What should I do if a police report was filed against me for noise?

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One of the disadvantages of living in an apartment building is the rowdy tenants who can start a conflict literally out of nowhere. What to do if neighbors complain about noise that doesn’t exist, call the police because of a child’s crying and stomping, knock on the radiator, and don’t allow repairs to be made? Such actions not only spoil your mood - they prevent you from living a full life. It is possible to find justice for complainants, but only if the “law of silence” was actually not violated.

When are noise disturbance complaints justified?

In what cases are the neighbors' indignation and calling the local police officer really justified? The rules for living in apartment buildings are regulated by:

Part 4 of Article 17 of the Housing Code of the Russian Federation;
"Rules for the use of residential premises."

All residents are required to respect each other's interests. The Constitution enshrines the right to privacy (Article 23). You can find out about the permissible noise level by studying:

SanPiN 2.1.2.2645-10;
SN 2.2.4/2.1.8.562-96.

Federal Law No. 52 protects sanitary and epidemiological well-being. During the day, the noise level should not exceed 45-55 decibels , which is equivalent to a normal conversation. Each region has its own norms for the beginning and end of the day. Country average:

on weekdays, daily noise standards are observed from 00 to 21.00 ;
on holidays/weekends – from 10.00 to 22.00.

Exact data can be seen in the regional code of administrative offenses - time may shift forward/backward by an hour. During the day, an additional break is provided for noisy activities - from 13.00 to 15.00 or from 14.00 to 16.00 .

At night, the figure decreases to 30 decibels (maximum threshold - 45 decibels ). Silence must be observed from 21.00 to 8.00 ± 1 hour on weekdays, from 22.00 to 10.00 ± 1 hour on weekends and holidays - the only exception is New Year's Eve, when noise is officially allowed.

We recommend reading: How much noise can neighbors legally make?

Although life cannot pass in complete silence, it is necessary to comply with the prescribed norms - otherwise, neighbors have the right to accuse you of violating the rules of residence and Sanitary Regulations, which is fraught with punishment ( Article 6.4 of the Code of Administrative Offenses of the Russian Federation) . At the first stage, a warning will be issued, then the violator will face an administrative fine of 500 rubles. and higher (in each region the Code of Administrative Violations sets its own figures).

Through the court, neighbors can seek financial compensation for moral damage (if they can prove that it was caused by the defendant). This right is enshrined in Art. 151 Civil Code of the Russian Federation. The consequences of violating the law on silence are extremely unpleasant - not only endless quarrels with other residents of an apartment building, but also material losses. But if your neighbors accuse you unfairly, then it’s worth fighting for your rights.

Permissible noise level for apartment buildings

The maximum noise level in residential buildings is reflected in SanPiN 2.1.2.2645-10. Thus, Appendix No. 3 to this document provides the following standard values:

from 7.00 to 23.00 the noise level in the room should not exceed 40 dBA (acoustic decibel). In this case, the maximum value is 55 dBA,
from 23.00 to 7.00 - this figure should not be higher than 40 dBA. The maximum sound level for this time of day is 45 dBA.

In addition, different regions of the Russian Federation have their own daytime and evening hours, during which it is not allowed to create any noise. For example, according to the Law of the Moscow Region dated 03/07/2014 No. 16/2014-OZ, disturbing the peace of citizens at the following times of the day is not allowed:

before 8.00 and after 21.00 (on weekdays),
before 10.00 and after 22.00 (on weekends).

If the neighbors won't let you do the repairs

Repairs always bring some discomfort, so complaints are received by Rospotrebnadzor and the police with enviable regularity. If neighbors complain, you should make sure that local regulations regarding renovation work have not been violated.

The times when, by law, you can not keep quiet, and the period allowed for repairs, usually do not coincide. Noisy work using a hammer drill, drill, or other tools is permissible from 9.00 to 19.00 with a break of 2 hours (usually from 13.00 to 15.00 ) - these are the national average standards; in the regions they may be different. Only in houses that were commissioned up to one and a half years ago, repairs can be made throughout the day ( from 7.00-8.00 to 22.00-23.00 ). In any case, it is not allowed to carry out work for more than 6 hours without a break and for more than 3 months .

By default, repairs cannot be done at night, as well as on holidays and weekends. The exception is new buildings. Also, restrictions are lifted if the work performed is designed to ensure the safety of people.

Even if all the rules regarding time are followed, it is worth understanding that the tools used (drill, hammer drill) create noise that significantly exceeds the established standards. We will still have to negotiate with the “complainers.”

We recommend reading: How to measure the noise level from neighbors and prove that the neighbors are noisy

First of all, you need to talk to all the residents and find out from them when you can “make noise” without disturbing anyone. You should talk calmly and politely. An argument can be made that any of the residents may need to carry out similar work in the future or they have already been carried out in the recent past - a compromise must be reached. On the day the work is carried out, it would be a good idea to post a notice warning of the period of time when it will be noisy. This will protect “forgetful” residents from complaints.

If the neighbors nevertheless called the police or the local police officer came for a conversation, you should:

point out the lack of evidence (if the complainants did not bother to obtain a conclusion from Rospotrebnadzor about the excess noise level);
say that the time for the work has been agreed upon;
draw the attention of law enforcement officers to the fact that the requirements of the law on silence are met (repairs are carried out on weekdays, at the appointed time).

What did the garnishman come up with so as not to carry around numerous neighbors?

The only hope lies with the local police officer. In theory, after you have written a statement about your neighbor disturbing the peace, and have enlisted the support of your neighbors, you can count on the initiation of a case for an administrative offense. In this case, the fact that the police were called and the neighbors’ confirmation are sufficient grounds for this. Another thing is that it is problematic to force the district police officer to do this.

If you know that the apartment is for rent, then contact the owners and ask them to talk to the tenants. If the owner refuses to talk to you and the noise continues, you can threaten him that you will contact the tax office.

SanPiN 2.1.2.2645-10. According to the “Sanitary and Epidemiological Requirements for Living Conditions in Residential Buildings and Premises,” the noise level in residential premises is limited.

I also paid attention to this remark (yes, the whole entrance is complaining about it), perhaps Auntie simply does not have enough communication.

The fact is that if the decision of the district court is overturned, it will worsen the situation of the offender - a noisy neighbor, and this is prohibited by law. In general, Article 30.17 of the Code of Administrative Offenses of the Russian Federation does not provide for the cancellation of previous decisions due to the leniency of punishment. The conclusion of the deputy chairman of the court: there is no need to cancel the contested decisions.

And they woke us up. When the police arrived, we asked what time the call was, they answered that 15 minutes ago. (The police station is nearby.) The police didn’t do anything and left. A few days later, the owner was called to the housing department because the neighbors wrote a statement. A protocol was drawn up. By the way, as many as six apartments signed the application (this is not surprising, they are all girlfriends). What to do in such a situation?

The most common causes of noise from a neighboring apartment are the non-standard daily routine of residents, when they are awake at night, washing, cleaning, watching TV, and sleeping in neighboring apartments. If dysfunctional citizens live in the same neighborhood, regular drinking, quarrels, and fights become a problem.

Often, residents of high-rise buildings complain that their upstairs neighbors wear stone slippers and keep a herd of horses on their “squares.” In most of these cases, the lamentations of offended people are justified: low requirements for sound insulation during construction, laminate flooring on bare concrete and other joys can poison existence within their own four walls.

Life in an apartment building has many features, and one of them is the presence of neighbors. It’s good when neighbors are calm and have good relations with them, but, unfortunately, this is not always the case. Sometimes you come across very noisy neighbors who do not allow you to have a normal rest. What to do if neighbors often make noise? This article will help you understand this issue.

Question: How many pellets from the mentioned cartridges were in the injured part of the forester’s body at the time of the conversation?

During night unloading, it is necessary to turn off vehicle engines, exclude the operation of noisy equipment, and loud conversations between employees. What to do and where to go? What should you do if your neighbors systematically break the law? First of all, it is better to try to negotiate with the residents of your home.

Then, of course, it is advisable to call the police, especially if the music gets louder or does not turn off for a long time. Fines for violating the law are provided for in the code of administrative offenses of the relevant region.

It is sad to realize all this, however, do not despair. No matter how useless everything may seem, it’s still worth trying, in case the neighbors get scared and calm down after the police appear, or communication with the local police officer will awaken the remnants of conscience in them - it won’t make things worse.

To begin with, it is worth determining what noise actually is. According to lawyer Yulia Kholodionova, the most common source of disturbance to silence is repairs. In order to carry out repair work in accordance with all the rules, it is necessary to obtain the consent of neighbors and comply with the time limits established by the Federal Law (Law on Silence).

According to Article 3.1 of the Law “On Administrative Responsibility in the Kirov Region”, making noise is allowed from 7 to 22 o’clock on weekdays and from 8 to 22 o’clock on weekends.

By the way, the latest version of the law clarifies that it is possible to violate the established indicators only on New Year's Eve.

There was a case, a friend rented an apartment with an equally inadequate neighbor from downstairs. He even called the cops for a kettle with a whistle. This lasted until I stayed overnight. This idiot began to burst in at three in the morning with complaints.

And you didn’t go to write an application? Is it true? And then decided to threaten with this writing? Is it true? And were they scared? Is it true?

I would also think about the phrase that the whole entrance is complaining about grandma. But damn... it’s a jackal thing to do and call the police with a denunciation.

Complain about noise caused by children

Children and noise are inseparable concepts; it is not always possible to captivate them for a long time with quiet games. If a neighbor complains that stomping, screaming, or objects dropped on the floor bother him, then, first of all, you should apologize and promise to reduce the discomfort as much as possible. For the most part, this is dictated by good neighborly relations, because proving excess noise levels in this case is problematic. If funds allow, you can soundproof the floors - in this case, you will be able to protect yourself from complaints.

In the case of babies, neighbors are bothered by loud crying (background noise can reach 75-90 decibels). If a child cries continuously, then they may well complain to the police or guardianship authorities, alleging lack of care for the baby and bad attitude towards him. If everything is within normal limits, then there is virtually no reason for complaints - due to its age, a newborn cannot follow the rules of behavior, and neighbors will have to treat loud crying with understanding. If the inspectors do come, you should just give them the opportunity to make sure that the living conditions are normal and that the child is properly cared for.

Complain about a dog constantly barking

A pet can cause a lot of inconvenience to neighbors - the scraping of claws on the floor, howling, and whining create a fairly noticeable noise background, and if the pet is left unattended at night, then complaints are sure to follow. If the neighbors’ dissatisfaction is justified, then you will have to solve the problem - instruct someone you know to walk the pet when you can’t do it yourself (or hire someone), take care of improving sound insulation. Otherwise, a claim may be filed under Art. 304 of the Civil Code of the Russian Federation.

If the complaints are unfounded, then you should calmly talk with the complainants, emphasizing that the noise level does not exceed established standards, the animal receives the necessary care and does not cause any inconvenience to other neighbors. You will have to talk to them first, make sure that there really are no complaints, collect their signatures on a document drawn up in free form (it will be required when a local police officer visits, a police detachment, or a summons to court).

Complaining about noise that doesn't exist

Quarrelsome people are far from uncommon, so almost every resident of an apartment building may face unfounded accusations of violating the law on silence. If the problem is far-fetched, first of all you should talk to the person who writes complaints and calls the local police officer over and over again. It is recommended to clarify what exactly the neighbor is not happy with and at what time in his opinion the noise level was too high. After this, depending on the current situation, you need to explain that:

loud music, screams, swearing or sounds of repairs came from another apartment (in an apartment building it is sometimes difficult to determine the source of noise);
no one was home during the specified period of time, so the accusations are unfair (if possible, it is worth confirming your words by showing photos with the date/time, a movie ticket or other evidence);
noise occurred, but its level did not exceed the recommended SanPiN standards.

The conversation should be conducted as correctly as possible, since shouting and accusations will only aggravate the problem. If a neighbor does not want to listen to arguments, it is worth asking him for a conclusion from Rospotrebnadzor that the noise level exceeded the norm - without a report it is impossible to bring any charges (the exception is at night, when any sound louder than a conversation is considered a violation). Also, to confirm your own innocence, you should obtain confirmation from other neighbors that there are no complaints on their part (you can write a few lines stating that the tenant of apartment No.... does not cause disturbance, does not create increased noise, does not violate the rules of residence and collect signatures) . Such a document will be useful when talking with a local police officer or police squad.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

It is imperative to warn the slanderer that if the groundless complaints continue, a lawsuit will be filed for libel. In accordance with Article 128.1 of the Criminal Code of the Russian Federation, dissemination of knowingly false information is punishable by a significant fine (up to 500 thousand rubles) or compulsory labor (up to 160 hours). As a rule, such information forces the “accuser” to take his words much more seriously. If, in addition to this, he sees the evidence collected, he will most likely stop pestering with accusations and leave him alone.

The neighbors downstairs complain about the noise or stomping of the child, what should I do?

Let's start, perhaps, with legal ways to influence the madness of neighbors. First of all, we must remember the existence of the Code of Administrative Offences, and most regions and large cities of Russia have adopted their own laws on silence at night.

Employees of this body will come to the scene of the violation and conduct an examination. “The act drawn up by Rospotrebnadzor specialists will be indisputable proof that you are right if the conflict comes to court. If all the proposed methods for resolving the conflict have not led to the desired result, all that remains is to write a statement of claim to the court.

Time is the main parameter regulated by the Silence Law. Today, apartment residents must reduce the volume level to 30 dB between 21:00 and 8:00 on weekdays, and from 22:00 to 10:00 on weekends and holidays. In many regions, this norm was changed and other periods were established when it is prohibited to exceed the volume. But the person who called the police was not satisfied with this punishment because it was, in his opinion, excessively lenient. He demanded more severe measures. To do this, I prepared a lawsuit and went to court to challenge the commission’s decision. But nothing came of this idea - the district court didn’t even talk to him. They explained that he was a nobody in this case.

If it comes to administrative punishment

If it comes to administrative punishment, then it is worth enlisting the support of a lawyer who:

will study the materials on bringing to administrative responsibility (if inconsistencies and errors are identified in the applicant’s explanations and in the protocol, the complaint may be contested);
will help to appeal illegal prosecution on the basis of Art. 30 Code of Administrative Offenses of the Russian Federation.

Deadlines, documents, expenses

You can appeal an administrative fine for violating silence within 10 days from the date of delivery of a copy of the resolution. You need to contact the judge, the body, the official who issued it. It is necessary to draw up a complaint against the decision, prepare documents that will confirm the absence of grounds for administrative punishment (testimony of neighbors, a report on noise level, etc.).

The state fee when appealing a decision in a case of bringing to administrative responsibility is not paid (Article 30.2 of the Code of Administrative Offenses of the Russian Federation).

If a neighbor demands compensation through court

If, on the basis of Art. 151 of the Civil Code of the Russian Federation, the plaintiff through the court demands compensation for the moral and physical suffering caused (he complains that insomnia developed due to the noise, and this affected the quality of work and well-being), then it is worth filing a counterclaim with a request to reject the plaintiff’s demands and with the nomination own claims against him. Counterclaims are considered together with the main claim.

Deadlines

A counterclaim must be filed 3 days before the hearing of the case. If the deadline is missed, but the main claim does not allow the defendant’s claims to be subsequently considered, the court will accept the application.

Documents, expenses

When applying to the court, you will have to pay a state fee ( 300 rubles in accordance with No. 333.19 of the Tax Code of the Russian Federation). The losing party pays all legal costs.

When developing the text of the application, it is worth contacting a competent lawyer, since errors and inaccuracies will lead to the rejection of counterclaims. The document provides:

information about the defendant;
his claims against the plaintiff (unfounded accusations and, as a consequence, unfounded demands for material compensation);
documents that confirm innocence (noise level report, testimony of neighbors about the absence of complaints);
request to the court.

Constant complaints from neighbors, conversations with the local police officer and police can lead to a nervous breakdown.
What to do if residents complain about noise that doesn’t exist, how can we find a solution for them? The site’s lawyers will tell you how to deal with unlawful claims at the pre-trial stage and help you defend your interests in court. Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Where to file a complaint against neighbors

But in vain:) in our apartment you can hear the noise of the water in the pipes very loudly, the neighbors wash themselves at 5 am every day on one side and at 1 am on the other, the audibility is about as if you are standing outside the bathroom door where the water is flowing. Well, maybe it interferes, but it’s only the designers’ fault. People cannot help but wash their hands, for example.

Residents of apartment buildings are familiar with the situation when neighbors behind the wall are having a noisy party or listening to music loudly, and at the same time you are forced to listen to it all.

Ideally, a patrol should arrive to a call within 15 minutes, but in practice, due to the lack of patrols in the city, this time may take longer. Be prepared for the fact that you, as the applicant, will have to give explanations, so you won’t be able to just call and go to bed - you’ll have to wait for the police and take part in drawing up a report on the administrative violation.

A similar incident, when Russians fought with a neighbor who was listening to loud music, occurred in Novosibirsk. As a result, the court ordered the attacker to dismantle the pump and pay the victims 1.5 thousand rubles.

Residents of multi-storey buildings quite often face the problem of noisy neighbors. Sometimes this phenomenon interferes with full functioning, rest and sleep. Daily sounds of repairs, conversations in raised voices, knocking and loud sounds of music and TV can create an unbearable atmosphere. During the daytime, the peace of citizens depends entirely on the conscientiousness of their neighbors; the hours of silence at night are strictly regulated by law.

When wondering how to find a solution to noisy neighbors, you should first consider all possible options for impact. Multi-storey buildings force you to put up with certain nuances of the neighborhood. Neighbors above may turn out to be new residents and start renovations, or stay up half the night, throw parties, but regardless of the preferred lifestyle and type of people, the law protects and guarantees the right of citizens to rest.

It is prohibited to exceed the permitted noise level from 22.00 to 7.00 on weekdays, and from 23.00 to 8.00 on weekends or holidays. Serious repair work, accompanied by loud noise and knocking, is recommended to be carried out on normal days from 8.00 to 18.00, on weekends no earlier than from 11.00 to 18.00. Noise levels exceeding the norm are measured and recorded by specialists, subsequently serving as the main evidence of violation of citizens' rights.

The main actions that disturb peace and quiet include:

loud sounds emanating from any sound-reproducing devices, equipment, possibly using amplifiers;
sound-reproducing actions in the form of singing, playing musical instruments, shouting;
the sounds of a car alarm that has not been turned off for a long time;
the use of various types of pyrotechnics;
construction or repair work.

In one case, the court examined the case and decided that there was no element of dissemination of false information, since the person had the right to contact government agencies. In another, he considered the repeated appeal on the merits and considered that the information was disseminated deliberately with the aim of causing harm to a second person, and therefore decided to refute the information and seek compensation.