comply with certain laws and regulations. Let's figure out what to do according to the law in 2021 for those suffering from upstairs neighbors, where to complain. There are several official authorities where you can turn when neighbors stomp loudly and drop objects on the floor all day and night:

Rospotrebnadzor;
police;
prosecutor's office

Rospotrebnadzor

The floor above you rumbles. A neighbor's kid drops things and rolls metal balls on the floor after major repairs. Try to negotiate additional soundproofing with your neighbors. Sometimes residents above do not want to hear or respond to requests. You are annoyed by the 24/7 clatter of your neighbors upstairs, and you don’t know how to fight it legally.

Bricks in the apartment

Contact Rospotrebnadzor. Most likely, when installing the screed, the neighbor above violated sound insulation standards. For example, laminate is laid on a concrete base without a backing. Order a sanitary and epidemiological examination. Of course, you will have to pay a lot of money. The cost of the examination starts from 10,000 rubles. How to measure:

The technical characteristics of the premises are assessed.
Sound signals from the street are measured.
The room is inspected for the presence of air conditioners and forced ventilation.
The frequency of the background sound when household appliances are running is estimated.
Measurements are taken around the clock, it all depends on the client’s wishes.
A couple of days - and the conclusion is in hand.

During the daytime

If it is confirmed that the noise level of the apartment is above the norm, the insulation of the impact noise floor is below the norm, feel free to file a lawsuit against the neighbor above.

Previous experience shows that the decision is in favor of the plaintiff. The upstairs neighbor is required to redo the floor structure and will have to pay at his own expense. He is also being charged legal costs.

Responsibility

Any violation of the law entails liability. In this case, law enforcement agencies draw up a protocol for violations of the law, which is then submitted to the court. The court, in turn, makes a decision on administrative liability and sets the amount of the fine.

Fine amounts:

For individuals, fines of up to 2,000 rubles are provided;
For officials this amount will be up to 5,000 rubles;
For legal entities and organizations up to 7,000 rubles.

In some Subjects of the Federation these figures are indexed upward.

Cases with uncooperative neighbors

Listening to music for a long time and loudly can be negatively perceived by neighbors, because at this time a small child may fall asleep behind the wall, a worker may come back from a hard shift, or an elderly person who often has problems sleeping may be trying to sleep. Extraneous sounds do not contribute to a positive attitude.

The first action on the part of the victims is an attempt to come to an agreement “in an amicable way.” However, not all violators make contact; simple human requests are often ignored.

You need to know that the noise level (even during the day during the permissible time) is limited to 40 decibels, with a permissible excess of 5 decibels in some cases. This is enshrined in the administrative documents. Local laws can be obtained from the administrative portal or from a local lawyer.
Involve the police in resolving the issue, since this issue is within their competence.
The country's Constitution and the Housing Code are on the side of the victims.

Important! Housing Code in Article 30. directly states: The owner of a residential premises is obliged to maintain this premises in proper condition, preventing mismanagement of it, and to respect the rights and legitimate interests of neighbors.

The Constitution guarantees a safe living environment. Violation of the law leads to punishment of the perpetrators. This can be done through the court, having received strong evidence.

In the judicial practice of the Russian Federation, there are several dozen precedents in which negligent tenants were evicted from an apartment. This is easier to do if the housing is not privatized. Cases took place in Sverdlovsk, Tomsk and other regions. These arguments can have a positive impact on offenders.

What kind of noise is unacceptable after 22-23 hours?

During weekdays

At night on weekdays it is prohibited:

use sound-reproducing and sound-amplifying devices;
listen to music and TV loudly;
play musical instruments;
shout, whistle, sing, talk loudly;
move furniture and other objects;
carry out repair work;
launch pyrotechnics;
do not suppress the noise of pets;
Do not follow the car alarm.

Important! In Moscow, any noisy activities that could interfere with the rest of citizens are prohibited.

On weekends

At night on weekends the same rules apply as on weekdays.
In some regions, “night time” on weekends begins a little earlier, for example, in the Moscow region at ten in the evening, on weekdays at eleven.

In addition, on official holidays, you can make noise until twelve o’clock at night, and on New Year’s until four o’clock in the morning.

Collecting evidence

To hold your neighbors accountable, you will need evidence of the noise they make. Unfortunately, testimony alone is not enough here, although they are also necessary.

Types of evidence:

Voice recording. The ideal option would be to make a voice recorder not only in the apartment, but also on the landing;
Recording from CCTV cameras (if they are installed at the entrance);
Photos;
Testimony from neighbors.

Conducting an independent examination

An independent expert can be hired to prove that permissible noise standards are exceeded. His conclusion will be indisputable evidence that no one can challenge even in court.

Note! Such a specialist must have the appropriate license. Be sure to ask to show it to you before starting any work.

The same applies to the equipment he uses. The device used for measurements must be certified and included in the appropriate list of accredited devices for such studies. Otherwise, the act drawn up based on the results obtained will not have legal force.

The drawn up report must reflect the date and time of noise level measurements, indicate the equipment used, and record the results obtained as a result of the measurements.

When carrying out measurements, there must be witnesses present who confirm the correctness of the work and the accuracy of the information entered in the report. The details of witnesses are also indicated in the report.

How can you tell if your neighbors are really noisy?

There are official maximum noise standards, which are stipulated in the Decree of the Government of the Russian Federation No. 47 of January 28, 2006 “On approval of the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction”:

During the daytime, fifty-five decibels.
At night, forty-five decibels.

As practice shows, noise of sixty decibels is truly punished; it is this level of sound that is perceived by our ears as strong.

For many, the figure of sixty decibels does not mean anything, so we can compare it with sounds familiar to everyone and their approximate noise level:

whisper, clock – 30 decibels;
calm conversation – 40 decibels;
passing passenger car – 60 decibels;
scream, vacuum cleaner, crying of a child – 80 decibels;
hammer drill - 90 decibels;
jackhammer - 120 decibels.