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Relations with neighbors should be friendly, and quarrels over trifles are not appropriate. But few people remain calm if neighbors have piled up rubbish in the common corridor, displaying unnecessary things, strollers and bicycles. The problem is not only that mountains of unnecessary things look unattractive from an aesthetic point of view. Such rubble is dangerous in case of fires; they form a jam and prevent people from getting to windows or exits. From the article you will learn where to turn if the neighbors have littered the common corridor and do not want to make concessions.
Cluttering of a common corridor in an apartment building
In a house where the corridor space is shared, each of the neighbors can place their personal belongings in it. However, often, some residents place too many objects in the corridor, which also have impressive dimensions and violate sanitary standards. As a result of this behavior, the passage becomes cluttered and sometimes it is difficult for other neighbors to even get to the front door of their apartment. Also, incorrectly placed items can make it impossible to fully open the door.
A corridor cluttered with large objects not only causes discomfort in movement and gives the room an unaesthetic appearance, but is also a potential threat to the life and health of all residents for a variety of reasons. From a fire safety point of view, corridor spaces should not contain any things that could impede the free movement of people in the event of evacuation operations. After all, no one is immune from emergency situations.
Such items, which are carelessly dumped in a large pile, can serve as a wonderful place for rats, cockroaches and other organisms to breed and live, which pose a potential danger to the life and health of all neighbors. It can be very difficult and energy-consuming to remove such neighboring residents from the house.
Such situations require intervention and sometimes it is impossible to do without a complaint to the competent authorities.
We solve the problem with a compromise
It is better not to aggravate relations with neighbors and become diplomats for a while. To do this, you can invite them for a cup of coffee and ask them to clean up the common area.
If the corridor is designed for 3-4 families, you can organize a meeting. In the presence of a large number of people, unscrupulous residents will take up the task of correcting and removing the trash. They will simply be uncomfortable in front of people, and they will understand that the request is not the whim of one person.
At the meeting, you can propose ideas for improving the design of the common corridor. For example, organize a separate place for bicycles, and you can also hang them on the wall. You can install a mirror for everyone and put a stand for changing shoes. Suggestions for creating comfort will not go unnoticed.
Written request
It happens that neighbors work and are rarely at home, and it is almost impossible to catch them. The way out of the situation is to create a collective letter outlining requests to restore order. The message is placed in the mailbox or attached to the front door of the apartment.
It is important that as many residents as possible sign the appeal. Make a copy of the document, which will be proof of your efforts to create comfort and the lack of reaction from neighbors. The document is especially valuable if you go to court to solve a problem.
What is the punishment?
For violation of fire safety rules by a neighbor, administrative liability is provided in the form of a warning or a fine in the amount of one to one and a half thousand rubles. But fines for aesthetic inconveniences and problems that your neighbor’s trash causes you are not provided for by law.
Management companies and officials face more serious sanctions. For violation of the rules for maintaining residential buildings, Art. 7.22 of the Code of Administrative Offenses of the Russian Federation provides for liability, which entails the imposition of an administrative fine:
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- for officials in the amount of four to five thousand rubles;
- for legal entities - from forty to fifty thousand rubles.
Fine amount
The amount of payments varies depending on the violation and the authority:
- Fire inspection - up to 4 thousand rubles. For repeated violations, the fine increases. However, for the first time they can get by with a warning.
- Rospotrebnadzor - up to 1 thousand rubles.
- Court - depending on the specific claim.
- For organizations – up to 40 thousand rubles. The same applies to the Management Company, which maintains the house, but ignored the complaint.
- For a manager – 5 thousand rubles.
Common area - entrance, landing, vestibule, apartment hall, etc. – should not be blocked or cluttered due to sanitary and hygienic standards and fire safety regulations.
First of all, the issue is resolved peacefully. In case of refusal, complaints are sent to the appropriate authorities. Judicial practice says that the overwhelming majority of such cases end in favor of the plaintiff, but, as a rule, a simple notice is enough for the careless neighbor to remove the common corridor or landing.
Sources
- https://prososedey.ru/v-kvartire/sosedi-zahlamili-obshhij-koridor-chto-delat.html
- https://leydi-prelest.ru/semya/sosedi-zahlamili-koridor.html
- https://orenbti.ru/drugoe/chto-delat-esli-sosedi-zahlamili-obshhij-koridor.html
- https://Yur01.com/zkh/kak-zastavit-sosedey-ubrat-veschi-iz-obschego-koridora
- https://ukaz.wiki/nedvizhimost/sosedi-zahlamili-obshhij-koridor-chto-delat
- https://bytrf.ru/sosedi/chto-delat-esli-sosedi-zahlamili-obshchij-koridor.html
- https://allo-urist.com/kuda-zhalovatsya-esli-sosedi-zahlamili-obshhij-koridor/
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What measures can be taken?
One of the problems of apartment buildings is the cluttering of common areas with construction waste, old furniture, baby strollers and other things that interfere with passage. Such objects make up the entrance to the basement, steps on the stairs, interfloor areas, and rooms near apartments.
There are four ways to influence neighbors:
- Peaceful conversation. Politely and as friendly as possible, ask your neighbor to remove the displayed items.
- Writing an application to the management company. If a neighbor does not make contact or refuses to remove things, you can write a statement to the Criminal Code asking them to take action. You can attach a photo of the piles in the common area to your application.
- Contact the Ministry of Emergency Situations. If the management company has not taken any measures or their methods do not work on the neighbor, you can contact the Ministry of Emergency Situations. This method involves the imposition of penalties on the violator of the Fire Safety Rules.
- Returning junk to the owner. Moving all your belongings under your neighbor's door can help.
You should be more careful with the last method. If you damage your neighbor's property, he may demand compensation from you or even bring you to administrative liability for arbitrariness.
Is it possible to store things in the common corridor?
The legislator clearly speaks about the common property that is located in the house. It belongs to all residents on the right of common ownership. By the way, this applies not only to the territory on the floor, but also to stairs, technical rooms, elevators and even the ground on which the house stands. But this total area is proportional to your personal area located in this house.
Please note that it is not always worth complaining somewhere if neighbors litter the common corridor or create a dump. Things should block the passage and be constantly on the landing.
Lawsuit
An extreme measure to combat a cluttered common area is to file a lawsuit in court. It is best for it to be collective, drawn up on behalf of all disgruntled neighbors.
In this case, copies of letters that were sent to homeowners whose garbage and belongings interfere with the passage and turn the corridor into a dump will come in handy. In addition, it is worth enlisting the support of all authorities to which written appeals were submitted.
By presenting all this evidence, obtaining testimony and providing photographs of the general area, there is every chance of winning the trial.
In this case, careless neighbors, according to the court, will be required to remove all their belongings from the corridor. Although practice shows that just a notice of a summons to court is enough for the premises to be cleaned.
Causes of conflicts
According to the norms of the Housing Code of the Russian Federation, common premises in apartment buildings can only be used with the consent of neighbors, provided that the placement of things in them does not contradict sanitary standards (SanPiN 2.1.2.26.45-10) and fire safety (Ministry of Emergency Situations Order No. 313). Often, residents do not follow the rules and do not take into account the opinions of other residents. As a result, corridors, vestibules and other common areas are filled with various objects, including bulky ones, which creates problems and inconvenience for residents and can lead to emergency situations.
Garbage piled up in a heap contributes to the appearance of rats, mice, cockroaches and other living creatures in the house, which easily penetrate into apartments. It can be very difficult to remove rodents and harmful insects. In addition, there is a pile of things in the corridor:
- creates an increased danger - the risk of fire increases, which can lead to a full-fledged fire;
- blocks access to apartments and doors of other premises;
- contributes to the formation of congestion during the evacuation of citizens, when time counts by seconds;
- interferes with the work of public utilities or firefighters in the event of an emergency.
Where can I complain about noisy neighbors?
The procedure should be as follows:
- Initially, it is worth trying to solve the problem through peaceful dialogue and trying to appeal to the reason and sense of conscience of people. If this does not lead to a positive result, then you should move on to step 2.
- Appeal to the district police officer (a sample application to the district police officer regarding noisy neighbors is here). You need to draw up an application and give it to a specialist, after reviewing it he will take appropriate measures. Moreover, if rowdy behavior occurs with the consumption of alcohol at night, then the district police officer can be called directly to the scene of the incident (a sample statement to the district police officer about the drunkenness of neighbors is right here).
- If the local police officer does not help in solving the problem, you should contact the prosecutor's office.
- For some reason, the above specialists may not help, then the application should be submitted directly to the court.
At the same time, it is worth separating the reasons why noise and inconvenience occur. Different measures can be taken in different cases. More information about this is provided below.
Where can I complain about neighbors who are noisy at night?
If neighbors disturb the silence at a time when noise is prohibited by law, for example, at night, then this is a reason to receive a serious fine in accordance with the administrative code. A similar fine can be determined by the local police officer or other police representatives if you file a complaint against your neighbors for noise. The fine can range from 1,000 to 80,000 rubles.
If the action is repeated several times, the fine amount will increase each time. In case of persistent violation of order or refusal to pay the established amount of money, neighbors may be subject to 15 days of arrest.
If the case goes to court, the neighbors will have to pay a significantly larger amount of money.
Where can I complain about neighbors littering the common corridor?
The staircase and corridor space is common to the house and can be used by any resident.
However, often some citizens simply clutter this space in such a way that it becomes impossible to pass. Often, all the trash is not only an obstacle to getting through, but also affects the environmental and fire safety of citizens. In such cases, you can file a complaint with the following authorities :
- management type company;
- Fire Department;
- Rospotrebnadzor;
- Judicial authority.
They will review the complaint and take appropriate action to resolve the issue.
Where can I complain about neighbors who rent out an apartment?
Another problem that may arise with neighbors is their replacement by even more unpleasant individuals to whom the apartment is rented. In this case, a complaint can be filed if it is determined that the tenants are living on the property illegally.
Such issues are regulated by the Civil Code. If neighbors rent out their space to someone, they must pay the appropriate tax to the state treasury. If this does not happen, then this may result in a fine being issued.
Taking into account all of the above, owners who want to rein in their neighbors in this matter should be guided by such a scheme:
- Provide evidence of illegal rental of residential space. Bank card statements may be suitable. In this case, the testimony of other residents will not be suitable as evidence. If the tenants are illegal citizens, then contacting the FMS will help quickly solve the problem.
- Initially, the application should be written and taken to the local police officer.
- If the above action does not help, then you should contact the prosecutor's office.
- In addition, citizens have the legal right to contact Rospotrebnadzor, the Sanitary and Epidemiological Station (if the apartment is rented to different persons every day) and the Federal Tax Service.
It is recommended that you keep one copy of the submitted complaint for yourself. It is important to provide such copies when contacting subsequent authorities when the first did not help in resolving the issue. We have already written about how to evict neighbors’ tenants in a separate article.
Where can I complain about my neighbors doing renovations?
If someone's repair is inconvenient (for example, it seems too strong and gives a constant headache), but it is carried out using standard tools and within the hours established by law, then somehow it will not be possible to hold the person accountable, because there is no violation of the law. With this option, you can only come to something through direct dialogue with a person.
If a person carries out repairs during hours prohibited by law, then you can contact the local police officer. More often than not, this measure is quite enough to appeal to the conscience of the neighbors. But sometimes it happens that the local police officer reacts slowly or the neighbors were able to fight him off with a bribe. In such cases, you should contact the prosecutor's office. If you need a sample application to the prosecutor's office against neighbors, go here.
Law
Littering the common corridor, apartment hall and other public places in the building, in the long term, poses a great threat. And the point here is far from being a matter of other people’s dissatisfaction with the tenant. This poses a direct threat in the event of a fire.
Any tenant, along with his neighbors, has the right to place certain items in common areas. Things can be stored in the common corridor, but they should not obstruct passage.
Basic information that regulates the rights and obligations in the issue under consideration is contained in the following regulatory documents:
- Federal Law “On Fire Safety” dated December 21, 1994 N 69-FZ. In particular, he says that arranging closets and placing things on landings is prohibited. For fire safety purposes.
- Decree of the Government of the Russian Federation of August 13, 2006 N 491 “On approval of the rules for maintaining the common property of an apartment building.” According to the document, a citizen can complain about a neighbor littering a stairwell or other common space. As a rule, claims are accepted by the management company or housing and communal services.
- Code of Administrative Offenses or Criminal Code of the Russian Federation . These documents are aimed at suppressing illegal actions and paying a fine.
Legal documents do not provide for any penalties for an unsightly or unaesthetic appearance. This issue is decided in court and is extremely subjective.
Legislation on the use of common premises
In relation to premises in common use by residents of apartment buildings, the following rules apply:
Table 1. Laws on the procedure for using common areas of apartment buildings
Rules for the maintenance of common property, approved by Government Decree No. 491 of August 13, 2006 | They regulate the composition of common property in multi-apartment buildings, the purpose of individual premises, requirements and control over the maintenance of territories |
Article 36 of the Housing Code of the Russian Federation | The procedure for the use and adoption of decisions by the general meeting of owners of apartment buildings on the use of common areas in the premises has been established |
Article 110 of the Housing Code of the Russian Federation | Status of housing and housing construction cooperatives, responsible persons for the maintenance and management of the house, including common areas |
Federal Law No. 214 of December 30, 2014 “On participation in shared construction” | Determines the right of joint ownership of apartment owners to common areas, distribution of shares of ownership of premises in common use, procedure for use |
Source: regulatory framework Consultant
Where common areas in apartment buildings are usually cluttered
Probably, each of us has had experience in “overcoming obstacles” during the journey from the entrance to the entrance of an apartment building to the apartment we need.
By obstacles, we perfectly understand the rubbish that residents threw from their apartments into the common area of the house.
Littering of common areas in an apartment building now happens very often.
Citizens most often leave behind the following unnecessary items:
- bags of cement and other construction mixtures, sand;
- waste after renovations in apartments (old windows, doors, partitions, plumbing fixtures, etc.);
- old unnecessary things;
- vegetables for winter storage in common converted corridors;
- other items.
The following places are most often cluttered:
- entrance to the basement from the entrance;
- steps on staircases;
- intermediate interfloor turns;
- areas near apartments.
As you can see, this list contains almost all premises that are not located in apartments.
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Cluttering the corridor
Entrances are a common area, but this does not mean that everyone can place things in them. As for the common corridors of several apartments, residents usually agree on what things can be placed and in what quantities. Often disputes cannot be resolved peacefully.
If you look at the housing complex of the Russian Federation, you can read that common spaces in apartment buildings can only be used with the permission of neighbors and provided that the placement of things does not violate fire safety requirements and standards.
When a neighbor is dissatisfied with storing things in the entrance or common corridor, this is against the law. Littering a common corridor in an apartment building is a serious problem and becomes the cause of irreconcilable hostility. At first the neighbors try to come to an agreement peacefully, but then they begin to take action.
With a statement and photographs of the corridors, the resident of the house can contact various organizations, from the management company to the court. Neighbors begin to evade receiving orders and fire inspections, but if they received a warning twice, they face a fine.
In most cases, simply having a nice conversation with your neighbors is enough. Many people simply do not understand that fire safety rules are written in blood.
Pile of things in the hallways:
- Is very dangerous and increases the risk of fire;
- Contributes to the formation of congestion during the evacuation of people, when minutes count;
- Leads to rapid spread of fire;
- May block access to windows;
- Interferes with the work of firefighters.
The area of the common corridor and entrance in an apartment building is not a place for storing bicycles and strollers, construction waste, a large number of flower pots, unnecessary closets and other things. And every owner should know where to turn if neighbors litter the common corridor and are not ready for dialogue.
What to do if neighbors litter the landing?
Everyone knows the rules of living in an apartment building. Neighbors should not make noise at certain times of the day or litter. They are required to maintain cleanliness and smoke only in designated areas. Compliance with the rules contributes to the establishment of peaceful relations with neighbors.
When people are faced with neighbors littering their stairwell, they have no idea what to do. It would seem, well, who can bother with a baby stroller? But if several bicycles and old window frames join it, it is impossible to pass. First, talk to your neighbors in a friendly manner, ask them to remove things that are disturbing the other residents.
If conversations with neighbors do not help, you need to call special services and draw up a report. The algorithm of actions is determined at a general meeting of residents. Typically, all residents begin their actions by calling a representative of the management company. To do this, you should write a written application addressed to the head of the company or HOA, then sign the act drawn up by the commission. The homeowner will receive a fine.
Practice shows that much larger fines are assessed when calling the fire inspectorate or the Ministry of Emergency Situations.
Punishment of violators
For failure to comply with safety regulations, the violator will be held accountable.
For such an offense, a citizen faces an administrative fine.
However, the first time they give only a warning and only if they repeat, a fine is imposed. The size of the sanction ranges from one thousand to one and a half thousand rubles.
If the offender is a management company, the fine for such illegal actions will be increased:
- the amount of the fine for a legal entity exceeds 40 thousand rubles;
- The fine for a person holding a leadership position is 5 thousand rubles.
Remember! The sanction for violating safety rules is specified in Article 7.22 of the Code of Administrative Offenses.
Solving the problem peacefully
When using common property, citizens often have conflicts. In such situations, the parties should try to resolve the dispute peacefully.
When neighbors block the passage, you should ask them to remove things from areas that are common.
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You should be polite when communicating. It is prohibited to insult or threaten a citizen, as this may be perceived as a violation of human rights to honor and dignity. Usually, most people immediately put away their things after the dialogue, because when leaving objects in the corridor, they do not think about the fact that it will disturb someone.
If the violator promised, but did not take any action, then the residents should contact everyone together. Residents should not crowd to the violator; it is better to write a collective complaint. Or only one person can represent the interests of all residents.
When drawing up a claim, applicants must clearly define the requirements; they must not contradict each other.
It is also advisable to indicate in the complaint the possible consequences of ignoring the presented requirements. It is better to leave the application in the mailbox or hand it to the offender. In this case, the tenant will understand that his actions violate the rights of others. To prevent such disputes from arising again, owners should get together and discuss the rules for using common property.
For example, they can create a list of items that can be left on sites. By resolving a conflict peacefully, people save their time and money. In addition, this approach to resolving disputes will help maintain peace between neighbors.
Some owners take drastic measures in such situations: they move objects closer to the offender’s apartment, block his passage with his own garbage; such methods do not violate the laws and are very effective. However, relations between neighbors deteriorate greatly after this.
Appeal to the Criminal Code
If the violator does not want to make contact and does not comply with the neighbors’ requests, they should file a complaint with the management company or the chairman of the building council.
It is recommended to file a complaint directly with the service organization, since the chairman cannot take any action against the violator. He can only talk with the violator and warn about the consequences that further violations will lead to.
Important! The task of the management company (MC) is to maintain apartments and maintain common property. In this regard, she is obliged to monitor order in the corridor and on the staircases. If one of the apartment owners litters common areas, then the neighbors should contact the Criminal Code with a written statement.
The statement must describe the offender’s reaction to requests to remove the garbage (ignores requests, expresses aggression, etc.).
The application must also be accompanied by evidence:
- photographs of rubbish on the site;
- video and audio recordings of oral address.
Employees of the organization that services the house are required to consider the application and take action. Once the request is received, they will conduct an inspection.
If the arguments specified in the complaint are confirmed, then the employees of the Criminal Code will draw up an act. Along with a copy of this act, the violator will be sent a request to remove waste from the common area.
In case of failure to comply with the request of the authorized person, the management company employees may initiate legal proceedings.
ATTENTION! Look at the completed sample claim in the Criminal Code:
Complaint to the State Property Committee
The management company cannot disconnect the offender from the public networks or evict him due to littering of the common area, therefore, when the tenant ignores the requests of neighbors and the requirements of the Criminal Code, the victims should contact the Housing Inspectorate.
The application form to the Housing Inspectorate can be downloaded here.
You can also file a complaint with this body about the inaction of the management company’s employees. In this case, a fine will be imposed on the guilty persons.
- The complaint form to the Housing Inspectorate for the Criminal Code can be downloaded here.
- The period for consideration of citizens' complaints in the Housing Inspectorate is 1 month.
- Watch the video. What to do if neighbors litter the corridor or landing:
Contacting the fire department
According to safety rules, it is prohibited to block and litter the common corridor and staircase landing, since in the event of a fire or other emergency, the rubbish will interfere with evacuation.
Obstacles are mainly created by large items: furniture, building materials, equipment, vehicles, etc. Most often, people create a mess in the corridor during renovations.
However, after finishing the work, they independently clear the passage. But there are some residents who keep various broken furniture and equipment in the hallway all year round, which greatly complicates movement.
And in this case, the neighbors cannot do anything, because if they throw out this trash, the owner can hold them accountable for a crime against property.
Please note! In such situations, apartment owners should not touch other people’s things (move them, throw them away). They need to record their location on camera and contact the fire department with evidence. The request must be made in writing.
The fire inspectorate does not have the right to refuse to accept an application drawn up in accordance with all the requirements of the law and submitted by a fully capable person, since the duty of the fire inspectorate is to monitor compliance with fire safety rules. The application can be written collectively, but submitted by only one tenant. Along with your application, you must submit photographs of the cluttered area. And in the application it is important to indicate the period during which the corridor is in this condition.
Immediately after receiving a complaint, within several days, service workers are required to go to the address. If a violation of safety rules is established, an administrative fine of 4 thousand rubles will be imposed on the resident.
Usually after this, many citizens stop littering the common corridor. But there are often cases when even this punishment does not bring results. In this case, residents should contact the fire department again. For repeated violations, the amount of the fine increases.
ATTENTION! Look at the completed sample complaint against neighbors to the fire department:
Complaint to Rosportebnadzor
Residents whose rights are violated can contact Rospotrebnadzor, since one of the tasks of this body is to monitor compliance with sanitary and hygienic requirements, which are mandatory for all legal entities and individuals.
Littering a common area can lead to the appearance of mice, rats, cockroaches, bedbugs and other parasites that are carriers of diseases.
The Sanitary Rules and Standards state that littering stairwells, basements and corridors is prohibited. For violating these norms, a citizen will be fined 1,000 rubles.
Of course, this amount is insignificant, but if complaints are filed with several authorities at once, the total amount of the fine will be rather large, and this will most likely have an effect on the unscrupulous tenant.
ATTENTION! Look at the completed sample complaint to Rospotrebnadzor against neighbors:
Complaint to the district police officer
If the violator ignores the demands of neighbors, does not make contact and avoids meeting with officials, then the complainants will have to contact the local police officer.
The district police officer must issue an order to eliminate the offense. Ignoring this instruction will be regarded as disobedience to a police officer, and the persistent violator will be held accountable for this.
The complaint form to the district police officer against neighbors can be downloaded here.
Going to court
If all the attempts made have no effect, the owners can only file a lawsuit. In such situations, the statement of claim should be drawn up on behalf of all neighbors.
The rules for drawing up and filing a claim are specified in the Civil Procedure Code of the Russian Federation. Failure to comply with the requirements for filing a claim may result in refusal to accept it, so the claim must be drawn up carefully and competently. It is best to do this according to a sample; you can obtain it from the office of the judicial authority.
Sample act of residence from neighbors.
The claim must be formatted as follows:
- on the right side of the document, valid information about the judicial authority (name, address), about the applicants (full name, address, contacts), about the defendant (full name, address, contacts) must be indicated;
- Before making demands, it is necessary to briefly describe the entire situation: when the neighbor first violated the rights of other residents, how he responded to the demands, to which authorities appeals have already been submitted, what measures have been taken by government authorities;
- after this, references should be made to regulations and evidence;
- at the very end you need to indicate the requirements;
- Below the text you must list the documents that are attached to the claim.
- The claim must be signed by the applicant, and it must indicate the date of submission.
- It is recommended to attach to the statement of claim all claims that were sent to the violator, responses to them, copies of written appeals to government agencies and photographs.
- The claim and all papers are submitted to the district court at the place of residence of the plaintiffs and defendant.
- ATTENTION! Look at the completed sample claim to court against a neighbor:
How to file a complaint about noisy neighbors to a local police officer?
Making a complaint
Complaints submitted to government agencies must be properly formatted.
They are required to indicate:
- name of government agency;
- information about the offender and the applicant;
- the place where the offense was committed and the essence of the unlawful act;
- requirements;
- date of filing.
The complaint must be double-checked several times before submission, as it should not contain any typos or errors.
How to prevent clutter
The management company should carry out educational activities from time to time to prevent littering.
To this end, workers must periodically hold general meetings, post notices in the entrances with warnings, and maintain cleanliness in the apartment building.
- Residents, in turn, must promptly remove things left in common areas, and if they detect violations by neighbors, they must report this to officials.
- Watch the video. How to write a complaint correctly:
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Where can you complain about noisy neighbors - all authorities
Residents of apartment buildings often face a situation where neighbors are noisy and do not allow those around them to rest. In this case, you can complain about them, since we are talking about a violation of the Law on Silence. Where can I file a complaint to prevent noise in the future?
The legislative framework
Federal Law No. 52 of March 30, 1999 “On the sanitary and epidemiological welfare of the population” contains a section on silence. Based on this law, you can defend your rights if they are violated. You can be fined for exceeding the permissible noise level of 40 dB between 7:00 and 23:00. At night, the readings drop to 30 dB. Each region can have its own time periods.
You can be fined for the following:
Loud screams and conversations.- Use of explosives.
- Repair work at inappropriate times.
- Deliberate use of a car alarm.
- Noisy household appliances, such as an electric meat grinder, vacuum cleaner.
- Animal sounds provoked by owners.
Where to contact?
If your neighbors are noisy, you can first contact them directly. Perhaps they don't think they're bothering anyone.
If this does not have any response, you can contact one of the following authorities:
SES | Upon request, a specialist arrives to measure the noise level. Based on the results of his work, he draws up a report. |
District | According to the application, he is obliged to visit neighbors to clarify the circumstances of the case and warn. In most cases this is enough. |
Court | This is an extreme measure that is resorted to if other methods have failed. |
If tenants are making noise, you need to contact the apartment owner. It can influence the situation if the residents actually disturb the peace of the neighbors. If tenants live illegally and this is known, you can contact the local police officer or the tax office. In the latter case, an inspection is ordered, according to the results of which the owner has to pay a fine.
To the management company
If you do not yet intend to involve the authorities in solving the problem with your neighbors, you can contact the management company. But it is important to consider that she is not obliged to resolve conflicts between residents . The appeal may have an effect if the complaint is collective.
An employee of the management company will help in drawing up an appeal to a higher authority. He can also support residents with additional assistance.
SES and Rospotrebnadzor
If you can prove that your neighbors are violating the conditions of sanitary maintenance of housing, you can contact these authorities.
Photo and video recording will not be superfluous. An additional advantage is an earlier contact with the police, a copy of which must be attached to the application. This indicates that the problem is ongoing and cannot be resolved, resulting in the situation requiring further consideration. As a result, the following actions are carried out:
- A specialist comes to the site and takes measurements.
- An examination report is being prepared, which can be used in the future.
- Neighbors are ordered to correct the violations. Additionally, penalties are imposed.
Is it possible to contact the administration?
The local administration should be contacted only if the offender’s apartment is municipal and the tenant is a tenant under a social tenancy agreement. The owner is obliged to correct the situation. If no measures work, troublemakers may be evicted.
An application is submitted to the administration describing the problem and a request to take action. The answer is given within 30 days. During this time, measures must be taken. If no action is taken, you can submit a second appeal indicating that if the situation is left without investigation, a complaint against the administration will be sent to a higher authority.
To the police
This is where you should contact if noise occurs at night. You can contact the local police officer or call the police. The main responsibility of the district police officer is to resolve the housing conflict at the initial stage. The police may issue a fine upon arrival.
To the prosecutor's office
You should contact the district prosecutor's office in cases where other authorities do not take real action. Complaints to the police, SES, Rospotrebnadzor or administration are attached to the appeal.
The prosecutor's office investigates the complaint within 15 days. In difficult cases, its period can be increased to 30 days, which will be additionally reported. The result of the inspection is control and punishment for the noisy neighbor, and negative consequences for officials.
To the district court
If all measures have been taken, and neighbors continue to disturb the peace, you can go to court. The statement of claim must be filed with the district court located at the location of the house. The statement describes in detail the measures taken and requests that the situation be resolved. Applications and responses from various authorities are used as applications.
If the decision is positive, the offender will pay compensation for moral damages and fines. The judge warns that in case of failure to comply with the court decision, the violator may be evicted from the occupied apartment, if it is municipal.
How to file a complaint?
It can be individual or collective.
In the latter case, the signatures of all those dissatisfied are affixed. It is more effective, since it eliminates the personal hostility of one person to another and has more serious grounds.
The complaint must be in writing and must include the following information:
- Name of the organization to which it is submitted.
- The applicant's full name, place of residence and contact details.
- Description of the situation indicating the specific person violating the rights.
- It indicates how often the violation of rights occurs with reference to laws and sanitary standards.
- The date and signature are affixed.
Important! The complaint must contain information about how you tried to influence the behavior of your neighbors. The conversations and their results are presented. It concludes with a requirement to take action and report the results. Without this, the application will not be considered.
What are the dangers of noise?
If a regular violation of silence is detected, an order to eliminate the violations is issued.
Additionally, an administrative fine is established:
- 1000-2000 rubles for citizens.
- 4000-8000 rubles for officials.
- 40,000-80,000 rubles for organizations.
Thus, in the case of regular noise from neighbors, residents do not have to endure it. They can complain to various authorities, which are obliged to take action.
The video will tell you where to go and what to do if your neighbors are noisy
Lawyer Anisimov Representation and defense in court
The use of residential and non-residential premises by those living in the house, as well as common areas, is carried out taking into account the fire safety requirements in the Russian Federation, approved by the order of the Ministry of Emergency Situations of Russia dated June 18, 2003. No. 313. Fire safety regulations are mandatory for all residents of the house 2.2. Rescue and fire-fighting equipment must not be damaged or used for other purposes.
The culprit of equipment damage is obliged to compensate for the damage caused.
2.4. It is prohibited to store explosive, flammable and combustible substances in apartments and basements, as well as to place them on stairwells.
2.5.
If a neighbor has taken construction debris into the stairwell and refuses to clean it up.
No one will constantly look after the things on display, and careless handling of fire by children or hooligans can lead to a fire. Fire is becoming a common problem that can not only cause enormous material damage, but also take someone’s life.
Responsibility for violation of fire safety rules is established by Art. 20.4 Code of Administrative Offenses of the Russian Federation.
- imposition of an administrative fine: - on citizens in the amount of one thousand to one thousand five hundred rubles; - for officials - from six thousand to fifteen thousand rubles; - for legal entities - from one hundred fifty thousand to two hundred thousand rubles.
- Warnings
2. Such actions violate the rules for maintaining residential buildings.
- maintenance (scheduled and unscheduled inspections, preparation for seasonal operation, routine repairs of structural elements and engineering systems and home equipment);
- capital
Rules for maintaining apartment halls
The order on the floors depends only on us residents, on caring for the common property.
1.) Do not place Construction and Household waste in the apartment hallways.
Littering common property, including floors, and placing household and other garbage is STRICTLY PROHIBITED by both regulations and Sanitary Standards.
Let's not turn our houses and floors into a real garbage dump.
In relation to persistent violators who constantly put garbage outside the door, acts will be drawn up and this offense will be recorded, for subsequent transfer to the Housing Inspectorate and Sanitary Authorities, to bring the violators to administrative responsibility, or simply to fines.
2.) Keep the halls themselves clean so that our houses do not turn into one big garbage dump.
Sources
- Gromakovsky, Alexey 3 in 1. Everything you need to pass the traffic police exam: traffic rules, tickets, driving with changes for 2021 / Alexey Gromakovsky. - M.: Eksmo, 2021. - 251 p.
- Alexander Ivanovich Chuchaev Criminal legal problems of protecting power (history and modernity). Monograph; Prospect - M., 1993. - 155 p.
- Yuri Valentinovich Pinkin Insurance and receipt of insurance payments; Knizhkin House - M., 2012. - 187 p.
- Sochivko D.V. The subconscious of a terrorist; Cogito-Center - M., 2006. - 907 p.
- Timofey Nikolaevich Radko Theory of state and law in schemes and definitions; Prospect - M., 1990. - 568 p.