What to do if neighbors are noisy or litter? Law on silence in an apartment building - official text

If you find yourself in a difficult situation, when you regularly hear noise from your neighbors at night, repair work does not stop, children are running around, and garbage is constantly scattered on the landing, remember, there are always ways to solve this situation.

Everyone knows the saying “My home is my fortress”, however, what to do when the so-called fortress systematically suffers siege and attacks by “barbarians”, bringing complete chaos and disorder? Is it possible to curb neighbors who do not want to follow the established rules for living in an apartment building, and how to do this?

In principle, any actions of neighbors can irritate, it all depends on the situation. But if you look at it from the point of view of the law, the following behavior is considered a violation:

• Noise at night (if the region practices quiet time, then during this period).
• Cluttering of areas and corridors considered common.
• Scattering various waste on sites and other places for public use.
• Sanitation requirements are not met: the apartment is thoroughly cluttered, there are many pets that are not provided with appropriate care.

What behavior of neighbors can be considered a violation?

Today, the most common problem in the city is noisy neighbors. Everyone has their own understanding of the degree of silence, however, there are restrictions specifically introduced by law that people living nearby are required to adhere to. If neighbors play loud music at night, do not monitor their pet, for example, drill into the walls at late hours, or make a lot of noise after 11 p.m., then this is an immediate reason to call for responsibility.

What level of noise is acceptable for an apartment and common areas?

According to the law, noise in an apartment is regulated; there is a maximum permissible level of noise in apartments: in SP 51.13330.2011 and GOST 12.1.036-81. However, it is worth considering that different indicators are reflected in these documents, and the conditions are the same. The reason is that one situation can be considered both as a violation and as an action performed legally. But noise exceeding the highest of all values ​​is an absolute violation.

DAY

This is the period from 7:00 to 23:00 (meaning SP 51.13330.2011, which precisely indicates the interval). In this case, the possible noise level is 40–55 decibels (it all depends on the document that is taken into account).

For example, 40 decibels is considered a sound equal to a quiet conversation, 55 decibels is a sound more intense, like a car engine.

Is it acceptable to make noise in the entrance during the day? Yes, during the permitted period, but you need to know when to stop.

NIGHT

This is the period from 23:00 to 7:00, which assumes an acceptable noise level of 30–45 decibels, in other words, low speech or noise from household appliances.

Important point! In Russia today, a federal “law on silence” has not yet been adopted; this issue is at the discussion stage. However, regional laws are active that require certain rules of behavior in the apartment day and night.

Select region

In the Russian capital, the law “On maintaining the peace of citizens and silence in the city of Moscow” is relevant, which involves restrictions: for example, when carrying out repairs during the day, periodic breaks are required. Noisy work must not be carried out starting at 19:00, ending at 9:00 and from 13:00 to 15:00. In addition, repairs are prohibited on holidays, non-working days, and on Sundays (with the exception of cases in which the mentioned activity is carried out within one and a half years from the date of putting the apartment building into use). However, penalties for maintaining silence cannot apply to activities aimed at eliminating the consequences of natural disasters, accidents, or carrying out work that cannot be postponed. In addition, it is unacceptable to prosecute people who make noise according to religious requirements.

Other regions have their own laws that require similar rules.

If you hear your neighbors dog barking and it causes you severe discomfort, you have the right to hold them accountable. It is clear that the dog is a living being, but the owners undertake to educate and train so that its behavior is adequate. When you call the police, the local police officer, if you complain to Rospotrebnadzor, then perhaps the owners will be required to undergo a special training course with the animal.

The situation with a crying child will be much more difficult. In the “law of silence,” crying children is not a violation, because they cannot always be quickly calmed down. As already noted, in such cases one must be patient, but there is one exception: if there is a suspicion that the baby is being mistreated, which is the reason for his crying or screaming. If such a situation arises, it is necessary to file a complaint with the guardianship or the police department. And if a child, already of a conscious age, makes noise, screams, plays ball at night, then you have the right to complain.

Regulations in the Russian Federation

The federal legislation of Russia stipulates silence hours from 11 pm to 7 am on weekdays and weekends. This time period is defined as night time. Also, Law 52-FZ and SanPiN standards predetermine permissible noise levels:

• in an apartment building during the daytime (from 7 to 23 hours) – 50 dB.
• MKD at night - 45 dB.

The neighbors upstairs are noisy

In the territory adjacent to a residential building, permissible noise by law in the Russian Federation should not be higher than:

1. During the daytime – 60 dB.
2. At night - 55 dB.

It should be emphasized that regions on their territories can legally change the federal quiet time, reflecting them in local legal acts.

The permissible noise level specified by SanPiN standards cannot be changed. These are the requirements of silence prescribed by sanitary rules.

Will we allow noise under the windows?

It is not possible if the noise is made during a part of the day that is restricted by regional legislation. It is necessary to maintain silence, both in your own apartment and in the area around the building. Therefore, in case of noise under the windows, you can contact the police, after which the employees are obliged, upon arriving at the place, to talk with the violators, if necessary, draw up a report.

Also, the district police officer, after contacting him, must perform similar actions. The response to your request should be timely, there should be no additional requirements (for example, measure the noise level yourself or compare whether the noise exceeds the imposed restrictions).

Until what time is it acceptable to make noise in the yard? Until the time determined by the beginning of the night period by regional legislation.

Makarenko microdistrict police station

Where to contact

On the map

How to restore silence - concrete steps

In case of strong noise from neighbors, you need to do the following:

1. Call the police or local police officer, who are required to come and record the fact of the offense. If your accusations are confirmed, the rowdies will be forced to pay a fine. If the call was not made immediately, you can later submit an application to the district police officer and he will conduct a conversation.
2. File a complaint with the HOA or Housing Office, after which an explanatory conversation should be held with the violators. But these institutions do not have the right to charge fines.
3. File a claim with a judicial institution, for this you need to collect relevant evidence - video with sound, eyewitness testimony; If possible, then measure the noise level yourself using a special device and it will confirm the fact that the indicators have been exceeded.

What not to do

You should not try to solve the problem yourself - for example, shower with threats, fight, write insulting notes, try to damage the property of the offenders (rug, door, keyhole). You may become a victim, as your neighbors will file a complaint with the appropriate agency.

Mamayka microdistrict police station

Where to apply

Road map

Neighbors leave trash in the hallway or in the yard - what to do?

In a situation where neighbors throw garbage out of a window, leave it in a hallway or in a common yard, then, according to the law, they can be held accountable.

Do your neighbors constantly litter? First, try to resolve the issue without involving third parties: have a conversation with the offender; provide a reminder that such behavior is prohibited; ask not to repeat such actions in the future.

If the proposed methods do not help, then collect facts about the violation, for example, video, photos, eyewitness testimony. Find out the offender's name, record the frequency of violations he commits, and how often the trash occurs.

Department of the Ministry of Internal Affairs of Russia for the city of Sochi

Where to get it

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Government agencies dealing with such problems

After collecting evidence, you can submit an application to one of the institutions:

• HOA. They do not have the right to impose fines, but they must conduct a convincing conversation.
• Precinct (police authorities). Obliged to monitor the situation, maintain order in the entrusted territory, and conduct a conversation with rowdies. If the violation is proven, then it has the right to impose a fine of 1000–2000 rubles, if the violation occurs again, then 2000–3000 rubles.
• Rospotrebnadzor. Representatives have the right to fine if there is a violation. Find the phone number of Rospotrebnadzor in your region. May be fined according to Art. 8.2 of the Code of Administrative Offenses of the Russian Federation, in this case you must pay 1000–2000 rubles, if a repeated violation, then 2000–3000 rubles. According to Art. 6.4 Code of Administrative Offenses of the Russian Federation - 500–1000 rubles.
• Ministry of Emergency Situations, in case the garbage left on the landing is a fire hazard. Then the neighbor pays 2000–3000 rubles according to Art. 20.4 Code of Administrative Offenses of the Russian Federation.

In any situation, including noise, you should not try to solve the problem yourself or use force. The best option is to contact the institution that controls such cases and try to restore justice.

Police Department for the Central District

Where to contact

Where to go to find a person - legal assistance procedure in Sochi (Central region) in 2021

On the map

Worth paying attention

Very often, too loud drilling of walls or renovations carried out in the house cause serious conflicts between residents. Any citizen should take into account that loud music, the sound of repair work on the street, which disturbs the silence, have repeatedly provoked disputes between people living in the private sector.

If neighbors do not comply with the law established in the region, then the easiest way to solve the problem is to contact the police. You can simply call the corresponding number on the control panel of the duty officer, who will register the incoming request and immediately send a task.

In this situation, the police must draw up a report on the fact of violation in accordance with Article of Code No. 608-KZ. The angry neighbors will be asked to be quieter and subsequently comply with the legislation on silence.

If the silence is disturbed by a legal entity, then you should contact representatives of Rospotrebnadzor, who will take noise measurements and then draw up an official report. Based on this document, a legal entity that breaks the silence will be subject to an appropriate fine.

Time for repair work

Loud construction or finishing work is prohibited between 19.00 and 9.00 on weekdays. True, some entities shifted the time frame and allowed repairs to be made until 10 p.m. At the same time, the removal of construction waste in most regions is allowed from 8.00 to 22.00.

In addition, there is a limit on continuous noise from renovations. It cannot be carried out longer than 6 hours in a row. After this period, you should take a break. In addition, there is a “quiet hour” during lunch, when making noise is generally prohibited.

Possibility to make noise

For owners of any apartment, renovation seems like an endless process; they want to finish it as quickly as possible and enjoy the cleanliness, order, and updated interior.

The speed of execution of processes is of particular importance if a tool is rented for them. Its downtime means empty, but very significant costs. What to do in this case?

The only option is to come to an agreement with the neighbors. You will have to contact every apartment that the noise can reach. After all, anyone dissatisfied can complain about violation of the silence regime. Mostly neighbors agree to endure the inconvenience, limiting only the time for noise.

ATTENTION! The consent of neighbors does not give apartment owners the right to make noise all day long, even late in the evening.

We must try to carry out the most necessary processes quickly and efficiently. You also need to be prepared for the fact that next time you will be required to consent to noise.

Fine for violating silence in 2021 in the Russian Federation

Penalty for violation
Violators are subject to administrative punishment. And first of all, it implies the imposition of a fine. It is worth saying that the amount of monetary penalties is not uniform throughout the country. Regions install it themselves.

Fines are paid by both individuals and organizations - the law is the same for all entities. Traditionally, a first violation does not result in financial penalties. The citizen or legal entity is given a warning in writing. For subsequent violations, the individual will be punished in the following amount:

• primary recovery – up to 3,000 rubles;
• secondary – 4000 rub;
• subsequent ones – 5000 rubles.

The law is more severe with organizations. They may be fined up to 150,000 rubles.

Important! You should not ignore the imposed fine. Failure to pay on time will result in the involvement of bailiffs. In this case, there is a high probability of blocking bank cards and forced debiting of funds. If there is no money in the accounts, a ban on traveling abroad may be issued against the debtor.