Neighbors complain about the noise from our apartment, about the stomping of a child, or do not allow us to do repairs: what to do, where to go

Home/Disputes with neighbors/Neighbors complain about the child

Children are a blessing, especially for new parents. But not all neighbors living in an apartment building are happy to have a family with offspring, and do not have to endure the inconvenience associated with the screaming and stomping of their children. For what reasons there may be complaints about children from neighbors, and what should be done in this situation - we will consider in the article.

When do neighbors have the right to complain about a child?

Here are the main phenomena that occur in an apartment with children that can provoke discontent among neighbors, and a complaint against a child can be completely legal:

Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

• baby crying;
• scream;
• stomp;
• running;
• noisy games using radio-controlled cars, rubber bands and jumping ropes, hitting a ball, etc.;
• playing musical instruments, whistling, listening to music loudly.

Attention
For the neighbors’ right to claim to be legal, it is necessary that all actions take place during the so-called “after-hours” time, i.e. during the period prohibited by the law “On Silence” Federal Law No. 52, and also exceed the permissible noise standards established within the same legislation.

Where to file a complaint against neighbors

It’s night outside, and the neighbors above are drilling into the walls, not stopping the noisy fun, or swearing so much that the arguments can be heard for several floors. Where to call with a complaint in 2021?

If your neighbors are making noise at night, you need to contact the police. To do this, just call 02 or 112 and explain to the duty officer the reason for the call. But you need to take into account that the duty officer is simply receiving information; there is no need to present the situation as a domestic dispute.

The police, even if they arrive when called, can only draw up a report and issue a reprimand to the violator of the order. They won't be able to arrest him or take him with them.

Further actions are taken by the local police officer. It is his responsibility to deal with noisy neighbors who listen to music at full volume or yell at night. And the complaint against rowdy people must be considered by him.

A complaint about a noisy apartment should be a collective one, in which case it will have a greater impact on law enforcement agencies. The district police officer makes sure that an offense actually takes place, this is not just an attempt to settle scores for some personal grievances, not petty quarrels between families.

You can send such a collective complaint by letter, you can also take it and give it personally to the district police officer.

Normative base

So that citizens living in an apartment building can feel comfortable and remain calm, the corresponding law was adopted - Federal Law No. 52 “On the sanitary and epidemiological welfare of the population” dated March 12, 1999 by the State Duma of the Russian Federation. The signing of the project took place on March 30 of the same year. Issues related to noise and silence are addressed in clause 1 of Article 23. this document. It refers the user to some other aspects:

• sanitary standards of 1996, regulating noise coming from outside;
• SANPIN of 2010, regulating the level of noise generated indoors.

For your information,
the Unified Federal Text does not provide for legislation on silence, and there is no norm with such a name. Laws on silence in our country are traditionally called regional norms containing information about violating the peace and quiet of citizens, as well as about responsibility for such acts. The procedure within which prosecution for disturbing the peace of citizens at the wrong time occurs is subject to regulation by the standards of the Code of Administrative Offenses of the Russian Federation - the Code of Administrative Offenses, which entered into legal force on December 30, 2001 and was called No. 195-FZ.

Prohibitions and standards of responsibility for them must be adopted by regional authorities, defining periods of “quiet hours”. It turns out that each region of our country has its own developed standards regarding night noise.

1. In Moscow, for example, according to Law No. 42 “On Maintaining Silence”, dated July 12, 2002, night time is designated as the interval from 11 p.m. to 7 a.m.
2. In the Oryol region, this moment is regulated by Law No. 1490 “On liability for accidents”; the time from 23 to 7 o’clock is considered night time.
3. In the Republic of Tatarstan, the law “On maintaining peace and quiet at night” No. 3-ZRT is used, according to which the night period is from 22.00 to 6.00 on weekdays and from 22.00 to 9.00 on weekends and holidays.
4. In St. Petersburg and the region, the time frame during which exceeding the permissible noise level is strictly prohibited is regulated by Art. 2. Law No. 273-70 of 2010 “On Administrative Violations in St. Petersburg”, and night time lasts from 22.00 to 7.00.
5. In the Altai Territory, it is customary to use the night time period from 22.00 to 8.00 on weekdays and from 22.00 to 9.00 on weekends. During the day it is also prohibited to make noise from 13.00 to 15.00 (dated December 6, 2021 No. 95-ZS).
6. In the Nizhny Novgorod region, the law of April 1, 2015 No. 44-Z on silence imposes a ban on increased noise from 22.00 to 7.00 from Mon. on Friday, and from 23.00 to 10.00 on Sat., Sun., and holidays. In the region, it is customary to use the concept of “quiet hour”, lasting from 12.30 to 15.00.
7. In the Novosibirsk region, people's representatives (Law No. 99-OZ of February 14, 2003) also regulated the time frame during which noise cannot be made - these are 13.00-14.00 days and 22.00-7.00 at night on weekdays, 22.00-9.00 on weekends.

IMPORTANT
Similar standards have been developed for other regions and republics of the Russian Federation. They set time limits for silence and noise, as well as maximum permissible volume levels, including children running and crying.

Permissible noise level in apartment buildings

Regardless of the source of noise and its duration, excess of this indicator above the norm both day and night creates interference for the comfortable work, study, and recreation of neighbors. In addition, excessive noise has a negative impact on the human body, which can have adverse consequences in the form of absent-mindedness, nervousness, irritability, and decreased reaction. Russian Federation statistics on accidents have established that sound vibrations over 70 dB provoke a risk of increasing the number of them.

Federal Law No. 52, dedicated to silence, Article 23 establishes permissible noise parameters, which are equal to:

• up to 40 dB at night;
• up to 30 dB during the day.

As already mentioned, the time frames of day and night for each region are set individually. Measuring sound parameters requires the presence of certain knowledge and equipment. General recommendations regarding noise characteristics are contained in GOST 12.1.050-86, and in the Resolution of the Sanitary Doctor of the Russian Federation No. 64 dated June 10, 2010, it is noted that it is important to establish maximum permissible levels of sound pressure and noise vibration. According to the same standards, each type of sound has its own noise indicators:

• whisper and quiet speech – within 30-40 dB;
• loud communication – 50 dB;
• screaming and loud laughter – 75 dB.

Rights and responsibilities of neighbors

Absolutely all parties living in an apartment building adjacent to each other have the right to:

• protection of one’s own rights (general provision in Article 17 of the Constitution of the Russian Federation);
• obtaining comfortable living conditions (standards No. 1, 17, 30 of the Housing Code of the Russian Federation).

The same applies to the responsibilities of neighbors. These legislative acts state that neighbors are obliged to take into account the rights, freedoms and interests of each other and maintain silence at the times established by law.

What to do if neighbors complain about your child?

Many parents, especially those who are not experienced in raising children, risk encountering complaints from neighbors about their child. These may be verbal requests for silence or written statements submitted to the police station, to the chairman of the house council. In any case, the task of parents interested in maintaining friendly relations with neighbors is to find peaceful ways to resolve the issue. Here's what you can do in such situations:

• if the child is newborn and cries at night, you should rock him better and follow the feeding rules; perhaps the reason for the baby’s anxiety lies precisely in the carelessness of the parents;
• If children are over 2 years old and they scream and frolic, disturbing the neighbors from resting peacefully, it is worth educating them in the right direction: explain that they are disturbing the peace of other people with their behavior.

Additional information
Increased activity for children is not a luxury, but a completely natural state. So that your child can splash out his energy in the right direction, enroll him in a sports section or simply be outside more often, and do quieter things at home (watching movies, board games, etc.).

If the neighbors complain about a child who cries at night

The piercing cry of a child at night is painfully perceived by neighbors, especially the disabled, the elderly and simply childless people who cannot understand such behavior of the baby. Whether or not there will be punishment for this is debatable. After all, the subject of the offense is an infant who has not yet reached the age of responsibility. On the other hand, Federal Law No. 52 Art. 23, as well as regional documents (Federal Law No. 42 for Moscow, No. 1490 for the Oryol region, No. 3-ZRT for Tatarstan, etc.) establishes standards for permissible noise in apartment buildings, and they also apply to children’s crying.

In this case, in relation to the child’s parents, neighbors can take a number of measures if the reason for the child’s screaming at night lies in themselves - that is, they do not try to calm the baby, or he has colic, but they do not fight it, they feed incorrectly , they don’t know how to care for him. Even if no punishment will follow for a child’s crying, you should adhere to moral and ethical standards, understanding that your baby’s crying is disturbing the lives of your neighbors.

Neighbors complain about music during the day, should you worry?

Residents of the house are obliged to comply with the rules of the hostel, organizing their life in such a way as not to disturb others. It is unacceptable for music to shake the walls. The volume should be such that the sound does not go outside the apartment. First of all, these are moral and ethical standards.

From a legal point of view, everything looks more complicated. If sounds from your apartment do not allow your neighbors to live in peace, they will have to prove that the volume of the sound really causes them some suffering, serious discomfort. In other cases, the most you face is a conversation with a local police officer. However, when other residents constantly scold you for playing too loud music, it makes sense to listen or take care of soundproofing your living space.

If the neighbors below complain about the stomping of children

IMPORTANT
Children's trampling is another source of excessive noise levels, which prevents neighbors from resting, working during the day and sleeping at night. This is an offense that entails liability, so you cannot avoid penalties if your child makes noise at night and during quiet hours, and also exceeds the permissible noise level (40 dB) during the day. The only thing parents can do to please their neighbors, even if the noise not emitted by the baby does not exceed the normal values ​​​​specified in Federal Law No. 52, Art. 23 – lay a dense carpet that can absorb sounds, occupying at least 80% of the area.

It is also worth visiting the street more often so that the child can run around and breathe in fresh air: as practice shows, this helps, because when the child comes home from such a walk, he behaves more calmly. Another measure is to communicate with neighbors and resolve the neighbor’s complaint against the child peacefully. For example, agree that your children will run around at a time when neighboring citizens are not at home, or when the noise made will not interfere with them.

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).

If a neighbor's complaint against a child is not justified

First, the neighbors will complain about the child to the district police officer, but if this does not bring any results for them, they will begin filing complaints about the baby’s noise to other authorities - the district court, ROSPOTREBNADZOR, the housing disputes inspectorate, the prosecutor’s office. If a complaint against the children has already been filed, but you are sure that they could not have made such a loud noise, the only measure for you to protect your own rights is to contact the local police officer.

According to Law No. 52-FZ, in order to initiate a case based on a neighbor’s complaint against a child, a basis is required in the form of recording the noise level, which neighboring citizens order at their own expense. If they do this and prove the fact of exceeding the norm established in Federal Law No. 52 Art. 23, you will be held responsible. If the noise level is within the permissible ranges, in accordance with Art. 128 part 1 of the Criminal Code of the Russian Federation, you can go to court and file a claim for libel.

Which authorities should I contact, call, complain if my neighbors are disturbing my sleep?

Contacting the police

In the fight against noisy neighbors, the main thing is to remain within the legal framework, therefore, if negotiations do not help, you should call the police or a local police officer.

The district police officer is available during standard business hours and can be contacted in person or in writing via mail. The district police officer will note the appeal, which will help if there is a trial in the future. Also, the district inspector is obliged to conduct a conversation with the violator and issue a warning. Often at this stage the problem resolves itself. The police can be called at any time of the day or night.

How to call the police?

We can say that the police do not really like such calls, so it is worth knowing a few tricks in this matter:

• indicate in a conversation that a peaceful way to solve the problem has already been tried and did not help;
• do not believe if the duty officer assures that only the district inspector deals with such issues;
• the outfit should arrive within an hour;
• If the employees do not respond, you should make the call again. Since all conversations are recorded, mention that if there is no response, an appeal to the prosecutor's office will follow.

What evidence can be collected before the police arrive?

It often happens that when the police arrive to respond to a call, there is no longer any noise. Therefore, it is worth taking care of the evidence in advance:

1. Bring your neighbors-witnesses to your side.
2. Record the noise level.

• Rospotrebnadzor willingly responds to such calls if we are talking about neighboring legal entities;
• there are special bureaus that provide such services for a fee;
• You can do it yourself using numerous smartphone applications.

1. Record noise in audio or video format. In this case, it is worth making sure that the entry reflects the date and time.

Application to the district police officer

An application for noisy neighbors can be submitted either by visiting a local police officer in person or by mail. It is best to make a collective appeal. The application should describe in detail everything that is happening, print it out in two copies, and keep the second one, with a note of acceptance.

Going to court

If the police do not help in the fight against noisy neighbors, the next step is to file a claim in court. In order for this event to bring real results, you must have:

• Several recorded calls to the police or to the local inspector.
• Noise measurements, video and audio recording.
• Testimony from neighbors.

The statement of claim to the court, in this case, looks like compensation for moral damage. You have the right to determine its size yourself, but the court will subsequently decide its legality and may adjust the amount.

Contacting the prosecutor's office

If there is no response to the problem from the regulatory authorities: police, district police, Rospotrebnadzor, you can submit an appeal to the prosecutor’s office.

The application is drawn up in a free style, the main thing is to attach all available evidence about the noise, as well as about appeals to the authorities, for example, a second copy of the application, or the time and date of the call for an internal inspection.

The appeal can be submitted to the reception in person, then you should put a mark of acceptance on your copy. Or sent by mail, with notification.

Possible consequences

If the tenants, who are your neighbors, did take measurements and it was possible to establish the child’s guilt, namely, the fact that the noise level was exceeding, a fine is issued in accordance with Art. 6.3, 6.4 of the Code of Administrative Offenses, which ranges from 100 to 1000 rubles. The problems associated with bringing families with children to justice at the federal level are so incommensurate with the amount of punishment that silence is subject to regulation exclusively at the local level. And the federal law is most likely just a formality.

Have a question for a lawyer

If you violate noise regulations for buildings, you may also be liable for daytime noise charges.

In practice, they call Rospotrebnadzor and take measurements of the noise level in the neighbors’ apartment; if there is an excess, they can be held accountable.

According to Article 6.4 of the Code of Administrative Offenses of the Russian Federation, violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport - entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from one thousand to two thousand rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from ten thousand to twenty thousand rubles or administrative suspension of activities for a period of up to ninety days.

You can also measure the noise from your neighbors’ apartment yourself, but Rospotrebnadzor will require a fee for this.

In this case, it is impossible to influence neighbors in any way, except if they behave extremely inappropriately and insult. Then you need to write a statement to the police.

Don’t do anything with them, let them call whoever they need, if they are so “smart”, if you really don’t make noise, let them record violations and so on, if there is no noise from you, then they will simply “break off”. I was in charge of one such case, where one abnormal person complained that he was being disturbed from sleeping and so on. I sued for 2 years, the result was zero. If you rent an apartment, you can simply move away from your neighbors, if not, then let them complain, the burden of proof will still be on them.

Hello Julia. One good old principle works here - whoever complains first is right. If the wires are cut, write a complaint to the district police officer. Crime prevention is his responsibility. The district police officer will call the neighbors and make a reprimand to them. Then they will complain (most likely) about the noise. For example, they will call a squad. The police will come and find nothing. It turns out that their complaints are revenge for the fact that you asked to reason with them about the wiring.

Otherwise, if they do not violate your rights, there is nothing you can do. Just ignore. Follow the hostel rules. If you get really annoying with vague demands, do what officials do to get rid of annoying citizens. Tell them that you do not allow violations, but if they think otherwise, let them go to court.

In fact, since the trial requires evidence, they have nothing to go to court with.

Nuances

1. The fact that the legislation related to the permissible noise level was violated by the child must be proven to the neighbors.
2. The first thing neighbors can do is to come to an agreement peacefully.
3. In the absence of violations and incoming complaints from neighbors, punishment for libel is provided in accordance with the Criminal Code of the Russian Federation.

Comments Showing 2 of 2

• Renat 14:03 12/19/2020
  Hello! I don’t even know what my wife and I should do. For the third year now we have been living under the eternal tramp (in the daytime until 23.00) of children, there are four of them. All attempts to come to an agreement with the parents are unsuccessful!

  Answer

• Elena Sumina 08:01 03/17/2021

  Contact the guardianship and the police. There is law 52. I have the same neighbors. I printed out my regional law and gave it to my neighbors for study, reminding them to take care and call the police. The noise stopped.

  Answer