New law on silence: where can you make noise and where to complain?

Repair work on weekends is a stumbling block between neighbors and builders. Some want to hand over the project as quickly as possible, others want to put their children to bed, and just relax after work. The situation is complicated by the characteristics of apartment buildings. For example, in panel houses, due to the location of the slabs, loud sounds resonate and vibrations intensify.

Time when repair work cannot be carried out

What hours and when can you make repairs to your home? How to deal with those who disturb the peace of neighbors? Is it really possible to hold noisy tenants accountable? It turns out that the problem has existed for many years, although there is no general regulation for the entire country. Let's talk about this in the article.

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:

1. Spectrum: tonal (heterogeneous) and broadband (without pronounced tones).
2. Playing time: constant, non-constant, pulsed.
3. Duration of measurement: equivalent (over a long period) and maximum (upper limits).

Law on neighbors

Even without noise, repairs can cause inconvenience to neighbors, because dust and pollution end up on the landing, steps, and entrance. Construction dust flies into the windows. Even more problems are caused by noise, which prevents you from resting late at night and on weekends.

1. All conflicts must first be resolved peacefully. You should talk to your neighbor and calmly express your complaints. We can mention both laws and fines.
2. If this does not help, you need to contact the local police officer and file a statement. Perhaps a visit from a law enforcement official will force the violators to reconsider their behavior.
3. And only if the previous steps have not brought results, you need to go to court.

This is interesting: Low-frequency sounds for noisy upstairs neighbors.

Noise law

Subjects of the Federation independently regulate this area. How long repair work can be carried out depends on the region. For example, in the capital there is a Law “On maintaining the peace of citizens and silence in the city of Moscow.” According to this document, the following rules apply:

1. Night time – from 23 to 7 o’clock;
2. Carrying out repair work is an action that disturbs the peace and quiet of citizens.
3. Performing such actions at night is unacceptable.
4. Repair work can be carried out on Sundays and non-working holidays from 9 to 13 and from 15 to 19 hours.

Important! There is a contradiction in this Law: it is stated that noise cannot be made on holidays and on Sundays, but nothing is said separately about Saturday. However, this day is also a non-working day for most citizens.

Another regulatory act, namely the Code of Administrative Offenses (Code of Administrative Offenses) of Moscow, establishes liability for non-compliance with the above rules. Based on Article 3.13 of the Code of Administrative Offenses, a violator faces a fine of 1–3 thousand rubles, and companies – from 40 to 80 thousand rubles. Cases of this category are considered by the administrative commission of the prefectures, out of court.

Fines for violating the silence law when repeating above

It should be noted that noise is regulated both in the apartment and in the surrounding area. That is, for example, repairs on Sunday are prohibited not only indoors, but also outside (for example, when insulating a facade). Police officers have the right to stop production and impose fines on violators.

The same requirements apply to dormitories and low-rise buildings (for example, cottages for several families). If non-residential premises: office, pharmacy, store, are located in an apartment building, its users are also required to comply with similar requirements.

Litigation due to noise from neighbors

To file a lawsuit against noisy neighbors, you need to prepare a solid evidence base. For this, copies of applications sent to housing and communal services, the owners' association, the local inspector, and the Rospotrebnadzor department will be useful.

Important confirmations will be:

• copies of various statements;
• a completed report on the study of the level of repair noise;
• testimony of other neighbors of the entrance or house;
• audio or video recording indicating the time of the violation.

Themis always stands on the side of respectable citizens, therefore the perpetrators of anomalous manifestations are subject to monetary penalties. If uncooperative neighbors are tenants, they can easily be evicted from the building. However, in case of violation of silence by the owner of the apartment, the punishment is often expressed in impressive fines.

Sample claim for noisy neighbors

An application to the court against restless, noisy neighbors is no different from an ordinary petition. Most often it contains an indication of regulations that are grossly violated.

An example of a claim for the eviction of rowdy alcoholics.

These are:

• Constitution of the Russian Federation, article No. 3;
• Government Decree of January 21, 2006, No. 25 (current version 2021);
• Code of Administrative Offenses Art. No. 20.1;
• Civil Code of Russia Art. Nos. 304-305.

The latter indicate the elimination of violations of the legal rights of citizens.

The claim can be confirmed in writing by other residents of the building, by executed acts of the local inspector, the Sanitary and Epidemiological Station, and Rospotrebnadzor.

However, the court has the right only to oblige the troublemaker to stop his illegal actions, which will affect the restoration of silence at home. But this does not mean that the builder should increase the sound insulation of his thin walls.

Attached documents, state fee

The following official documents will be required for a claim against noisy neighbors:

• the applicant's civil passport;
• previously issued acts of violation, drawn up by various structures;
• copies of previous notices;
• payment receipt for payment of state duty.

The mandatory fee may be within 300 rubles. The exact amount can be calculated using the state duty calculator for administrative and civil proceedings.

Russian legal acts allow partial or full refund of the state duty amount. This is stipulated in Article No. 90 of the Procedural Code. If all the legal demands of the plaintiff are satisfied, he has the right to assign material legal costs to the defendant.

Noise standards

All parameters for the noise level in the apartment are specified in SanPiN 2.1.2.2645-10.

To understand: 45 dB is a normal conversation, and 60 dB is a TV at a volume far from maximum. It turns out that repair work on weekends is illegal , since it will clearly go beyond the established boundaries. Measuring the noise level is not difficult; there are household appliances on sale or you can install an application on your phone.

According to the same capital “Law on Silence”, these requirements do not apply to houses put into operation within one and a half years . It turns out that construction work on a new building is not prohibited even on holidays. To be fair, residents of such facilities receive the least number of complaints to supervisory authorities.

Exceptions

The law on silence in an apartment building in 2020-2021 in Tatarstan does not apply in the following cases:

• carrying out by individuals or legal entities of activities that are aimed at preventing crimes, accidents, natural disasters, emergencies, as well as eliminating their consequences;
• implementation of activities related to the defense capability of the state;
• rescuing citizens and eliminating threats to life and health;
• conducting religious ceremonies within the framework of the canonical requirements of various faiths;
• celebrating holidays on non-working days and holidays, with the exception of the use of pyrotechnics;
• holding coordinated cultural events, as well as events related to significant events of federal, republican and municipal significance;
• committing actions for which liability is provided for by the legislation on administrative offenses of the Russian Federation.

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.

Are there any restrictions during the day?

Quiet hours are not directly established by law in Kazan and Tatarstan. Regional legislation does not provide for any restrictions on listening to music or repairs during the daytime.

Construction work, listening to music and other activities that cause noise can theoretically be carried out at any time during the day. However, there are SanPiN 2.1.2.2645-10 standards, which describe the maximum permissible and safe noise level.

The problem is that these are recommendations for violation of which it is difficult to prosecute. In addition, the standards indicate the range of permissible sound levels in dB, which must be measured and recorded. This is not an easy procedure in practice, so it is difficult to hold people accountable for noise during the day.

Holiday renovations

It is worth remembering force majeure circumstances. For example, the Law “On Silence” for Moscow states that its effect does not extend to the elimination of accidents, prevention of damage, etc. Simply put, if as a result of inaction the harm will be greater than just noise, you can work.

Here are just the most common situations:

1. Liquidation of an emergency (broken pipeline, sewerage, heating system).
2. Restoration of utility networks (including air ducts, power supply).
3. Emergency work related to strengthening buildings and structures.

Emergency work also includes replacing locks, entrance doors, window frames and double-glazed windows, and radiators. At the same time, the presence of valid reasons for noise does not deprive the administrative body of the right to draw up a protocol.

If there is a need to carry out work on a weekend, it is best to agree with neighbors in advance to avoid conflicts. Discuss a time that is convenient not only for you, but also for them.

Moral compensation from noisy neighbors

The plaintiff also has the right to file a petition for compensation for moral damage, which is stipulated by the Civil Code, Article No. 151. Harm can be expressed in physical or mental suffering caused by the illegal behavior of a neighbor, i.e. noise.

These are:

• headache;
• high blood pressure;
• lack of sleep;
• nervous breakdown, etc.

Moral damage must be confirmed by the testimony of neighbors, the housing office, or the owners' association. Its size is based on the mentioned Code, Article No. 1101, and is within the limits of no more than 10 thousand rubles.

What to do if your neighbor breaks the law

Muscovites are lucky: if there is noise in a neighboring apartment, just call “102” - the dispatcher will redirect the call to an authorized organization. The territorial police departments will be in charge of recording the fact of the offense and its further registration. In other constituent entities of the Russian Federation, the procedure is similar, but you will have to seek justice for your neighbor directly from the internal affairs bodies.

In general, the procedure for protecting rights looks like this:

1. Contact the police or management organization by phone.
2. Take measures to record the fact (record it on audio or video, call other neighbors as witnesses).
3. Seek prosecution by writing a statement to the local government authority.

Since the fine for violation is noticeable, their desire to violate the sound regime will disappear for a long time.

Fines

A warning may be issued first. Does the noise continue? Then the owner of the apartment in which repairs are being carried out is issued a fine. Its amount may vary depending on the region and other factors.

In the capital, a civilian must pay up to 2,000 rubles for disturbing the peace of neighbors at night, and an official – up to 80,000 . In St. Petersburg, larger fines are imposed - up to 5,000 and up to 1,000,000 rubles, respectively.

When can repairs be done?

The owner is given three to four months to carry out repairs. Restrictions on the time of work often affect the duration of this period. This issue is especially relevant if the owner of the apartment carries it out on his own.

In the absence of other regional regulations, repairs can be carried out on weekdays. This option is not always convenient due to busy citizens, which creates problems with repairs on weekends and holidays due to the dissatisfaction of vacationing neighbors.

To comply with legal standards for repairs, there are several recommendations :

• Be sure to check local regulations for repair work;
• on Saturday, the recommended start time for noisy work is 10 am, ending at 7 pm;
• if the law allows work to be carried out on Sundays and holidays, starting noisy activities from 8-9 am is also not recommended;
• it is necessary to take breaks during work, especially at lunchtime, so that the total duration does not exceed six hours;
• you need to rationalize the work process and sequence of actions; drawing up a plan or project will help save time, budget and patience of your neighbors.

Separately, there is an agreement with neighbors. Before starting renovations, it is recommended to obtain written consent from all residents. If neighbors have small children, they discuss the optimal time for their lunch break.

Coordination with neighbors and having written permission will avoid many problems. In this case, the citizen is protected from claims as long as he does not violate the agreement. However, it must be taken into account that such an agreement should not go beyond the limits of local legislation.

Example of an agreement with neighbors about the time of repairs WORD 26.00 KB

Sample announcement for neighbors

Can’t figure out which apartment the noise is coming from on your precious day off, or do you want to solve the problem peacefully? In this case, you can place a notice at the entrance asking you to comply with the provisions of the law regulating issues of silence and respect the peace of your neighbors.

There are no strict rules or requirements for writing such an appeal. It can be composed both in an official style and using elements of humor.

So, in

You can include the following information. ⇐

a) address to neighbors (it is best to start with the words “Dear”);

b) a request to repair your apartment at the permitted time (you must refer to the specific article of the relevant law);

c) a warning about a possible complaint to the district police officer or other higher authorities.

The finished advertisement should be printed and hung in the most visible place in the entrance of a residential building or at the entrance to it.