Law on silence in Moscow in 2021 in an apartment building: official text

The noise level in Moscow is quite high and it is not always possible to be in silence during the daytime, and sometimes at night. Life in a metropolis leaves its mark. Nevertheless, there is current legislation in the capital - Law of July 12, 2002 No. 42 “On maintaining peace and quiet of citizens in Moscow,” which is unofficially known as the law on silence in Moscow. Since January 1, 2021, the official text of the described document has not been subject to changes or adjustments. Let's get acquainted with the legislation in more detail.

Playing a musical instrument on the weekend

What cannot be done according to the legal act

Let us immediately make a reservation that the law on silence in Moscow in 2021 has not been subject to changes. To date, the edition in force since January 1, 2017 has not changed. The legislation is quite loyal and flexible, so the authorities are in no hurry to amend it.

Repair work in a new building

Let's look at it in more detail. The law establishes restrictions on certain activities at night (from 23:00 to 07:00). According to paragraph 1 of Art. 2 laws prohibited:

• watch TV, listen to music, radio at high volume;
• shout loudly, sing in the apartment and near the house (on the street);
• play musical instruments;
• listen to loud music in the car;
• Noisy repairs and drilling in residential buildings.

Also not allowed at night:

• move furniture noisily, drop things on the floor;
• run, jump, knock;
• use sound signals from cars in courtyards where citizens live.

Neighbors listen to loud music at night

The described restrictions are prescribed not only to persons living in an apartment building, but also to every citizen staying:

• at the hotel;
• hotel;
• dormitory;
• hospital;
• at the recreation center.

According to SanPiN standards:

1. A high noise level in an apartment at night is considered to be sound above 45 dB. This is slightly lower than the sound of loud speech (49-52 dB). If we consider a scream, loud laughter, then the noise from them will correspond to 70 dB.
2. During the daytime, a value greater than 55 dB will be considered a violation. The maximum permissible deviations that may not be counted are 5 dB. No more.

Noise level values ​​may be higher than the standards if these are emergency cases:

• emergency response;
• accident elimination;
• work of intelligence services;
• natural disaster.

It is prohibited to make noise in the apartment at night

Nuances

The norms of peace and quiet for citizens in the region are clearly stated in the legislative act on administrative responsibility. He was assigned the number 107-OZ. The official text of the law on silence in the Irkutsk region in 2022 covers local regulations quite widely.

Noise from neighbors

It describes, for example, from what time and until how long you can make noise and listen to loud music. Let us immediately note that there is no legal provision for quiet time during the daytime in the region. Nevertheless, in many constituent entities of the Russian Federation, laws today provide for a quiet lunch break.

The legislation on silence in Irkutsk and the region applies not only in an apartment building, but also in premises in the surrounding area, on the street.

Maximum noise limit emitted in the areas:

• 55 dB indoors during the day, 45 dB at night;
• 70 dB outdoors during the day, 60 dB at night.

When is repair prohibited?

The Law on Silence in Moscow in an Apartment Building 2021 stipulates the time frame for repairs in apartment buildings.

There are some nuances here, stipulated in the silence standards.

In a new building

When repairs and drilling are required in a new building, the law provides for a separate schedule for noisy work in a new apartment. It applies to residential buildings that were put into operation no more than 18 months ago.

According to the law on silence in 2021, repair work in an apartment in a new apartment building can be done from 7 a.m. to 11 p.m. Moreover, this schedule is valid not only on weekdays, but also on weekends, or more precisely:

• on Saturday;
• on Sunday;
• on holidays and non-working days.

As can be seen from the legislation, enough time has been allocated for the improvement of new residential and non-residential premises (common areas) in an apartment building so that they can be put in order and create comfort for the residents.

Noise at night on weekdays

Repair and drilling in the apartment

In an older fund, so to speak, the situation is different. If the house is more than one and a half years old, but the apartment needs to be renovated or drilled with a hammer drill, then the silence regime, according to the law, will be different.

Until how long repairs can be done is established by the law on silence in Moscow in paragraph 1.1 of Art. 2. The official text of the document prescribes a time ban on weekdays, and also completely prohibits repairs on weekends. The graph looks like this:

1. Repairs, drilling and other noisy work associated with redevelopment are prohibited from being carried out between 7 pm and 9 am. As the law on silence stipulates, such work cannot be done during the day in Moscow and during the time designated for children’s rest - from 13 to 15 hours (quiet hour). In these cases, it is necessary to maintain a two-hour break during lunch.
2. Noisy repair work is prohibited on weekends and holidays.

In the private sector

What to do if the neighbors are noisy?

There is no need to immediately call the police or look for a form to file a lawsuit. Remember that you need to live amicably with your neighbors, and that sooner or later you will find yourself in their place, and then they will respond in kind.

Don’t rush to complain: ask, search, knock...

Live by the principle: “Ask and it will be given, seek and you will find, knock and it will be opened…” (c). This is a biblical commandment that always helps (even with noisy neighbors). See for yourself:

• Why should you come first and ask not
• Is it bad to look for opportunities to resolve the conflict peacefully?
• You came, knocked, and they didn’t open the door for you? No problem! Come again, knock again, and sooner or later the door will be opened for you.

Then you can come to a compromise - agree with your neighbors what hours they can work so as not to interfere too much: for example, you can agree on a time from 9 a.m. to 10 p.m., and on Saturday - in the first half of the day.

How to sue neighbors who make noise on weekends?

You need to resort to this step when your numerous attempts to come to an agreement, and even calls to the police and fines, have come to nothing: on weekends the neighbors fanatically continue to bite into the wall, play music at full blast, move furniture, jump, run at night, arrange noisy feasts until the morning.

But every claim must have an evidentiary basis, and therefore you need to prepare it.

• You can resort to video and audio recording.
• Collect evidence from other neighbors.
• File a class action lawsuit (this is a very effective measure).
• As a consumer, file a complaint with Rospotrebnadzor (this must be done before filing a claim, then the offender will definitely not get away with it).

Rospotrebnadzor comes to the rescue

Before contacting this organization, you first need to figure out what time the restless neighbor is most often drilling, and indicate this time in the complaint. At the right time, a person from Rospotrebnadzor will come with a sound level meter and measure the noise level produced by the neighbors. Based on the measurements, an act is drawn up, which will be one of the grounds for a lawsuit.

How to claim compensation for physical and mental damage

The claim must indicate the price of the claim, which will be compensation for damage. To prove that physical damage was actually caused, you need to undergo a medical examination and attach its results to the claim.

• The amount of physical damage may include the cost of examination, treatment and medications. All receipts are retained for court use.
• Moral damage is a subjective concept for each victim and is determined only by him.

How to deal with noisy tenants

There are many ways to influence noisy neighbors who listen to music loudly, play musical instruments, or do repairs during quiet hours. Let's present a list of possible actions that do not run counter to the law:

1. Attempt to peacefully resolve the excessive noise situation. Explain to your neighbors the rules of the law on silence. As a rule, this works and the following tips are not needed.
2. If conversations with noisy neighbors yield nothing, then call the police. The arriving squad will be obliged to stop the crime, restoring the neighbors’ right to rest and peace.
3. Contact your local inspector. He will have a conversation with the rowdies and register their apartment in order to monitor what is happening there from time to time.
4. File a complaint with the judicial authorities. When the above methods are ineffective, as judicial practice shows, a court decision can radically change the situation. By its ruling, the court can evict malicious silence breakers from the apartment. In such cases, collective complaints from the residents of the house work well.

Drilling walls with a hammer drill

Noisy drinking bouts in neighbors' apartments, night parties with loud music in the residential area (in the local area) can in any case be stopped, relying on the law on silence. In any case, the legislation will be on the side of law-abiding citizens who defend their rights, both in a private home and in a multi-storey residential development area.

Additional restrictions

There is also paragraph 1 (2) of Article 3 107-OZ, which adds additional conditions to the law on silence in the Irkutsk region for 2020-2021 in relation to the day. According to the law, it is prohibited to perform actions that disturb the silence on Sundays and non-working holidays. The times are from 7:00 to 23:00. This essentially means that you should not make noise on Sundays and holidays.

The only exceptions this time are emergency rescue operations, as well as urgent ones related to ensuring the lives of citizens. For example, this may include urgent repairs of pipelines or restoration of buildings after partial destruction. Sports and religious events, as well as any preparatory activities, are not permitted.

There is also a ban on construction, loading and unloading and repair work after 21:00 and before 9:00. This is stated in 107-OZ, article 3, paragraph 1 (3). During this period, these events cannot be carried out if the noise level interferes with the peace of mind of citizens. In the case of capital construction, a break must be taken for a prohibited period.

If the permissible noise level is exceeded, citizens may be held accountable. It doesn’t depend on what exactly caused the noise: whether you were watching TV, listening to the radio at full volume, or using another technology for reproducing or amplifying the sound. This also applies to establishments, stalls, any organizations and vehicles, including cars. This rule is set out in Art. 3 clause 1 (4) 107-OZ.

What objects are protected by the law?

City law (Article 1) requires silence during the day and at night. It works:

• in an apartment building (in an apartment, common areas), in adjacent areas;
• in a private house and in the local area (in the yard, on the site);
• in boarding schools, kindergartens, sanatoriums, rest homes, hospitals and in areas adjacent to them;
• in hotels, hostels, hotels;
• in urban public places (in recreation areas, sports and others), in squares and park areas.

Drilling in an apartment building

How long can you listen to music in the Irkutsk region?

It is allowed to listen to music loudly in the apartment from 7 to 23 o'clock on weekends and weekdays. In Irkutsk and the region, the law is quite loyal in this regard. For clarity, you can see the list below:

1. Loud music is allowed from seven in the morning to twenty-three hours every day, including on holidays.
2. Loud listening to music is prohibited in an apartment in an apartment building and on the street after 11 pm to 7 am.

Do not do it at night

This must be remembered in a private home, so as not to violate the noise law and respect others.

Fines for violations

A fine is provided for violating the Moscow city law. Administrative liability is defined by the Moscow Code of Administrative Offenses (Article 3.13):

• the citizen will be fined in the amount of 1 to 2 thousand rubles;
• sanctions for an official will be determined in the amount of 4 to 8 thousand rubles;
• violation of the law will cost a legal entity a penalty of 40 to 80 tr.

These measures are driven by the need to ensure peace and quiet for citizens.

As practice shows, they turn out to be quite effective.

Where to complain?

For people who are bothered by noise at night or during the day, determining the acceptable volume is difficult. To prove the offender wrong, you need to call in specialists. You cannot conduct an expert assessment on your own.

1. If the noise comes from an organization working in the house or its local area (shop, restaurant, office, etc.) and is permanent, it makes sense to file a complaint with Rospotrebnadzor.
2. If the case is isolated (the neighbors are noisy), then you should contact the police.
3. If there is any frequency of concern from citizens living nearby, then you need to write a statement to the district police officer.

When you have evidence of a violation of silence (coupons for calling the police, materials from cases of administrative offenses, protocols for measuring noise levels drawn up by Rospotrebnadzor), you can go to court, including with a claim for compensation for moral damage.

Silence laws

In addition to the regional law, there are also federal legislative acts that protect the peace and quiet of citizens:

1. A law defining the default nighttime and daytime hours in a country if the subjects have not adopted their own regional legislation. This is the Federal Law “On the sanitary and epidemiological welfare of the population” dated March 30, 1999 No. 52-FZ. It also contains a reference to sanitary standards and regulations.
2. Sanitary rules and regulations, namely SanPiN 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises.” It is this collection that sets the maximum permissible noise levels in residential premises.

In a private house

Law on silence in Moscow - you can download the official text for free in the latest edition here. It will be easier to read if you print it out later.

Non-compliance with regulations and fines

If you fail to comply with the Law on Silence in the Republic of Bashkortostan in 2021 (the official text of the document as amended), it is quite possible to be fined. The amount of monetary recovery may be (thousand rubles):

• for a citizen – 2–3;
• official – 5–8;
• legal – 20–30.

In a private house in the village

In the event that the law of Bashkiria is violated again, the amount of the administrative penalty will increase (thousand rubles):

• for an individual – 3–5;
• official – 8–10;
• legal entity – 30–50.

Any repeated violation of the law on silence in a private home and on the street will also result in an increased fine. Note that in Ufa and the Republic of Bashkortostan fines for noise are high. Therefore, it is better to familiarize yourself with the regulations of the Republic of Belarus and not violate them.

Intermunicipal Department of the Ministry of Internal Affairs of Russia "Irkutsk"

Where is it issued?

How neighbors of noisy builders can protect their rights

What should you do if there is construction going on near you at a time not permitted by law?

Legislatively, the interests of neighbors of noisy builders are protected by the Housing Code and the Decree of the Chief Sanitary Inspector of the Russian Federation dated June 10, 2010 No. 64 “On approval of SanPin 3.1.2.2645-10.” These regulations prohibit carrying out noisy work with increased levels of vibration and air pollution, as well as disturbing the normal living conditions of residents in neighboring apartments.

1. The first thing to do is to record the offense. Recording of offenses in this area should be carried out with the help of the following bodies:

• The sanitary and epidemiological station takes measurements and also records excess noise levels;
• Rospotrebnadzor processes such applications and, if necessary, is present in places where construction rules are violated;
• The district police officer records administrative violations.

• Companies carrying out repairs do not always have all the necessary permits. Find out whether the company has permission to carry out construction work and what kind of work it is allowed to carry out. The lack of documents can be an effective lever of pressure and will force builders to respect your requirements regarding compliance with the law.
• Provide evidence in case you have to go to court. Collect as much evidence as possible about construction work being carried out on weekends and holidays, as well as at times not permitted by law.
• Write complaints to all of the above authorities. For greater clarity, it is advisable to collect signatures from the residents of your building who are also disturbed by noise.

Article 293 of the Civil Code of the Russian Federation provides for the possibility of issuing a warning to a violator of the rights of neighbors by a local government body. If he does not eliminate the prescribed violations, the local administration has the right to go to court and demand the eviction of the offender and the sale of his home at public auction with the subsequent payment to him of the proceeds from the sale minus the damages caused and legal costs.

However, cases of eviction are extremely rare. An administrative fine is most often applied. However, a warning issued by a local government body can become a powerful argument for a violator who does not want to end up in court to respect the rights of neighbors and limit work on weekends and holidays.

Disturbing the peace and quiet of citizens at night

Article 3. Facilities that ensure peace of citizens and silence at night Facilities that ensure peace of citizens and silence at night are: 1) apartment buildings and individual residential buildings, including public places located in them; 2) hospitals, dispensaries and other medical institutions, sanatoriums, rest homes, boarding houses, educational institutions with 24-hour stay for children, premises of boarding homes for children, elderly citizens and the disabled; 3) hotel rooms and living rooms of hostels; 4) local areas; 5) territories of camping sites, motels, recreation centers; 6) territories of horticultural, gardening and dacha non-profit associations.

1. The subject of regulation of this Law are relations arising in connection with ensuring peace of citizens and silence at night.
2. This Law does not apply to: 1) actions of legal entities and citizens aimed at preventing illegal acts, preventing and eliminating the consequences of accidents, natural disasters, other emergency situations, extinguishing fires, carrying out emergency work related to ensuring the safety of citizens or the functioning of life support facilities population, carrying out defense measures (including measures for civil defense and mobilization), ensuring the defense capability and security of the state, protecting public order and public safety, rescuing citizens, eliminating threats to their life or health; 2) actions of legal entities and citizens when they perform religious worship within the framework of the canonical requirements of the relevant faiths; 3) actions of legal entities and citizens due to celebrations on non-working holidays established by law; 4) actions related to the holding of cultural events in the prescribed manner, as well as those related to the holding of mass events due to the celebration of significant events at the federal, republican and municipal levels; 5) actions for the commission of which administrative liability is established by the legislation of the Russian Federation on administrative offenses.

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Police Department No. 5

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