Neighbor's air conditioner interferes with sleep, what should I do?
Air conditioning in an apartment building causes a lot of inconvenience to neighbors during the hot season.
As you know, windows are almost always open and the noise this equipment makes greatly disturbs night sleep. If its noise at night exceeds 60 dB, you should contact the housing inspection. The municipal commission must consider the appeal and determine the existence of an administrative violation, based on regulations at the regional level.
There is no need to respond to noisy neighbors in kind and, out of spite, play loud music, plow through walls and shout, and even more so use physical force. Such methods will place you among the ranks of offenders, which entails some responsibility.
Noise as an irritant and its effect on people
Scientists have proven that noise poses a health hazard. It causes a number of different diseases such as hearing loss, deafness, people begin to suffer from insomnia, as well as cardiovascular disorders, all of which are a consequence of the effects of noise on the body. To test vibration, you can contact our EcoTestExpress laboratory.
Under the constant influence of noise, the pulse and breathing may increase, and the psyche may be disturbed. Scientists have also proven that a person’s exposure to noise causes his aggressiveness. A person cannot get used to noise; it also reduces efficiency and productivity. Recent studies have shown that greater sound intensity can also cause various pain sensations. Therefore, when coming home, each of us just wants to be in silence, without being distracted by annoying sounds.
Measuring the noise level in an apartment
The most common problem for large apartment buildings is noisy neighborhoods, which can cause great inconvenience.
And what is important is that knowledge is needed specifically to solve the problem in accordance with the law. Therefore, below we will deal with this issue
One of these provisions is that your neighbors can make noise in the apartment from 9 a.m. to 11 p.m. In this case, the noise should not exceed 40 decibels. And this figure can be easily determined using a special device.
As for the night time, noise in a residential area should be limited to 30 decibels. But again, it’s worth initially clarifying this issue with the local administration.
How much noise can you make in your apartment and what should you do if your upstairs neighbors disturb your peace?
It’s good if people living in adjacent apartments follow the rules of behavior and try not to disturb their neighbors too much, but if lovers of noisy celebrations and loud music live nearby... Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual.
If you want to find out how to solve your particular problem, contact a consultant: Based on the simplest technical principles, then noise from neighboring apartments, both above and below, should not disturb the peace at night, that is, from 11 p.m. and until 7 a.m. During the day, neighbors have the right to behave as they please, including making noise, practically legally, so there is nothing to do here, you will have to put up with it or try to come to an agreement with them in personal contact. Officials can be fined in the range of 10-20 thousand rubles.
When is noise allowed?
Regional regulations on silence establish exceptions to the general rule. Among them:
- measures to apprehend the criminal;
- emergency (fire, flood, hurricane, explosion);
- actions aimed at preventing an emergency situation or eliminating its consequences;
- holding public events (New Year's celebrations).
In addition, it will not be possible to hold neighbors accountable if the noise is explained by the residents’ activities (snoring, steps, children’s crying).
Where should I go if my neighbors’ children are constantly crying, making noise, or running around?
What should you do if your neighbors are making repairs that are very noisy and drill every day?
Permissible noise standards by law
The list of sanitary standards contains separate items regarding the permitted noise level. According to it, it is prohibited to exceed noise levels by more than 40 decibels during the day, and by 30 at night.
In regions, the rules may differ slightly, but for the most part everyone is subject to the same laws. You cannot make noise after 22:00 and before 07:00 (or until 09:00).
The noise of the music
It is important that the noise from music does not exceed 30 decibels - not only at night, but also during the day. On holidays, when you want to play your favorite songs at full volume, it is also prohibited to exceed this norm.
If the rule is followed, then listening to music is allowed all night long.
Repair work
The noise of neighbors' renovations causes many times more discomfort than the sounds of music or TV. A set of rules regarding repairs has been created. In simple terms, they boil down to the following:
- The duration of repairs without interruption should not exceed 6 hours. During this time, you must take at least 1 break, no less than 60 minutes;
- Construction work is prohibited from starting before 09:00, and must be completed before 22:00;
- any work accompanied by noise is prohibited both on official holidays and on weekends;
- without special permission from the authorities, construction work cannot be carried out for more than 3 months in a row;
- tools that create noise of more than 40 decibels are prohibited for use.
Before carrying out repairs, ideally you just need to calmly talk with your neighbors and explain how long the process will take. A simple human conversation can save you from many grievances and disputes.
Noise level measurement
Words alone are not enough to accuse your neighbors of being too loud. Modern instruments help determine noise levels.
Professional sound level meter
Simple budget sound level meters, which cost about 3,000 rubles, show very inaccurate data that cannot be relied upon when studying noise. Real professional instruments cost many times more, and for the sake of one measurement there is simply no point in buying them.
Still, if there is such a sound level meter, then it is important to remember that if it shows 0, this does not mean silence. The number 0 means that it does not perceive this range - for example, the noise level for the device is prohibitive, and it will show the zero mark
Programs and applications for noise measurement
To take measurements, you will need a program or application, as well as a high-quality microphone. You can connect a purchased microphone to a desktop computer. Smartphones and laptops have it built-in.
There is a convenient Smart Tools application for smartphones. The only thing to consider is that smartphones have lower quality microphones, which usually reduces the accuracy of sound measurements by about 5 decibels.
A few more programs:
- for Windows: Decibel Meter Pro;
- for Android >
Call a specialist
If you violate the rules, you can contact the Housing Office
It is important to understand that neighbors are not obligated to open the door for them, and may refuse to talk. And the employees themselves have the right only to issue a warning
Contacting the police and prosecutor's office is another option to influence noisy neighbors, however, these law enforcement agencies are also only able to issue a warning and record the call.
Contact Rospotrebnadzor
To measure noise, it is best to contact Rospotrebnadzor. After the procedure, this organization will give you a document that will be a powerful argument during the trial.
To send an employee, you need to write an application. The examination is carried out at a time when neighbors like to make noise.
When Rospotrebnadzor refuses to provide an examination, you should turn to independent experts. The main thing is to check the documents and license for the right to engage in this activity. Otherwise, the statement will not be valid during the trial.
Algorithm of actions
As practice shows, holding neighbors accountable for noise is not easy.
No. | Positive examples in judicial practice |
1 | When removing sound insulation from the floor |
2 | In case of illiterate redevelopment |
3 | When installing the air conditioner |
4 | When a dog barks or howls |
Therefore, there is no need to be afraid to go to court. Perhaps your situation will be the exception to the rule. However, all successful processes have a common factor in common: proper preparation.
Let's consider the procedure for holding neighbors accountable:
- Noise level measurement.
- A gathering of like-minded people.
- Call the local police officer.
- Obtaining information about bringing the perpetrator to administrative responsibility.
- Going to court.
How to measure
Self-measuring the noise level “by eye” is not enough to bring liability.
In 2021, you can use the following methods:
- purchase a sound level meter;
- install a special program or application on your mobile phone;
- call a private specialist;
- contact Rospotrebnadzor.
Before purchasing a special device or contacting specialists, you need to conduct a simple test. It is believed that a human voice in normal timbre (not a whisper, but not a scream) is equivalent to 40 dCb. But this is an approximate figure. If the sounds from the neighbor's apartment are louder, then it is possible to involve specialists.
Sound level meter
In 2021, every citizen can buy a noise meter. The budget version of the device will cost from 800 rubles. Professional – much more. You can order a household sound meter through online stores.
However, the readings of such a device will not be taken into account as evidence. Since the study must be carried out by a specialized licensed organization.
Therefore, you can purchase a sound level meter, but for personal use. The result will not be considered evidence at the administrative commission or in court.
By the way, the accuracy of such devices is highly questionable. If the device cannot detect the frequency, it shows a negative result.
Programs and applications for measuring noise levels
Another option for personal use is specialized computer programs or phone applications. Their results will also not be accepted as evidence.
However, the result may indicate whether it makes sense to call a specialist. Or an increased noise level is a subjective perception of a citizen.
To use an application or program, the equipment must have a working microphone. The gadget or computer will receive the necessary information and provide an analysis.
You can do it through Google Play. The level of accuracy of the result directly depends on the quality of the microphone on the device.
Call a private specialist
The law gives a citizen the opportunity to contact a private company to measure noise levels. This option is possible if there is a need to set the level at night, weekends or holidays.
It is necessary to clarify that the organization has the appropriate license, is properly registered, and owns the necessary equipment.
Important! The Administrative Commission will not recover funds in favor of the applicant for the conduct of noise measurements by a private specialist. Therefore, you will have to bear these costs yourself.
Call from Rospotrebnadzor
A call from a specialist from Rospotrebnadzor will be needed to bring the culprit to administrative responsibility. The main evidence is the measurement protocol. The document must comply with the standards established by Art. 42 Federal Law of 1999 No. 53 and Guidelines for noise control MUK 4.3.2194-07.
Important! Rospotrebnadzor will refuse to call a specialist if the applicant does not have registration at the place of application or is not the owner of one of the apartments in this apartment building. In exceptional cases, the applicant may be a trustee of the homeowners.
The appeal is submitted to the territorial body of Rospotrebnadzor. When you contact a higher authority, the document will be forwarded to the regional office if you have not previously contacted it.
You can find the address and website of the regional office on the website of the Federal Service of Rospotrebnadzor.
The measurement procedure takes at least 30 minutes. Noise is measured at at least 3 points. If a violation is detected, the specialist must bring the perpetrators to justice.
In addition, the authorized person issues an order to eliminate violations. Please note that the document contains a deadline. Therefore, the noise will not go away immediately.
When calling Rospotrebnadzor, no additional contact with the police is required. The specialist is authorized to draw up an administrative protocol. However, he will only visit the apartment during working hours. You should not expect measurements to be taken on weekends, holidays or at night.
Therefore, calling a specialist from Rospotrebnadzor is suitable in case of long and noisy repairs at your neighbors. It will not be possible to capture the night's fun this way.
Gathering of like-minded people
To contact the local police officer, it is not necessary to measure the noise level. It is enough to file a collective complaint.
If the noise of your neighbors disturbs not only you, then it is advisable to gather a group of like-minded people. Collective complaints attract more attention.
Therefore, there is a greater chance that the culprit will immediately be brought to real punishment in the form of a fine.
As like-minded people you can gather:
- owners of neighboring apartments;
- tenants of apartments under a social tenancy agreement;
- tenants of neighboring apartments under a rental agreement.
Persons who occupy residential premises without a legal basis cannot sign a complaint.
What is noise and how does it affect the human body?
By noise we usually mean random sound vibrations that vary in frequency and intensity (however, from a physiological point of view, any sound that is perceived negatively can be considered such).
Sources of loud sounds are conventionally divided into:
- Mechanical.
- Hydraulic.
- Aerodynamic.
- Electrical.
Initially, it was assumed that excessive noise in the workplace or home only affected hearing function.
So you can deal with the noise of a hammer drill without measurements.
To go to court, collect the following evidence:
- protocol of the district police officer;
- a certificate from a representative of the housing office about the facts of violation of silence;
- testimony from affected neighbors;
- evidence of repeated warnings to the neighbor;
- video, audio recording of noise.
And even measurements are not necessary to achieve justice.
An example of this is the decision of the Tomsk court to impose a fine on a fan of loud music, which, according to him, sounds within the normal range. But, since the normative music still irritated the neighbors, the court considered it unacceptable.
In addition to administrative punishment, an extreme measure may even follow - eviction from the apartment (293 Art.
play the ukulele
to play on drums
play "Jingle Bells" on the piano
Determine what key the song is in
What dangers does increased noise pose?
Irritation from noise has a cumulative effect, which is why its impact is insidious, since it does not appear immediately. As a rule, a person is completely defenseless against such danger.
The regular impact of noise on the body causes attacks of insomnia and increases blood pressure. Over a long period, the formation of a process to reduce hearing acuity occurs. In this case, the disease is almost irreversible.
Increased aggression, low concentration are the consequences of systematic exposure to high volume. The result is an unsatisfactory level of labor productivity.
Watch the video: “Why it’s difficult to get punished for noise.”
It is necessary to combat the excessive noise threshold, but the process is purely legally lengthy and complex. As a result, relations with neighbors will be damaged forever. The most reasonable solution in this situation is to look for a compromise that will satisfy both parties.
Free consultation by phone! Moscow and region: ; Regions of the Russian Federation:
The danger of high-pitched sounds for humans
Noise is more dangerous to the human body than it might seem. The health risk may increase because the harmful effects of loud noise take time to become apparent. This means that a person does not immediately feel discomfort and does not get rid of loud sounds in time.
Noise attacks, especially constant ones, not only affect hearing acuity, but also worsen the general physical condition, namely:
- reduce performance;
- impair attention and memory;
- destroy the nervous and immune systems.
Scientists have found that in areas where the permissible noise level is constantly exceeded, children learn school subjects worse, their concentration is reduced, and logical thinking suffers.
At the same time, parents sometimes find out the true reason for their child’s academic lag only after they measure the noise level in the apartment.
Among adults, the following are more often observed:
- nervous stress;
- depressive states;
- outbursts of unmotivated aggression.
In addition, the human body ages faster in such conditions, and people suffer from cardiovascular diseases. In areas where noise measurements reveal that the permissible level is exceeded, medical help is often sought due to:
- heart attack;
- a sharp increase in blood pressure.
Therefore, modern science is looking for ways to reduce the harmful effects of noise on humans.
For example, in 2021 (USA) introduced to the public a device that absorbs the noise of neighbors, calling it “Muzo”. It is enough to attach it to a flat surface (wall, window, etc.) so that it dampens external noise, creating anti-vibration.
Thus, measuring noise in an apartment is a mandatory step in the legal fight against noisy neighbors who do not want to respect the right of other residents to peace.
Photos of sound level meters
What are the noise standards in an apartment?
There are certain criteria that determine the permissible noise level in an apartment. If the permissible noise level in a residential area begins to increase, this can become a significant cause for concern for residents, as well as cause a change in their functional state.
- During the daytime, the equivalent noise level reaches 40 - 55 decibels
- At night, the equivalent noise level should not exceed 30 - 45 decibels
According to these indicators, you can conduct research on the noise level in the apartment. There are also different types of noise, depending on the sources. The root causes of external noise in a residential building include construction work, vehicles, industrial enterprises, and advertising sound-reproducing installations. Internal noise sources include those located directly in the room. Internal sources of noise can be office rooms, shops and various workshops.
- 22 decibels - this level is characterized as silence; it is worth noting that this noise frequency does not occur in natural conditions.
- The indicator is 25-26 decibels - at this level the noise is barely noticeable, it can be in an apartment with sufficient sound insulation and in a quiet place.
- Indicator from 30 decibels to 36 decibels - the room is very quiet, but noises are already audible. This level of noise can occur at night in an apartment, for example, when a washing machine is running, or at night in a room with windows facing the roadway.
- An indicator of 40-45 decibels - this noise is faintly audible (insignificant) but exceeds the background by 3-5 decibels. This noise level is possible in a room with a computer turned on, as well as with street noise.
- An indicator of 46-59 decibels is a normal noise level that does not violate comfort conditions. It is worth noting that this level is exactly the one within which we find ourselves every day.
- An indicator of 60-75 decibels is already a fairly loud noise level, such indicators go beyond the limits of comfort. This level of noise can be in a sales area, noise near ventilation chambers, the sound of a TV at medium volume, or the conversation of people standing nearby.
- An indicator of 78-114 decibels is considered a very loud noise, it can most often be heard: on the side of the highway, during a loud conversation of a group of people, inside a moving carriage, when the siren of a special vehicle is working, when several generators are running.
- An indicator of 120 decibels is already the pain threshold for a person.
- An indicator of 130 decibels is unbearable noise; being in such conditions is only possible with headphones. Example - noise from an airplane jet engine
- A reading of 180 decibels is lethal to humans; such noise can be caused by a powerful explosion.
Based on this, one question arises: how to measure the noise level in an apartment in order to know whether it is hazardous to health or not. To do this, contact the EcoTestExpress laboratory, laboratory specialists will help you examine the noise level in the apartment or, and show what consequences it has and how it affects the residents of the apartment
It is worth noting that the fight against the causes (which cause noise in the apartment) is very difficult. Unfortunately, in some situations, noise sources will not disappear anywhere, but it is possible to reduce their effect on the human body. Measuring the noise in an apartment will help us determine what level we are dealing with, and then determine all possible ways to solve this problem, because it’s no secret that when a person comes home after a hard day at work, he has one desire - to relax and sit in silence.
It is worth noting that the permissible noise level in an apartment is up to 55 decibels during the day, and up to 45 decibels at night. If your apartment is located above a store or other office space and it seems to you that there is a very high noise level in your home, you have every right to have the noise in your apartment measured by Rospotrebnadzor.
You should definitely measure the noise level in the apartment in case of any minimal disturbance, because peace and quiet are the key to health. After measuring and identifying irritants, it is imperative to eliminate them. For example, if you suspect that the sources of noise in your apartment are internal irritants, such as noise from an elevator or a garbage chute, then be sure to complain to the construction company, and at its own expense it will measure the noise level in the apartment with the help of Rospotrebnadzor.
After familiarizing you with the conclusion, the above campaign will be required to eliminate all irritants, but if this does not happen within the agreed period, then you can safely go to the Federal Consumer Rights Protection and Human Welfare Service. The private laboratory “EcoTestExpress” also carries out noise measurements in the apartment.
We turn to professionals
How to measure the noise level from neighbors or from a street store professionally and reliably if our arguments and conversations with them do not help.
We contact the local Rospotrebnadzor. Its functions include checking the requirements of legislation on sanitary standards.
He makes checks and measurements in the following cases:
- fans and refrigerators of catering and retail establishments, external air conditioning and cooling systems interfere;
- loud music from restaurants and other entertainment companies;
- the engineering and plumbing equipment of the building rattles and vibrates: pumps, elevators, transformers, etc.
Rospotrebnadzor does not take measurements of noisy neighbors!
The Sanitary and Epidemiological Station (SES) prepares measurements in the apartment and issues a certificate for the court. Telephone.
Often it is enough to reduce the vibration of the wheel and rails, which is achieved by improving their design. Improved brake design also helps reduce noise.
The design of the railway as a whole also affects noise. For example, installing noise barriers, similar to those around highways, can help reduce noise. Gravel mounds around the rails also absorb sound.
Some noise pollution associated with railways is inevitable. For example, an audible warning system at railway crossings is essential and helps prevent accidents. In conditions of poor visibility, it is thanks to it that pedestrians and drivers know that a train is approaching.
This is not so noticeable during the day when there is already a lot of noise around, but it is very clearly audible at night. Noise in residential areas is also often caused by loud music in homes, bars and restaurants.
Wind turbines
The low-frequency noise they produce interferes with sleep and causes headaches and other symptoms in people living near the turbines, according to organizations that monitor companies that produce electricity from wind turbines.
These problems are so serious that people often abandon their homes and move away to get away from this noise. Proponents of wind energy, on the other hand, argue that these problems are not caused by noise itself, but by a nocebo effect. That is, the problems are not caused by the sound itself, but by the expectation that these problems should appear. At the moment, there are no long-term studies of this issue to understand who is right.
The applications are easy to use and accessible to anyone.
However, the results of such a measurement will not have strong legal force in court proceedings, since during the examination it is necessary to take into account many factors that are not recorded by the resident when independently measuring the noise level using a computer application.
How to contact us?
To use our help, you will need:
- call us and explain the essence of the problem;
- we go to the site, conclude an agreement and take all measurements;
- we implement a report on all taken into account indicators in expert form;
- we provide its results to customers or transfer them to other authorities;
- We act according to individual customer requirements, taking measurements at different times of the day.
We are consistently improving the range of our capabilities; we have prepared favorable discounts and special offers for regular customers to make cooperation with us as simple and comfortable as possible! You can be convinced of the benefits of cooperation with SES thanks to the presence of positive reviews about our activities from customers who are satisfied with the solution to their problem!
Other services of the sanitary and epidemiological station:
- Air composition analysis
- Water sample analysis
- Soil quality analysis
- Thermal imaging examination
- Light metering
- Expert opinion of Rospotrebnadzor
- Sanitary audit
SES contacts for Moscow districts:
What to do when there is constant noise
If the neighbors are noisy and are not interested in other people's dissatisfaction, then they should file a lawsuit. Before doing this, it is advisable to perform 4 steps:
- Collect evidence of noise ordinance violations. Special devices for measuring decibels or contacting special supervisory authorities can help with this.
- It would not be superfluous to check the permitting documentation with the builders and the organization carrying out the work. Her absence will be an advantage during court proceedings.
- There will probably be other neighbors who are unhappy with the annoying noise. You need to enlist their support and write a complaint together.
- Call a local police officer who will document the noise, which will help in further proceedings in court.
At night, all sounds are heard much louder, which often becomes the cause of quarrels between neighbors.
How to measure the noise level in a residential area
Noisy neighbors, construction outside the window, running household appliances - all this can create an acoustic background, from unpleasant to physically noticeable.
You should try to fix the problem, but first you should measure the noise level.
That is, even if the sound level threatens hearing loss, people do not notice it. This is why, in situations where people are exposed to loud noise for a long time, the sound level is measured with special instruments to ensure that the level does not exceed the norm.
Usually these are sound level meters. Most of them are portable and can be purchased at an affordable price.
Sound dosimeters
If it is necessary to measure not only the current sound level, but also the total dose of noise exposure over a certain period of time, sound dosimeters are used. Since long-term exposure to loud sounds often causes hearing damage, dosimeters can help determine whether people working in loud noise environments need to wear hearing protection or earplugs.
- Professional sound level meter
- Special computer programs
- Contact Rospotrebnadzor
- Attracting specialists
- Liability for excess
- Noisy neighbors: fixing the problem
How to prove?
Most regions set their own rules for nighttime, daytime, and noise levels. Therefore, before initiating a conflict, it is necessary to familiarize yourself with the documentation of your region.
In accordance with the law, a citizen can be punished for exceeding noise standards if the fact is proven. Therefore, the district police officer can draw up a protocol on an administrative offense only in a situation where he was personally present at the fact of the violation.
When contacting the police or court to punish the culprit, it is necessary to prove the fact of the violation.
Possible options:
- call the police at the moment of noise;
- submit a collective complaint to the district police officer;
- submit a noise measurement protocol with your application.
Example. Citizen T. Installed an air conditioner on the wall of an apartment building. The unit made loud noises, especially noticeable at night. The neighbors contacted a specialized organization to measure the noise level. The court ordered citizen T. to dismantle the system. However, compensation for moral damages was denied because the neighbors could not prove moral suffering.
Standard noise level in decibels in residential premises
- private rooms, apartments, apartment buildings and buildings in which residence is permitted;
- rest houses and boarding houses;
- complexes for the elderly and disabled;
- bedrooms in kindergartens and boarding schools.
For this category of real estate, the law provides for a permissible maximum noise level of 45 dB at night and 55 decibels during the day. For hotels and hostels, regulations state that loud noises can be made up to 50 dB in the evening, and 60 dB in the morning.
How can the noise level be compared?
In order to clearly understand the analogies of sounds with generally accepted sources, it is worth familiarizing yourself with the table where you can compare a noise level of 40 dB with its increased values:
Table 1.
Signal size, dB (dB) | Similar characteristics |
25-40 | Human speech in a whisper |
37-59 | A stream of water pouring into a metal container |
82 | Piano music |
40-45 | Medium power air conditioner running |
34-42 | Old model refrigerator in startup mode |
50-70 | Human/baby crying |
37-45 | Engine noise from a running elevator |
50-70 | Industrial noise in crowded places (supermarket, market) |
90-100 | A locomotive traveling a distance of 500 meters |
85-115 | Music produced by special equipment equipped with speakers and a stereo effect |
70-80 | Household hair dryer in drying mode |
120-140 | Working rotary hammer, hammer, chainsaw |
60-70 | Spin program for a poorly secured washing machine |
120-140 | Airplane takeoff/landing at a distance of 500 meters from the apartment |
Silence law
You are constantly bothered by the noise in your apartment. The law is on your side. If your neighbors regularly disturb your peace of mind and there is noise coming from their apartment, there is a chance to resolve the issue peacefully.
Try to discuss this unpleasant nuance with them, it usually leads to positive results. However, it happens that noisy sounds come not from your neighbor’s apartment, but from a building located near your home.
24-hour bar in a residential building
Buildings that house nightclubs, shopping centers with sound advertising outside, parking areas where car alarms regularly go off, cause much more trouble than noisy residents of the house.
In such circumstances, it is necessary to turn to jurisprudence.
You should start by studying the law “On the sanitary and epidemiological welfare of citizens,” or rather its section, which describes the norms of silence.
Noise has a certain level, or rather a decibel. A special device can be used to measure the level of noisy sounds. During the daytime, the decibel level should not exceed 40.
As for the night, here the noise level is allowed up to 30 decibels. If you simply give the culprit decibel numbers, it will do nothing.
Let's take an example of the noises that we hear every day in our apartment:
- Vehicle alarm - 99 dB
- Neighbor's alarm clock - 75 dB
- Home theater at full volume - 110 dB
- Loud scream - 90 dB
- Playing a musical instrument - 85 dB
- Conversation in a raised voice - 80 dB
- Busy street - 70 dB and so on.
There are many such examples, which means that our rights to silence are regularly violated.
Responsibility
At the first complaint from citizens about persons who do not comply with the noise level in residential buildings, employees of authorized bodies, as a rule, limit themselves to preventive conversations and warnings. Repeated appeals may result in the perpetrators being subject to administrative liability and monetary fines, respectively.
We recommend reading: How to evict noisy neighbors from your apartment
Amount of penalties:
- for individuals – from 1000 to 3000 rubles. (for repeated violations);
- for officials - from 5,000 to 50,000 rubles;
- for legal entities – from 20,000 to 150,000 rubles.
In addition, victims can go to court for compensation for moral or material damage if systematic violations contributed to health problems. But, as judicial practice shows, cases of winning such cases are isolated, even if the victims involved qualified lawyers in the process.
When there is no point in doing an examination
There are situations in which it is pointless to carry out an examination or noise measurement, even if the rules have been violated. There are a number of reasons that no one can control, such as a baby crying. This cannot be controlled, which means there is no violation as such.
If you really are faced with such a problem, then you should understand the reasons and do everything possible to resolve the conflict. It is better not to bring the matter to court, but to try to resolve everything peacefully. Even if the noise disappears, it is only with good relations between you and your neighbors, so choose the right solutions.
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The apartment is our fortress, which protects us from a huge number of different external irritants. Unfortunately, very often such a factor as noise prevents you from fully relaxing after a hard day at work. It is worth noting that residents of large cities suffer most from noise. Lately, even various noise-insulating devices have not been able to fully protect against this scourge. First, let's define what noise is.
Noise is random vibrations of various physical natures that differ in the complexity of their temporal and spectral characteristics. Today noise is one of the causes of environmental pollution.
Noisy neighbors: fixing the problem
For residents who are faced with the problem of noisy neighbors, there are several options to solve the problem:
- have a conversation with your neighbors. It is possible that they are unaware that they are causing inconvenience to others;
- in some cases the police are called;
- write a statement to the district police officer. He will register such an apartment and conduct regular inspections;
- application to the court. This refers to an extreme solution to the problem. To draw up a statement of claim, you need to have an expert opinion on the noise level.
A collective complaint has a good effect. In addition, during the inspection, residents will be held additionally accountable if it turns out that the apartment is being used for other purposes.
What level is considered exceeding the norm?
The legislation of the Russian Federation protects citizens from unfavorable sanitary conditions. One of the indicators of the norm of a prosperous environment is the noise level (Article 23 of the Federal Law of 1999 No. 52).
The law defines the following noise levels:
- inside a living space;
- external noise;
- external noise from the railway.
External noise in houses located near the railway can exceed the norm by 10 dB.
However, the most popular point of contention is noise from neighbors' apartments in apartment buildings. If comfortable living in a residential area is impossible due to troublesome neighbors, measures must be taken.
Rules for taking measurements
In order for the results to be as accurate and reliable as possible, the following conditions must be met during measurements:
- The absence of sound-reflecting surfaces located outside the measuring contour, since they can affect the final result,
- Background noise levels should be 6-10 dB less than sound pressure levels,
- During measurements, factors such as wind direction and speed should not change significantly,
- It is also worth postponing measurements during precipitation,
- When carrying out measurements, the relative air humidity should not change by more than 10%.
The noise level in the apartment is the norm according to the law in St. Petersburg
The amount of the fine for violating the “silence law” as amended for repair work:
- for citizens – from 1,000 to 3,000 rubles;
- for officials – from 5,000 to 10,000 rubles;
- for legal entities – from 10,000 to 30,000 rubles.
Latest news The State Duma is considering a draft of a new “federal law on silence” in apartment buildings, which is designed to streamline regional norms and consolidate provisions on protecting the peace of citizens in the Housing Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation.
In particular, the document proposes to establish official night time from 22:00 to 6:00.
The fact that liability for violators of silence norms today is fixed only at the regional level has a negative impact on the implementation of these laws, including those in force in St. Petersburg.
“Law on silence” in St. Petersburg - how does it work?
This includes musical instruments, shouting, stomping, whistling and other noisy activities. The law contains exceptions to the above rules that allow noise in an apartment building at night. These are the situations:
- actions aimed at recovery after natural disasters and emergencies. This includes stopping crime. For example, if your car was broken into by intruders and the alarm system went off, this is not considered a breach of peace;
- cultural events and official holidays.
Permissible noise level The noise level in the apartment is measured in decibels.
If you think that your neighbors are violating the norms established by law, call Rospotrebnadzor or the sanitary-epidemiological service. They will measure the noise level and issue you a corresponding certificate.
Law on silence and noise in the apartment at night
The only exception is New Year's celebrations. From 23:00 on December 31 to 4:00 on January 1, you can set off fireworks - such actions will not violate the St. Petersburg law on silence at night and on weekends of 2021.
More serious liability in monetary terms is provided for construction, repair and loading work if it disturbs the peace of citizens at night. An exception is provided only when it comes to cleaning and loading snow.
The “silence law” in St. Petersburg does not apply to actions aimed at eliminating emergencies, natural disasters and accidents, as well as actions to protect personal and public safety.
Legal entities conducting coordinated cultural events or religious ceremonies within the framework of canonical requirements are exempt from liability for disturbing the night's peace.
The law on silence in St. Petersburg - how to protect your sleep
St. Petersburg" prohibits: • The use of any devices that produce loud sounds (TVs, radios, tape recorders, other sound-reproducing devices), resulting in disruption of the peace and quiet of citizens at night; • Screaming, whistling, knocking, moving furniture, singing, playing musical instruments and other actions that disrupt the peace and quiet of citizens at night; • The use of pyrotechnics (firecrackers, flares and others), resulting in disruption of the peace and quiet of citizens at night; • Carrying out repair, construction, unloading and loading works, resulting in disruption of the peace and quiet of citizens at night; • Committing actions that disturb the peace and quiet of citizens in apartment buildings on weekends and non-working national holidays from 8.00 to 12.00, including repair, construction, loading and unloading and other work.
Laws on silence" in Moscow, St. Petersburg and other regions can adjust these time frames only in the direction of expansion, that is, tighten the requirements for maintaining peace and quiet for citizens at night.
Law of St. Petersburg The peace and quiet of residents of the northern capital is protected by regional Law N 273-70 “On Administrative Offences” (as amended on November 29, 2021), in which two articles 8 and 38 are devoted to regulating this issue.
It will also be in effect in 2021. The St. Petersburg law expands the time that is considered “night”. Unlike federal regulations, it starts at 22:00 and ends at 8:00. Morning time on weekends and non-working holidays (8:00 a.m. to 12:00 p.m.) is also considered “night time.”
Why and in what cases is it necessary to conduct an independent examination?
Knowing the sound load on a person’s hearing system is extremely important, since his psychological state depends on it.
Constant exposure to high noise levels has a negative impact on a person’s mental state , increasing stress levels and deteriorating overall well-being. That is why the noise level must be kept within the normal range and not exceeded.
An independent examination is carried out to establish the noise level, which exceeds the legal norm. Such an examination is often resorted to by residents of an apartment building who are tired of fighting with their neighbors due to noise disturbance by the latter. The results of an independent examination turn out to be the main evidence of the guilt of violating neighbors, who can be brought to administrative responsibility if they have background noise indicators in hand.
If the high noise level is short-lived, then it does not cause any harm to human health, so conducting such an examination is pointless (for example, if a neighbor decided to hang a shelf, sort out the relationship with his wife, or a child is crying behind the wall).
Repair work
A separate item is carrying out repair work. This is much more disturbing than loud music or television, so there is a separate set of rules in the law regarding this issue. Violation of these rules can lead not only to a fine, but also to serious liability. Therefore, follow these rules to avoid ending up in an unpleasant situation:
- Do not carry out repairs or construction work on weekends and holidays;
- Construction work can begin no earlier than 9 a.m. and finish no later than 11 a.m.;
- The average repair duration cannot be more than six hours. In this case, it is necessary to take a break for at least an hour;
- The tools used should not create noise exceeding 40 decibels;
- Construction cannot last more than three months. Otherwise, you will need to obtain special permission from the authorities;
- Before remodeling an apartment, you will need to obtain permits;
- Construction waste should not be located in public areas, nor should it block exits for other citizens.
It is best if you warn your neighbors about the renovation and discuss this issue so that they do not have to conduct a noise level inspection and start proceedings with you.