To complain or not? How to correctly write a statement about noisy neighbors to a local police officer - a sample of filling out the document

How to correctly write a citizen a complaint about neighbors who are making noise, sample

The application can be drawn up by a citizen individually or collectively. Complaints of the second type are more preferable, since they will be responded to more quickly. But, more often than not, it is much easier to file such a complaint individually if all other residents are passive or afraid to file a complaint against anyone.

Before you start writing a statement, you should also make sure that you have correctly identified which of the residents is the source of the noise. You should not rely only on what you thought sounds were coming from above; sometimes, due to the design features of the house, the sound may be distorted, and you may mistake the wrong apartment for the source of noise. Factual testing is required to avoid such errors.

The application can be drawn up by a citizen individually or collectively.

The application for noisy neighbors includes the following information:

1. Information from the identity document of the citizen submitting the application (if the complaint is of a collective nature, then the passport details of all persons involved in the application are indicated).
2. Full name of the district police officer.
3. The actual location of the building in which the offense is committed.
4. Contact telephone number for contacting the applicant (or applicants, in case of filing a collective complaint).
5. A description of the current situation and how the situation violates the rights of the applicant (example: due to constant noise, I developed insomnia, increased nervousness and had to see a doctor to eliminate these problems). In addition, you need to indicate how often your neighbors make noise, what the level of noise is, indicate data from the measuring device and the dates when you took measurements. When describing the situation, it should also be noted whether you tried to resolve the situation peacefully, through dialogue with your neighbors.
6. Add links to laws that regulate noise standards in apartment buildings. These include: regional laws on silence, Article 30 of the RF Housing Code, Federal Law No. 52. If your neighbor insulted you, then you should note this in the complaint and refer to Article 20.1 of the Administrative Code.
7. Describe the requirement (example: in accordance with the law, I demand to evict or influence the behavior of the tenants so that they do not break the law and not disturb others) and do not forget to indicate that you need to be informed about the results of solving the problem.
8. Indicate the date the application was completed.
9. Put a personal signature, it must match the one indicated in the passport.

After this, the district police officer must accept the application; if he does not want to do this, it is necessary to require a written refusal from him with justification of the reasons. In some cases, you may end up with an unscrupulous local police officer who will refuse to fulfill his duties, in which case you can file an application against him in court. But, according to statistics, as soon as you request an official refusal to be written, your application will be accepted immediately.

In addition, it is worth requesting the terms for consideration of the application and the response time, carefully monitoring them so that your application is not accidentally lost or another reason arises for which the problem was not taken into account.

Documentation

Documents you will need to provide to the district police officer

• identification document of the applicant (documents of all applicants in the case of filing a collective complaint);
• the original version of the application and its photocopy;
• copies of appeals to other authorities, if any (for example, this may be the fact of contacting the police earlier);
• If you wish, you can provide audio recordings of the noise created by your neighbors and screenshots/photos of devices with the readings you received when measuring noise.

Where to contact?

Where can I complain about noisy neighbors who keep me from sleeping at night? There are several options for dealing with troublemakers in apartment buildings:

1. Contacting the local police officer is the most common way to influence neighbors. To do this, you need to draw up a legally competent application and submit it to the district police officer, who will be obliged to conduct an explanatory conversation with the violators.
2. Contacting the police is an effective method of influence for neighbors who often host parties and feasts. The called police squad will quickly arrive at the scene and conduct a conversation with the neighbors, issuing a warning.
3. Going to court is a last resort, used in situations where troublemakers are disturbing the entire house, and calling the police does not help.

REFERENCE: In some situations, you can influence noisy residents by contacting the housing maintenance service (housing maintenance service) or the HOA (homeowners' association), in order to organize explanatory conversations about maintaining order.

Now you have information about where to complain if your neighbors are noisy at night. You can find out how to write a statement to the police about noisy neighbors using the following example.

You will find more information about where to complain about neighbors in various situations in a separate article.

Statement of violation of silence at night

In any option, to fill out the form, you must display the following information:

1. You can submit your request on a blank A4 sheet. You need to write correctly, avoiding mistakes and corrections, in a business style, concisely and clearly presenting the facts.
2. You need to start filling out the form from the upper right corner of the page, where you want to display the addressee’s data (position, department, full name).
3. Below you need to fill in the applicant’s details (full name, residential address, contact details). It must be remembered that an anonymous request in such options is not accepted and will not be considered.
4. After filling out the “header” in the middle of the line, fill in the name of the request “Application”, and then, below, the content of the request is stated. Here it is required to state specific violations, describing the details of the event.

Drawing up a collective document

If several residents complain about noise at the same time, law enforcement agencies will respond to the complaint more quickly.

A collective complaint is drawn up according to the same rules as an individual application. It can be submitted by one person on behalf of all residents. When drawing up the document, the following nuances must be observed:

1. One document is drawn up.
2. In the header, indicate your position and full name. authorized person, and as an applicant write “Collective complaint of neighbors against citizen Full name. and address."
3. The collective complaint must describe the situations with each of the signatories.
4. The statement is written in the first person plural (we, us).
5. In the final part, the signatures of all dissatisfied residents are placed, indicating their full name, address and telephone number.

Loud noises from behind the wall always cause inconvenience. But modern legislation protects the right of citizens to rest, and many authorities can provide assistance in pacifying noisy neighbors. Methods of influence vary from a preventive conversation to arrest for 15-40 days. But the first step should always be peace negotiations.

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Write a statement about breaking the silence

Contact the police department in person

— State the essence of your appeal orally. In this case, the district police officer will independently record a statement from your words.

— Submit an application written independently in a simple, free form.

— Fill out a special form that will be issued to the local police officer.

Within 3 days (Law No. 174-FZ of the Code of Criminal Procedure of the Russian Federation of December 18, 2001), the district police officer is obliged to check the information specified in the application, draw up a protocol and take measures to resolve the conflict that has arisen. In case of proven systematic violations, the district police officer has the right to impose an administrative fine.

Note If you come with a statement, and the local police officer is not at the police station, your statement must be accepted and registered by the officer on duty.

What evidence can the plaintiff provide to the court about the violation of his right to “quiet hour”.

Before going to court against neighbors who violate the time allotted for rest in an apartment building, each person needs to stock up on evidence of their guilt.

All items in the list below may indicate offenses by both individuals and legal entities:

• testimony of neighbors living in the same area;
• recorded information about repeated calls to the police;
• a report drawn up by the district police officer who went to the address in response to the application (complaint);
• an act on the measurements taken from Rospotrebnadzor, both in the apartment of the culprit and in the apartment of the plaintiff;
• protocols on administrative offenses drawn up for the defendant;
• video recordings, ranging from a request to stop the noise, to measurements taken by Rospotrebnadzor.

An important point is that when drawing up a statement of claim, all evidence must be included in it at once. If any organization does not provide the plaintiff with a document important for proving the defendant’s guilt, you can apply to the judge during the trial with a petition to make a request to this organization to confirm his words in writing.

How else to legally deal with noise from neighbors at night

There are not many legal methods of struggle, here are the key ones that are really worth turning to to solve the problem

1. Dialogue. The simplest measure that can really help if you are polite enough. But in some cases, neighbors may turn out to be insufficiently adequate or very selfish, in which case it is worth using the measures presented below.
2. Contact the manager. This is not a very effective measure if the neighbors are not particularly adequate and well-mannered, but the responsible building manager can appeal to subsequent authorities instead of you. In addition, if you are poorly informed about your neighbors, you can ask the building manager for information about them. This is useful in order to specify requirements in subsequent authorities. If neighbors are not registered in the apartment, then they can be evicted altogether for violating the law.
3. Submitting a complaint to the district police officer. The most common and effective way to solve a problem with reliable testimony and conscientious performance of duties by the district police officer.
4. Filing a complaint to the State Technical Supervision Authority, whose responsibilities also include eliminating violations of the law in terms of silence.
5. Writing a statement to the prosecutor's office.
6. Going to court. It is the last measure when all others for some reason did not bring the required result.

Additional information on the topic is here:

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This is key information that every citizen whose peace is being disturbed should know. Be proactive and do not hesitate to contact the indicated authorities to resolve the problem. When writing a complaint, try to make it a collective complaint, this will allow you to solve the problem in a short time. In the event that someone has filed a complaint against you while you have not violated the silence, provide evidence that will confirm that you are not the violator. Such evidence can be a receipt, which confirms that you were in the theater at the specified time.

Read our article on how to write a will for an apartment.

The complaint did not help - what to do next?

There are situations when numerous statements and personal appeals to troublemakers do not help. Such malicious silence breakers are rare, but it is difficult to fight them. There is a way out - by filing a collective complaint to the police about noisy neighbors, following the example given in the article, filing a lawsuit for eviction. To do this you need:

• draw up the text of a collective statement;
• attach copies of all complaints written previously;
• attach evidence of repeated calls to the police;
• if possible, a conclusion from the SES.

Of course, people cannot always be evicted for systematically violating peace and order. For example, the offender has only one home, or there are minor children. But the very fact of initiating an eviction court case can seriously frighten a person and make it clear that the matter has reached an extreme measure.

Noisy neighbors are a nuisance that greatly darkens life. Unfortunately, most residents ignore contacting law enforcement agencies, preferring to resign themselves. However, it is possible to influence violators; with a competent approach to the matter, you can achieve the imposition of significant penalties, including eviction. Now you know how to write a complaint against neighbors who are making noise according to the example given above.

When can you write a statement?

Within apartment buildings, the permissible noise level is as follows (there may be some discrepancies in the numbers depending on the region in question):

• during the daytime (from 7 to 23) - no more than 55 dBA;
• at night (from 23 to 7) - no more than 45 dBA.

Within one apartment the following noise is acceptable:

• during the daytime - no more than 40 dBA;
• at night - no more than 30 dBA.

If the indicators go beyond these values, then a noise complaint can be safely filed against neighbors

In this case, it is important to have actual readings; you can measure them either with a special noise meter, or use a laptop or smartphone. You need to download the Sound Meter program or any similar one to the device, with which you can measure noise

What restrictions are there?

The Law “On Silence” limited the time for noise work using tools, demolishing walls, and renovating an apartment. That is, at the time specified by the standards, all repair work must be stopped.

The only thing that the current law has limited is the carrying out of work that is vital for citizens living in an apartment building and is carried out to ensure their safety.

It can be:

• rescue work;
• emergency work;

Statement of violation of peace and quiet

For example, in the capital, an attempt at hooliganism at night will cost a rowdy 2,000 rubles, and during the day - half that price.

In addition, the following penalties are provided:

• for pollution of local areas by domestic animals - from 1,000 rubles;
• for lack of vaccinations – from 2,000 rubles;
• for walking without a collar - up to 3,000 rubles;
• for insulting citizens - from 1,000.

When the actions of the violator are systematic, malicious in nature, as confirmed by repeated complaints from neighbors to the police, or are associated with actions that caused damage to human health, the punishment can develop into a criminal one. This is fraught with real imprisonment.

When noise is illegal

Before making demands on noisy neighbors, you should figure out in which cases the noise is illegal, and in which, despite the inconvenience caused, the law is still on the side of the neighbors. Noise may be considered to violate the rights of other residents of an apartment building, as well as illegal in the following cases:

• if the time frame is violated;
• if the conditions for noise volume, measured in decibels (dB and dBa), are violated.

The time frame during which noise is prohibited and the maximum permissible noise level during the day and night are established by SanPiN 2.1.2.2645-10. These requirements became mandatory as a result of the adoption of Federal Law No. 52 of March 30, 1999, which in paragraph 3 of Art. 23 indicates their compliance when maintaining residential premises. Thus, at the federal level it is enshrined:

• at night from 23 to 7 o’clock the noise level is not higher than 45 dBa;
• in the daytime from 7 to 23 hours the noise level is not higher than 55 dBa;
• Noisy work related to repairs can only be carried out during the daytime from 7 a.m. to 7 p.m. and only on weekdays.

Legislators at the regional level may establish different rules regarding the maximum noise level and the time frame of night and daytime, but they should in no way worsen the situation of citizens.
In many regions, night time is set from 22 o'clock, and in some even from 21 o'clock. Consequently, if neighbors make noise between 11 p.m. and 7 a.m., this clearly violates the rights of other residents to silence. In addition, if the noise exceeds the established norms during the daytime, then the actions of such neighbors may also be considered illegal.

When can you complain?

Every resident of a high-rise building has at least once encountered a situation where strong extraneous sounds from other people's apartments interfere with their rest. The main factors creating disturbances in silence in apartment buildings:

• 
  carrying out repairs during prohibited hours;

• loud music and created vibration from sound waves;
• loud conversation, shouting, laughter, knocking at a late time.

You can complain about noise based on the requirements of the law “On the Sanitary and Epidemiological Welfare of the Population” and regional legislative acts. There is no general law with time periods prohibiting noise.

HELP: Before finding out where to complain about noise from renovations at your neighbors, read the rules and restrictions. Perhaps the sounds that irritate you occur at the permitted time.

For each region, territory, republic, the requirements are individual, but similar - you can complain if:

• any loud sounds (speech, stomping, laughter, music) in the period from 22-00 to 8-00 (from 23-00 to 7-00 for the Moscow region);
• work related to repairs or construction carried out earlier than 9-00 and later than 19-00, as well as in the period from 13-00 to 15-00 (for the Moscow region);
• carrying out repairs on weekends and holidays earlier than 10-00 and later than 22-00.

There is a list of actions that fall under the definition of noisy:

• repair, construction, loading of building materials;

• 
  loud stomping, screaming, laughter, playing musical instruments;

• TV running at high volume;
• the use of pyrotechnics - in terms of exceptions, its use is not prohibited on the night from December 31 to January 1.

These are the norms that must be observed when living in an apartment building, and where to complain about noisy upstairs neighbors, let’s take a closer look.

Silence violation statement

The application must note the following:

• information about the parties to the case;
• description of the problem encountered;
• list of documentary acts proving the case, etc.

If this document is submitted by a collective association, then it is necessary to elect its representative and formalize the authority in the proper way (issue a certified power of attorney).

It is this citizen who will protect the rights and interests of residents whose rights are violated due to the unlawful behavior of their neighbors.

It should be noted that, based on the results of the consideration of the case, the perpetrators may be required to compensate for damage, as well as bring them to all types of liability provided for by Russian legislation (administrative, criminal, etc.).

The court decision must be fully implemented.

How to write a statement to a district police officer

You should contact the local police officer if the noise from neighbors is not isolated. So, if neighbors constantly listen to music at night or make noise in other ways not only at night, but also during the day, it is necessary to prepare a statement to the district police officer, a sample of which can be asked directly at the station at the place of residence.

Additional evidence when writing a statement to a district police officer may include:

• testimony of other residents (it is possible to write a collective complaint);
• voice recordings as confirmation of noise;
• carrying out an examination that allows you to establish the noise volume in dBa - for this you should contact an expert organization (such situations are possible, for example, when operating air conditioners in commercial areas located on the ground floors of an apartment building);
• in case of deterioration of health caused by constant noise - a medical examination, for example, in case of hearing loss.

The application is made in writing, and it should be made in 2 copies, one of which will remain in hand with the district police officer’s mark of acceptance.

The main attributes of the application are:

• name of the addressee (to whom and where it is sent);
• from whom this application was received (in addition to the full name and contact telephone number, personal identification data should be indicated: passport details, date of birth, registration address);
• indication of the type of document (application, complaint, etc.);
• the main text should include a description of the event, as well as a request to conduct an investigation and bring the perpetrators to justice;
• At the very end of the application, the date of writing and the signature of the applicant are indicated.

There are no special requirements for writing such a statement, so you can take any complaint or statement as a sample.

Attention! If the district police officer does not properly respond to the received application, you should contact his superior management with a statement about the official’s inaction.

In conclusion, we note that filing an application against noisy neighbors gives the citizen the right to go to court to recover moral damages. Despite the fact that it will not be possible to recover any significant amounts, even a small compensation will be felt by the neighbors. Therefore, before disturbing residents of neighboring apartments in the future, they will know that there are various legal ways to bring them to justice.

Actions from authorities

If a citizen filed a complaint with the district police officer about noisy neighbors according to the example above and it was accepted for consideration, the following options for action from the authorities against the violators are possible:

• to those who violated the order for the first time, the district police officer makes an oral reprimand, explaining the legal requirements for maintaining silence at night and on weekends;
• if the order is violated repeatedly, a fine is imposed, its size depends on the number of complaints against the citizen, the amount ranges from 500 to 1000 rubles;
• if a citizen ignores payment of fines, while continuing to violate the order, he may be arrested for a period of 15 days;
• systematic violation of silence, complete disregard for oral explanations, payment of fines - an extreme measure is likely - forced eviction through a court decision.

Our portal also tells you how to complain about your neighbors because their dog barks frequently and loudly, they smoke right in the entrance, or they rent out an apartment illegally.