Previously, people lived at some distance from each other in their own houses, and could encounter noisy neighbors only in the most extreme cases. Then, with the advent of the need to build multi-apartment housing, noise from neighbors is something we live with every day. Some noise can be called forced: the crying of a child, the hum of a vacuum cleaner, repair work, while others, especially from noisy gatherings or protracted construction work, can indeed not only irritate, but also leave an imprint on the quality of life.
What does the law say?
The level of noise control in apartment buildings is regulated by such regulatory documents as:
- Housing Code of the Russian Federation.
- Federal Law No. 52 dated March 30, 1999.
- Government Decree No. 25 of January 21, 2006.
- SanPiNom No. 2.1.2.2645-10.
- SNiP No. 23-03-2003.
- Resolution of the State Committee for Sanitary and Epidemiological Supervision No. 36.
Many regions also have their own legislative acts to fight for the peace and quiet of citizens, for example, in the capital this is Moscow City Law No. 42 of April 22, 2014.
Violation of the law on silence is punishable by fines in the amount of 100 to 500 rubles for individuals, and from 20,000 to 40,000 rubles for legal entities. However, some regions set their own fines.
How to hold noisy neighbors accountable
Violating the interests of neighbors, including exceeding the permissible noise level, is punishable. To hold violators accountable, it is important to record the fact of the offense.
To do this, you can make notes yourself, call the police to draw up a report on the offense. Based on the protocols and statements to the district violator, a punishment will be imposed.
What kind of sanction awaits noisy neighbors depends on the law in force in a particular city (region). For example, in Moscow the fine for noise at night for citizens is 1,000 - 2,000 rubles, and in the Altai Territory it ranges from 500 rubles. up to 3 thousand rubles
Sample statement to a local police officer regarding noise from neighbors
If rowdy neighbors are causing trouble, then one of the measures to take will be a statement to the local police officer. It can be compiled in any form indicating the reasons for the application.
In addition, the details of the complainant and the violators are indicated, and that they are keeping you up at night or otherwise violating your rights. Two copies of the application should be made so that the second one is marked for acceptance for consideration.
Sample statement to the police or district police officer regarding noisy neighbors. ⇐
What should be done?
If neighbors are disturbing you with their noise, first of all, of course, you should try to solve this problem peacefully - through negotiations and agreements. However, there are also cases when it is not possible to resolve the issue in an amicable way, in which case you should act within the framework of the law. Since Soviet times, the favorite measure against noise-disturbing neighbors is to turn off their lights, but it should be remembered that such a sharp jump in electricity can damage the neighbor’s household appliances, and then you will become guilty of a premeditated offense.
If there is noise during the day
The permissible noise level during the day in an apartment building is considered to be forty to eighty decibels; it is also allowed to slightly exceed this threshold, but no more than fifteen decibels. As a general rule, you can make noise in an apartment building, within the bounds of decency, until eleven o’clock in the evening. And from eleven in the evening to seven in the morning, silence should be observed. However, some regions have their own corrections for these temporary values.
Repair work in apartment buildings can be carried out on weekdays from 9 a.m. to 7 p.m. Construction waste must be removed from eight o'clock in the morning until ten o'clock in the evening. Work should be carried out no more than six hours a day, and no more than three months in total.
Some regions have their own rules and restrictions on the duration of repair work, including the need to include “quiet hours” during lunchtime in the schedule.
On weekends and holidays, you can make noise from ten in the morning to ten in the evening (according to the general rules). It is prohibited to carry out repair work not related to an emergency during these days.
In practice, practically nothing can be done about noise during the day, so the best way out in this situation is to negotiate peacefully with your neighbors. This is especially true not for one-time noise phenomena, but, for example, for major repairs.
In case of noise at night
At night, the noise level in the apartment building should not exceed 45-50 decibels. In order to understand what these numbers mean in reality, we can give an example: a conversation at an average volume gains about forty decibels, a loud cry of a child - eighty, repairs - one hundred, a jackhammer - one hundred and twenty.
At night it is prohibited:
- listen to music loudly, play musical instruments, sing;
- talk loudly, shout, whistle, make other loud sounds;
- repeatedly use the car horn, leave the car alarm on;
- carry out noisy housework, make repairs;
- use pyrotechnics;
- Do not supervise pets, causing them to make noise.
In this case, it is also best to talk with your neighbors, and if consensus cannot be reached, call the police.
If the neighbors are drunk and they have a big company
If the neighbors are having a noisy feast, there are a lot of people in the apartment, or the owners are clearly under the influence of alcohol or drugs, it is best to skip the conversation stage. Since no one can be sure how neighbors or their guests will behave during this conversation. Therefore, in such cases, it is better to immediately contact the police. The maximum that can be done before this is to call your neighbors on the phone and talk, if possible.
What to do if your neighbors are constantly noisy?
If your neighbors are constantly making noise and no amount of talking helps, then comprehensive measures should be taken. At a minimum, you should have on hand the protocols from the police and the local police officer who responded to calls, which you should copy for yourself in advance. It is imperative to collect signatures from other dissatisfied residents. After this, you should go to court, other evidence will be useful there:
- Testimony of witnesses.
- Video and audio recordings.
- Noise examinations (they can be carried out by a special organization: a private examination bureau, if an individual is making noise, such a service will be paid, or Rospotrebnadzor, if the neighbors are a cafe, a store or any other legal entity. But you can also use phone applications, they are approximately show the noise level in the room, the process itself is recorded on video).
- If the noise has caused damage to the health of the applicant, then medical certificates and receipts for medications and services should be attached.
How to prove that neighbors are noisy at night
If your head is literally splitting from the neighbor's noise at night, then you shouldn't endure it. If the permissible noise level is violated at night, you can call the police. However, by the time the police arrive, the noise may have stopped.
Therefore, if neighbors interfere with sleep, then you should prepare for the arrival of the police. Recording noise from a neighboring apartment on a telephone, voice recorder, or camera will help prove the validity of their call. Noise measurements can be made using special devices and computer programs.
This can also be useful in the opposite situation, when neighbors accuse you of excessive noise. Especially if they do it on purpose, trying to survive from the apartment.
How to call the police?
In order to call the police, you should dial 02 from a landline phone, or 102 from a mobile phone. Then explain the situation to the duty officer, introduce yourself, give your address and the noisy neighbors.
Situations often occur when police officers refuse to respond to such calls under any pretext; in this case, you should inform them of your intention to file complaints with their superiors, as well as with the Prosecutor's Office.
If you called, but didn’t stop making noise
If calling the police only helped temporarily, you should call the officers again. After copying (or photographing) the protocols for yourself, contact the local police officer during working hours. He is obliged to carry out explanatory work with violators. If all these steps do not help, then you need to file a lawsuit.
Via mobile application
In 2014, the Ministry of Internal Affairs developed a special mobile application that allows you to:
- find the nearest police station and continue the route to it to quickly get there;
- quickly contact the nearest branch (if the number is busy, it is redirected to numbers 102 and 112);
- find your local police officer and call him (this option eliminates the problems of those who do not know how to call the local police officer);
- submit an online application to your department or the main reception of the Ministry of Internal Affairs;
- study data on missing and wanted persons;
- share news on social networks - VKontakte, Facebook, Twitter;
- subscribe to news;
- evaluate the work of the district police officer and leave feedback.
To take advantage of online features:
- go to Google Play or Apple App Store on your phone;
- search for “Ministry of Internal Affairs”;
- select the application that appears and click “Install”;
- to call the police online, select the “Quick call” tab to find the nearest department - “Branches of the Ministry of Internal Affairs”.
On a note! The application is available wherever there is Internet access.
Where can I apply?
To combat noisy neighbors, you can complain:
- to the district police officer, for explanatory work with the perpetrators;
- Rospotrebnadzor, if neighbors are legal entities;
- to the tax police if a noisy apartment is rented out and there is a suspicion that the owner does not pay taxes on this income;
- Migration police, if the neighbors are illegal immigrants, or there is a suspicion of this;
- to the guardianship and trusteeship authorities if there are suspicions that children are in danger or are not being properly cared for.
Confrontation with neighbors is not something you should strive for; such relationships can exhaust both sides. Therefore, the main thing here is to follow the rules of the hostel, negotiate and put yourself in the shoes of young parents, resting after a shift, retirees, or neighbors who have finally saved up for a new renovation.
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Lawsuit
If conversations, advice, and visits from a local police officer have no effect on noisy neighbors, then you can resort to a last resort. According to the provisions of the law, for constant violation of sanitary rules, you can be evicted from the apartment.
The claim is drawn up in writing, taking into account the requirements of procedural legislation. The application indicates the names and details of the parties, the essence of the problem, the stated requirements, their legal basis and evidence.
There is no need to write a lot and for a long time, the court is interested in the facts of violation of constitutional rights, and not your emotional experiences. The completed claim can be submitted to the court in person, sent by mail or sent electronically.
Sample statement of claim to court against neighbors making noise at inappropriate times. ⇐
What about noise?
Neighbors can be annoying in many ways. The most common situations are:
- Loud music, noisy parties. Sometimes you can reconcile and be patient, but if you constantly, you have to fight;
- Animals howl and bark. Owners are responsible for the behavior of their pets and must be aware of the responsibility for their care. If the neighbors are at work all day, the dog is left alone and whines, this is a reason to express dissatisfaction.
- They are renovating the apartment and rearranging the furniture. Repairs, especially redevelopment, require large-scale, protracted, noisy work with a hammer drill. The owners must respect the recreational rights of their neighbors.
- Children are running, stomping and screaming. It will not be possible to influence otherwise than through peaceful means. If the loud noise is the result of a game and not violence against a child, the authorities will not be able to demand silence.
Collective complaint
If several owners suffer from the actions of negligent tenants, it makes sense to file a collective complaint against the neighbors. Collective complaints carry more weight and are considered faster than individual ones.
The procedure for filing a collective complaint is almost the same as for an individual one. The difference is that the collective statement is signed by all victims, indicating their full names, actual residence addresses, telephone numbers and email addresses (to receive a response).
Download: Collective complaint against neighbors (sample). Collective complaint against neighbors (blank form).
Reasons to call
Sometimes neighbors and other strangers witness repeated violations of children's rights, which forces them to react to what is happening.
There are a number of cases in which an appeal should be made regardless of whether it is anonymous or not:
- child abandonment;
- leaving a minor unattended;
- child abuse;
- parental abuse of bad habits, chronic alcoholism, drug addiction;
- homeless behavior of children;
- unkempt appearance, lack of normal clothing, nutrition, treatment and care.
If there is a need to write a complaint, then it is advisable to initially make sure that your suspicions are true, since these actions will entail checks, visits to the family and possible consequences.