Life in an apartment building, especially in a new building, is darkened by the fact that someone is constantly making repairs in it, sometimes even at night and on weekends. It is impossible to relax in such an environment; you inevitably begin to get nervous and quietly hate your neighbors, forgetting that they were once the victim, and you were the torturer. Everyone changes their roles at some point. There is a lot of advice on this matter on the Internet. Some propose to take revenge by playing an audio recording at full volume with a full range of all kinds of sounds of construction tools to the neighbors in revenge when they are resting. There are even inventors who have come up with the idea of automatically turning on all this cacophony as soon as the neighbors behind the wall begin to timidly drill something. Let's figure out whether it is possible to carry out repair work on weekends.
Rules for repairing an apartment
Repairs in an apartment building are regulated by building codes. They establish who has the right to perform certain manipulations. Additionally, situations in which permits will be required are reflected. However, the time for completing the work is not fixed in law. There are no uniform federal standards establishing the rules for carrying out such actions in an apartment building.
However, in the Russian Federation there is a federal law on the sanitary and epidemiological welfare of the population. In common parlance it is called the law of silence. The legal act states that noise in apartment buildings above the established standards is unacceptable.
Where should I go if my neighbors break the law?
If your neighbors break the law and make a lot of noise, you can file a claim with the authorities dealing with this problem. You can try to reach an agreement with your neighbors, and if they do not comply with your request, you should go to court.
But before the trial you should go to the police or the local police officer, they should draw up a report. To measure the noise level, you need to call the SES, which will record all actions in acts.
Is it possible to do repairs on weekends and until when?
The introduction of sanitary standards has been delegated to the constituent entities of the Russian Federation. Therefore, indicators may vary significantly depending on the region. However, even the most loyal standards do not allow the noise level to exceed 55 decibels at any time of the day. The sound of a hammer drill or jackhammer exceeds the figure. The noise level is 100 decibels. If repair work using such equipment is carried out on Saturday or Sunday, neighbors have the right to contact the authorized body.
However, in order to be held accountable, measurements will be required. Most people do not have specialized equipment. Local sanitary standards are established. They reflect restrictions not in decibels, but in specific activities that generate noise. This also includes a number of construction works. So, in 2021 in Moscow it is impossible to carry out such activities from 19:00 to 9:00 on weekdays. Additionally, you need to take a break from 13:00 to 15:00. On Saturday, Sunday and other non-working days, making noise with construction equipment is completely prohibited.
However, a number of exceptions are allowed. The category includes renovations in new buildings that were built less than 1.5 years ago. During this period of time, the owners of the premises put them in order. As a result, the noise of construction work can be heard everywhere.
The only holiday when it is permissible to make noise throughout the Russian Federation is January 1st. Citizens are accustomed to celebrating New Year's holidays on a grand scale.
What is considered noise
In industry regulations, noise is a completely tangible concept that is measured in hertz and decibels. The question of whether repairs can be carried out on weekends is directly related to what work is planned. For example, installing laminate flooring (unless a circular saw is used) and wallpapering do not involve too much noise. Accordingly, you can do them even at night.
Dismantling tiles with a hammer drill, drilling, and chipping walls are noisy jobs. In this case, it is important at what hours you can make repairs and when you need to leave the tool. Much depends on the acoustic properties of the room, the thickness of the floors, and the individual characteristics of the house.
Types of noise produced in an apartment other than repair work
Noise is classified according to a number of criteria:
- Spectrum: tonal (heterogeneous) and broadband (without pronounced tones).
- Playing time: constant, non-constant, pulsed.
- Duration of measurement: equivalent (over a long period) and maximum (upper limits).
Punishment for violation
If a citizen does not comply with the law on silence, he may be subject to administrative liability. In a number of situations, a residential tenancy agreement is terminated. Penalties can be imposed on an individual, individual entrepreneur or organization. The size of the fine depends on the status . Ordinary citizens must provide from 500 to 1,000 rubles. The exact amount depends on the region. If the violation was committed by a legal entity or entrepreneur, the amount of the penalty is calculated in tens of thousands of rubles. So, in Moscow the figure is 40,000 rubles.
Information
It is important to understand the specifics of the procedure. If a person has the status of an entrepreneur, but makes noise at home while making repairs for personal use, the person will be held liable as an individual. A similar rule applies to legal entities. In order for a company to be held liable, it will be necessary to prove that the noise was directly related to business activities.
Time frame for work for Moscow and regions
How long it takes to make repairs in an apartment depends on the subject of the Federation. For example, in the Moscow region the same rules apply as in the capital (from 9 to 13, from 15 to 19). For the period of self-isolation in 2021, even more stringent restrictions were introduced, prohibiting construction from 11 a.m. to 5 p.m. - on regular days and on Saturdays.
Time frame for maintaining silence in Moscow
If conflicts arise with neighbors, it is important to know when the house was put into operation and to which locality it belongs. Self-organization should not be discounted. Residents of the house can independently agree on what time to engage in construction. You can involve the management company in negotiations.
Where and when to complain about neighbors
When a person is bothered by noise from neighbors, there are several ways to resolve this situation. A person may:
- visit a neighbor and try to resolve the conflict peacefully;
- contact the police and report the violation;
- send a complaint to Rospotrebnadzor;
- prepare a claim and initiate legal proceedings.
Information
The choice of method depends on the individual preferences of the citizen. Additionally, it is worth taking into account the specifics of the current situation.
Peaceful resolution of the conflict
Initially, experts recommend trying to resolve the conflict peacefully by visiting a neighbor and discussing the current situation. There is a possibility that in the future the person will be forced to make repairs on his own, and he will have to be on the opposite side of the proceedings. It is necessary to take into account the sanitary rules of the region. During most construction work, noise pollution is above the permissible norm. This means that you can file a complaint at any time.
Information
If the neighbor agrees to compromise, it is recommended to discuss how many hours repairs are allowed on weekends. You can allocate to your neighbors the time during which the person is not in the room. It is better to go for a walk if noisy work will be carried out for a long period of time.
Contacting the police
If an agreement cannot be reached, and the neighbor insists that he will carry out the work on weekends, regardless of the opinions of other residents, you can call the police. It is recommended to use a similar right if the noise continues at night. The police will arrive at the scene after a citizen calls. Then they will have a conversation with the neighbor. A person has the right to hold accountable for disturbing the peace of other citizens.
Moreover, the presence of repairs in the offender’s apartment and the presence of construction dust can be taken as evidence. Testimony from several neighbors will also become a powerful argument.
Complaint to Rospotrebnadzor
The authority will agree to consider the citizen’s complaint if violations are committed systematically. So, a person can engage in a noisy hobby. An example is carpentry. As a result, a lot of noise is created every day, including during the day. The action may not be prohibited by regional law. In this situation, a person will be held accountable only if systematic violations are proven.
Citizens who are dissatisfied with what is happening should measure the noise. Additionally, you will need to obtain a specialist’s opinion that the indicator has been exceeded. Only Rospotrebnadzor has the right to perform the above actions. The government agency monitors compliance with sanitary rules.
In order for the authority to protect the rights of a citizen, you will need to write a complaint. The document must detail in what days and at what time the neighbor violates the current legislation. Then the authorized body independently measures the noise level near the apartment. The procedure is carried out without the knowledge of the offender. Based on the data received, an act is prepared.
Warning
If during the implementation of actions it is confirmed that a violation has taken place, the person will be punished with an administrative fine.
How to avoid becoming a victim of noisy neighbors?
In situations where you do encounter noisy neighbors, and even on a weekend, you need to follow the law and perform the following series of procedures. Do them in order:
- Witness a violation of the law and your personal rights with the help of representatives of certain authorities and organizations;
- Next, you should check the availability of documents from the developers that would give them the right to begin and carry out repairs not only on weekends, but generally on a regular day. Often you will be faced with a situation where they are not there, and then you can use this as leverage over them;
- Collect as much evidence and witness statements as possible. And this is done so that when you go to court, you can argue your claim;
- File a complaint with the relevant inspectorates and it is best if you write a collective appeal about illegal noise work, which will be signed by all residents of the house who are disturbed by the noise;
- Don’t be afraid to call the police, who will not only be able to record the fact of an offense, but will also create pressure on builders who are unlikely to need such problems. And this needs to be done as often as possible;
- Go to court, although this is the last decision, you still shouldn’t forget about it.
Permissible noise level
After you file a complaint, local authorities are required to issue a warning to the offender, and he will correct the problem. If this does not happen, then the authorities have the right not only to evict those who violate law and order, but also to sell their housing or re-privatize it. And the money from the sale can be distributed among the victims as compensation.
Republic of Tatarstan
Actions that disturb the peace and quiet of citizens:
- using televisions, radios, tape recorders, sound amplifiers and other devices at high volume;
- untimely switching off of sound signals of repeatedly triggered security alarms on vehicles or at home, in an apartment, use of pyrotechnics;
- playing musical instruments, shouting, whistling, singing, as well as other actions accompanied by loud sounds;
- noisy repair, construction, loading and unloading operations.
When you can't make noise. From 22:00 to 06:00 on weekdays, on weekends and non-working holidays - from 22:00 to 09:00.
What is the responsibility? If the violation occurs for the first time, a warning or fine is possible;
- for citizens - from 500 to 1000 rubles;
- for officials - from 5,000 to 10,000 rubles;
- for legal entities - from 20,000 to 50,000 rubles.
For the same actions, if they are committed again within a year, a fine is imposed:
- for citizens - from 1500 to 2000 rubles;
- for officials - from 15,000 to 20,000 rubles;
- for legal entities - from 60,000 to 70,000 rubles.
Documents regulating the silence regime.
— Law of the Republic of Tatarstan dated January 12, 2010 No. 3-ZRT “On maintaining the peace of citizens and silence at night” (as amended on December 22, 2018);
- Article 3.10. Code of the Republic of Tatarstan on Administrative Offenses (as amended on July 20, 2017).
Salary.
The procedure for remuneration on a day off or a non-working holiday is established by Art. 153 Labor Code of the Russian Federation. According to general rules, work on such days is paid at least twice as much:
- for piece workers - at no less than double piece rates;
- employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;
- for employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary for a day or hour of work) in addition to the salary, if work on a weekend or non-working holiday was carried out within the monthly working time norm, and in the amount at least double the daily or hourly rate (part of the salary for a day or hour of work) in addition to the salary if the work was performed in excess of the monthly working time standard.
The presence of non-working holidays in a calendar month is not grounds for reducing wages for salaried employees.
Payment for work on a weekend or holiday for creative workers specified in the List of professions and positions of creative workers in the media, cinematography organizations, television and video film crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works[1], is determined by a collective agreement, local act, or employment contract.
All employees are paid at an increased rate for hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or holiday, the hours actually worked on the weekend or non-working holiday (from 0 to 24 hours) are paid at an increased rate.
At the request of the employee, instead of increased pay, he may be given another day of rest (time off). We'll talk about this a little later.
So, let’s consider in order the algorithm for calculating wages for working on a weekend or holiday.
Sevastopol
Actions that disturb the peace and quiet of citizens:
- use of televisions, radios, tape recorders and other sound reproducing and sound amplification devices;
- playing musical instruments, shouting, whistling, singing, and other actions accompanied by noise exposure;
- carrying out repair, construction, loading and unloading works;
- the use of security alarms and horns, their untimely shutdown in case of repeated activation, or the use of a faulty alarm system;
- use of vehicles with an exhaust system without a silencer or with special devices that increase the noise from the engine;
- use of pyrotechnics;
- other actions that are accompanied by loud noise.
When you can't make noise: from 22 to 7 o'clock - from Monday to Friday, from 23 to 8 o'clock - on weekends and non-working holidays.
Also, from 1 to 3 p.m. daily, you cannot use devices at high volumes and carry out repair, construction, and loading and unloading work.
What is the responsibility? For the first violation - a warning or fine:
- for citizens - from 500 to 1000 rubles;
- for officials - from 3,000 to 5,000 rubles;
- for legal entities - from 10,000 to 30,000 rubles.
For repeated violations - only a fine:
- for citizens - from 1000 to 3000 rubles;
- for officials - from 5,000 to 10,000 rubles;
- for legal entities - from 20,000 to 50,000 rubles.
Documents regulating the silence regime.
— Law of the city of Sevastopol dated June 26, 2015 No. 161-ЗС “On ensuring peace and quiet of citizens in the territory of the city of Sevastopol” (as amended on November 20, 2015);
— Article 4 of the Law of the City of Sevastopol dated April 17, 2015 No. 130-ZS “On Administrative Offenses” (as amended on April 12, 2019).
