Previously, people lived at some distance from each other in their own houses, and could encounter noisy neighbors only in the most extreme cases. Then, with the advent of the need to build multi-apartment housing, noise from neighbors is something we live with every day. Some noise can be called forced: the crying of a child, the hum of a vacuum cleaner, repair work, while others, especially from noisy gatherings or protracted construction work, can indeed not only irritate, but also leave an imprint on the quality of life.
When are neighbors prohibited from making noise?
First, let's figure out what is considered noise. According to the law, noise is sounds whose volume exceeds the norms established by law. Noise standards are enshrined in SanPiN 2.1.2.2645-10:
- 30 dB – at night;
- 55 dCb – during the daytime.
Now you need to determine what is considered daytime and what is considered night time. There is no federal law on silence on the territory of the Russian Federation. There is only Federal Law No. 52-FZ of 1999, which establishes the need to maintain comfortable sanitary and epidemiological conditions for residential premises.
The right to establish punitive measures to ensure the sanitary and epidemiological well-being of citizens is vested in the regions. Therefore, periods of silence vary from region to region.
For example, in Moscow, daytime is considered to be the periods from 07.00 to 13.00 and from 15.00 to 23.00. This rule did not apply to new buildings for 1.5 years from the date of delivery of the house.
However, during the pandemic, the mayor of Moscow designated only four hours for noise and repairs during the day: from 9 to 11 a.m. and from 5 to 7 p.m. This rule also applies to new buildings.
Expertise in determining volume level
Citizens who complain about loud neighbors rarely use the services of an expert who will determine whether or not permissible noise standards are exceeded. To a certain extent, employees must determine whether the fact in the statement is confirmed or not. This means they need to organize a special study.
Local police commissioners almost never carry out procedural checks on noisy statements so thoroughly. Therefore, dissatisfied neighbors can help him - contact the examination bureau or Rospotrebnadzor on their own to collect this data.
How can you tell if your neighbors are really noisy?
In order to hold neighbors accountable, it is necessary to determine that they are violating the permissible noise level. For this you can use:
- Approximate guidelines. For example, normal human speech is 40 dB. And loud conversation is already 70.
- Using the application - sound meter. Such applications can be found for smartphones based on IOS or Android. They can be installed on your phone and used for free. But they have no evidentiary value.
- Special household noise meters. They can be ordered in online stores for a very reasonable price. But their result is also not evidence in court.
- Volume measurements from specialized companies. In this case, the customer receives a report indicating the level of noise excess. This is an official document that will be accepted by the police and the court. But the cost of the procedure in 2021 is 10,000 rubles. – in the daytime and 15,000 rub. - at night.
Noise level
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Methods of soundproofing housing
If you are tired of fighting with those who like to rowdy at night, then soundproof your apartment.
- If loud noises come from the entrance, then install a new entrance door or cover it with foam rubber on the outside. Special wooden panels that are glued to the outside of the door will also help.
- Before gluing wallpaper, attach soundproofing blocks or drywall to the walls. Also pay attention to the ceiling. The suspended structure has good sound insulation properties.
- Make a “floating” screed on the floor. It also has the ability to absorb sound. You can lay a long-pile carpet on the finished flooring.
- Walk around the apartment and find the places where the sound comes from best. If it is a socket or a gap, then they can be sealed with polyurethane foam.
- A simpler and even more banal way is to hang a carpet on the wall. It will also reduce the noise level from neighbors.
- Laws and finance
What to do if residents leave trash on the landing and in the entrance
Where to turn if neighbors are noisy?
In 2021, if your neighbors are making noise, you need to contact the police. This is the only government body that is authorized to resolve the conflict. The following options are possible:
- If a group of people has gathered at the entrance, they are drinking alcohol, listening to music, or making noise, then you need to call 02 and call for a squad.
Unfortunately, the result is not guaranteed. Noise at the entrance has a low priority, and the number of vehicles on duty is limited. Therefore, if at the time of the call a signal is received that a crime or offense has been committed, the squad will go there. And by the time it comes time for a noisy call, the drunk company may already have dispersed. - If neighbors make noise in their apartment regularly. In such a situation, you need to write a statement to the district police officer.
Before contacting the local police officer, you need to talk to the violators yourself and clarify that the noise being emitted is included in the list of violations.
For example, at night it is prohibited:
- sing;
- play musical instruments;
- make repairs using tools (drill, hammer drill, hammer);
- listen to music through speakers;
- shout, whistle;
- explode firecrackers and fireworks.
Note! You cannot be held responsible for snoring, the noise of children and other sounds that are made as a result of life activities.
Public place
Staircases and entrances are considered to be public places. Therefore, all noisy activities, scandals, fights, and drinking alcoholic beverages in these places can be regarded as a violation of order in a public place.
What to do? Feel free to call the police. It is her direct responsibility to deal with such violators. This carries with it administrative and sometimes (rarely) criminal liability. It does not matter whether the violation was a one-time or periodic violation.
How to file a complaint with the police?
A complaint to the police can be made as follows:
- By phone.
The message can be sent by calling the duty station or by calling 02. When calling from a mobile phone, you need to dial 002 or 112. Please note! All calls to number 02 are recorded. Therefore, it is better to convey information through it. - In person. The district police officer has visiting days when he communicates with citizens and accepts applications. You can find out information about the address of the local police station and reception hours at the duty station.
- By letter. You can send a message in writing. To do this, an application is drawn up and sent by registered mail with acknowledgment of delivery. The application will be registered and the applicant will receive a written response within 30 days.
- Through electronic reception. The electronic reception is posted on the website of the regional police department.
Regardless of the chosen method, the applicant must provide his data. Because the police do not consider anonymous reports.
Contents and sample application
When drawing up a written application, you must include the following information:
- name of the department of the Ministry of Internal Affairs, details of the head;
- information about the applicant;
- title of the application;
- information about the incident;
- neighbor data;
- dates and times when neighbors made noise;
- request for action;
- date and signature.
Sample application
So, if you submit an application to the district police officer, he will visit the neighbors and conduct a conversation. And if you call a police force during a period of noise, then an administrative violation report will be drawn up against your neighbors, and they will be held accountable. But the fine ranges from 500 rubles. – in the first case, up to 2,000 rubles. – in case of repeated violation.
Note! There is no certainty that the district police officer will not inform neighbors of the information of the citizen who filed the complaint. Therefore, it is necessary to resort to filing a statement with the police only in a situation if you are ready for open confrontation with your neighbors.
Responsibility
Any violation of the law entails liability. In this case, law enforcement agencies draw up a protocol for violations of the law, which is then submitted to the court. The court, in turn, makes a decision on administrative liability and sets the amount of the fine.
Fine amounts:
- For individuals, fines of up to 2,000 rubles are provided;
- For officials this amount will be up to 5,000 rubles;
- For legal entities and organizations up to 7,000 rubles.
In some Subjects of the Federation these figures are indexed upward.
If the fine is not paid within the established time period, it may be increased. If the debt for fines is a decent amount, then the person indicated as the payer may be detained for up to 15 days. But this fact does not cancel the payment of the fine.
Going to court
If contacting the police and administrative liability does not help, you must go to court. The following claims options are provided:
- Eviction from an apartment of citizens who occupy an apartment under a social tenancy agreement.
As judicial practice shows, there is an opportunity to evict a noisy neighbor, but it is very elusive. When evicting a neighbor living under a social rental agreement, you must write a complaint to the district administration, which provided him with an apartment under the agreement. But the fact that a citizen violates the rights of neighbors with noise is not enough. It is necessary that he lead an immoral lifestyle and not pay for utilities. Taken together, such violations will be sufficient for eviction. Only the district administration can initiate the process. - Eviction from the owner's apartment.
When an owner evicts, the situation is even more complicated. The law provides for a procedure: it is necessary to go to court, which can evict the owner and put the apartment up for auction. The proceeds from the sale are transferred to the owner, excluding the costs of conducting the auction. In judicial practice, there are isolated cases where noisy neighbor-owners were evicted. But this is possible not based on the complaint of one neighbor, but based on a collective complaint from all residents of the entrance presented to the district administration. In this case, the head of the administration must act as a plaintiff in court. - Recovery of compensation for moral damage. In Russian judicial practice there are no cases of recovery of a significant amount of moral damage. Therefore, most claims against noisy neighbors remain unsatisfied even with a significant evidence base. Usually the court sets compensation for moral damage in the amount of 500 rubles. up to 3,000 rub.
Sample statement of claim
Sample claim
How to stop neighbors upstairs from stomping day and night
There is no definite answer to how to calm neighbors upstairs from stomping if they have no control. The situation is familiar when the neighbor upstairs walks barefoot, but at the same time hits the floor hard with her heel, like a hoof. To all attempts to talk, he replies that he has the right to walk around at home in whatever way he wants, in whatever shoes he wants.
What can be done
Life situations
Each noise situation is different. Therefore, it is necessary to consider what to do in certain life situations.
The neighbors do repairs with a drill every day
The law does not prohibit repairs in the apartment during the daytime. Therefore, the noise of a drill, even if it occurs daily, is not a violation of the law.
You cannot use a drill:
- on weekends and holidays;
- at night;
- more than 6 hours in a row;
- during a period of silence (if established by regional legislation).
Therefore, if your neighbors use a drill every day, but at the permitted time, you cannot file a complaint against them.
The neighbors' washing machine, hood, and refrigerator are loud
Loud noise from household appliances, including at night, is not a violation. It will not be possible to hold neighbors accountable for using a washing machine or hood at night or on the weekend.
If the sound insulation in the house is poor, then the noise from household appliances can actually be reflected more strongly. In such a situation, it is necessary to go to court with a claim to force the neighbors to correct the sound insulation.
However, in similar situations, different courts made different decisions. Therefore, the result in case of going to court is also not guaranteed.
The neighbors dog is barking
Dog barking is also included in the list of prohibited loud noises at night, weekends and holidays. The owner of the animal is obliged to teach it proper behavior in an apartment building.
In case of barking at night, it is necessary to call the local police officer the next day to draw up an administrative protocol and bring the animal’s owner to justice. The testimony of neighbors must be used as evidence. If they explain that a dog barks at night regularly, then most likely an administrative fine will be imposed on the owner of the animal.
The neighbors are noisy - drunks
Neighbors who are alcoholics can ruin your life for a long time. Unfortunately, there are no legal methods of dealing with such citizens. If neighbors refuse to stop making noise voluntarily, then the police must be called.
In practice, the police stop responding to calls, knowing the address of the rowdies. Therefore, in the daytime, upon application, a district police officer is sent, who can draw up an administrative protocol, but violators - alcoholics - still do not pay fines.
If all the neighbors agree to write a collective complaint to the district administration, then you can try to raise the issue of eviction.
The neighbors' children are noisy
The noise of children during the day and at night is not a type of noise for which one can be held liable. Therefore, calling the police as a violation of silence laws is useless.
However, it is necessary to find out why children make noise:
- If preschool children are often left alone in the evening and at night, this is grounds for filing an application with the guardianship authorities. Specialists will check the family to ensure that children are not left alone.
- If the noise consists of shouting at a child and a child crying, you need to call the police. The child may be experiencing domestic violence.
As a rule, increased vigilance of neighbors leads to a decrease in noise in neighboring apartments.
Neighbors sing songs at night
Singing and playing musical instruments at night, on weekends and holidays is prohibited. During the daytime, you can sing only within the limits established by law.
For example, the Nyagan City Court decided to evict a resident of Khanty-Mansi Autonomous Okrug from his apartment because he listened to music loudly at night. The apartment was sold at auction, and the funds were transferred to the violator, minus the costs of the auction.
The neighbors are noisy in the entrance
The entrance belongs to common property. If teenagers gather at the entrance and make noise, then you need to call the police. In this situation, the chances of success are greater than when calling to the apartment.
The stomping of neighbors from above: how to fight according to the law
If the words are not understood by the citizens living above, it will not be possible to resolve the problem peacefully. It remains to resolve the question of what to do if the neighbors are stomping upstairs, and where to complain.
Our country is a rule of law state. Every citizen is obliged to comply with certain laws and regulations. Let's figure out what to do according to the law in 2022 for those suffering from upstairs neighbors, where to complain. There are several official authorities where you can turn when neighbors stomp loudly and drop objects on the floor all day and night:
- Rospotrebnadzor;
- police;
- prosecutor's office
Rospotrebnadzor
The floor above you rumbles. A neighbor's kid drops things and rolls metal balls on the floor after major repairs. Try to negotiate additional soundproofing with your neighbors. Sometimes residents above do not want to hear or respond to requests. You are annoyed by the 24/7 clatter of your neighbors upstairs, and you don’t know how to fight it legally.
Bricks in the apartment
Contact Rospotrebnadzor. Most likely, when installing the screed, the neighbor above violated sound insulation standards. For example, laminate is laid on a concrete base without a backing. Order a sanitary and epidemiological examination. Of course, you will have to pay a lot of money. The cost of the examination starts from 10,000 rubles. How to measure:
- The technical characteristics of the premises are assessed.
- Sound signals from the street are measured.
- The room is inspected for the presence of air conditioners and forced ventilation.
- The frequency of the background sound when household appliances are running is estimated.
- Measurements are taken around the clock, it all depends on the client’s wishes.
- A couple of days - and the conclusion is in hand.
During the daytime
If it is confirmed that the noise level of the apartment is above the norm, the insulation of the impact noise floor is below the norm, feel free to file a lawsuit against the neighbor above.
Previous experience shows that the decision is in favor of the plaintiff. The upstairs neighbor is required to redo the floor structure and will have to pay at his own expense. He is also being charged legal costs.
What to do if neighbors complain about noise?
If neighbors complain about noise from your apartment, then you need to negotiate with them peacefully. To do this you need:
- Go into their apartment to check their audibility. If the sounds are really loud, you need to deal with sound insulation. A popular problem is the lack of a substrate under the laminate and the installation of chipboard on a concrete screed without a gap to the walls.
- If a neighbor exaggerates the level of the problem, then you will have to wait for all kinds of checks. But, if there are no violations, then there is nothing to be afraid of.
Repair work
If you just hear the neighbors talking behind the wall, which does not let you sleep, then they do not fit into the category of noise sounds that disturb the silence. And, most likely, your problem is not in noisy neighbors, but in a poorly constructed building. Perhaps technology was violated during the construction of the house.
What to do in this case?
If you bought an apartment from a developer, then you can file a claim in court, indicating the desired compensation for moral damage. But it’s worth clarifying right away that this process is long, unpleasant and costly. You will have to conduct examinations and prove that the building was actually erected in violation of technology.
If the house was delivered with a rough finish, then insufficient sound insulation may be due to improper interior finishing work by you or your neighbors.
If there were mistakes on your part, then you should correct them. If the neighbors are at fault, then you can try to reach an amicable agreement, pointing out their mistakes and miscalculations. If unsuccessful, you will have to go to court.
If you purchased a secondary home or it is not possible to find a developer, you can do the repair work yourself by installing soundproofing panels. The process is expensive and, unfortunately, not always justified.
The last option is to change the living space and find a much quieter apartment.
Lawyer's answers to private questions
The neighbor listens to music during the day. In my apartment the windows are rattling and everything is shaking. How to influence this disgrace?
File a complaint with the local police officer. Although you can listen to music during the day, the volume level should not disturb your neighbors.
The neighbors turn on the washing machine every evening. I can hear the machine hum and beep at the end of the wash cycle at night. What should I do?
Try talking to your neighbors. If the conversation does not yield results, involve the local police officer.
The apartment above belongs to a child who is now in an orphanage. Now his brother lives there. He gathers companies, they flooded us repeatedly and every night there is music and noise.
In this situation, the tenant is not the owner or tenant. Contact the police and district administration to evict him.
Tenants
If you know that the neighbors who are disturbing your sleep are not the owners of the living space, but are just renting it, you can contact the legal owner of the apartment to resolve the issue. Most likely, you won't have to do anything else.
He himself will personally resolve the issue with problematic neighbors, probably asking them to move out. It is unlikely that he will be pleased with the visits of the local police officer and calls to the police to clarify the situation. It's not in his best interest. Even if you yourself do not know the owner of the apartment, most likely someone from the residents of the entrance or staircase knows him.
