What to do if the neighbor's children above are constantly making noise, stomping and running: law 2021

According to the provisions of SanPiN, the physiological noise level for the human hearing organs is 55 decibels during the day, and 40 decibels at night. Increasing the volume of sounds harms the health and emotional state of people. At 150 dB there is a risk of hearing loss. For comparison, the sound of a hammer drill is rated at 140 dB, a hairdryer and vacuum cleaner - at 80 dB, and an average volume conversation - at 60 dB.

The laws of the Russian Federation provide for the protection of peace and quiet of citizens; for violation of established standards, administrative liability is imposed with the imposition of a fine on the culprit.

Permissible noise and standards

Stomping, running around, and the screams of a neighbor's child from above can be the root cause of lack of sleep, bad mood, and complications of chronic diseases. You can treat the situation with understanding, the child will grow up and will not make noise. Residents of neighboring apartments are not always able to calm their children down. This also needs to be taken into account.

During the daytime

If children above are jumping around like crazy during the daytime or after 10-11 p.m., you need to consider the law on silence.

Art. 23 of Federal Law No. 52 regulates noise level standards in residential and non-residential premises of an apartment building: during the day - no more than 60 dBa, at night - less than 50 dBa. Children's noise itself is a violation, but from 2021, children's crying does not constitute a violation of silence laws.

In the constituent entities of the federation, the time of peace and quiet is regulated locally. Local legislative bodies themselves regulate the period of silence. For example, in Moscow, in the Moscow region, you can make noise until 23:00. In the Moscow region, a daily quiet hour is adopted from 13 to 15 hours.

In St. Petersburg, in the Leningrad region, quiet time is still not accepted. This issue was repeatedly brought up for discussion in the regional Duma, but was never adopted.

The law on silence in 2021 in some regions has been changed, and is now different from previous years 2021, 2021. But a violation is still defined as sound that does not comply with the norms of silence. This is 60 dBA during the daytime and 50 dBA at night.

In the room

If a collective complaint was filed, the property owner will have to answer according to the law. For example, punishment will affect the parents of a crying child who do not make any effort to calm him down.

Sometimes the neighbors from the upper apartment have a child constantly running and jumping, and the norms of silence are violated. Complain about non-compliance with noise levels.

Sound effects and noise have average parameters. The table shows examples of such noises and their usual volume.

Read: Law on silence in Novosibirsk and the Novosibirsk region in 2021: regime

Non-compliance with sound standards includes:

• constant stomping of children and adults;
• loud music;
• children's screams;
• constant, prolonged crying;
• noisy running of a child;
• loud, noisy games;

Constant violation of these standards (more than 2 times a month) will entail administrative liability in the form of a fine for neighbors above. It is necessary to understand that a child’s strong stomp is not considered normal.

Noise limits in an apartment building

The rules of residence in apartment buildings are regulated by law. Each region has its own quiet hours, during which repair work and exceeding the noise limit are not allowed.

According to SanPiN 2.1.2.2645-10, noise in an apartment should not exceed:

• 40-55 decibels during the daytime (this can be compared to talking in a normal tone, without raising);
• 30-45 decibels at night.

Such indicators protect the peace of citizens and their right to privacy, in accordance with Part 1 of Art. 23 of the Constitution of the Russian Federation.

According to the general standards of SanPiN 2.1.2.2645-10, time is divided into:

• daytime - from 7 am to 11 pm;
• night - from 11 pm to 7 am.

But each region has its own requirements for noise levels and the period of compliance. For example, in some regions of the Russian Federation, quiet tea is established - 1.5-2 hours during the daytime, when silence must be maintained. This is usually the lunchtime nap time for young children and older people.

Also, in some regions, repairs are prohibited on weekends, and in others, noisy work must end several hours before the onset of the night.

Thus, the first thing you need to do when a conflict arises with neighbors is to study the Law on Silence of your region in order to know exactly at what hours you cannot make noise, and what punishment is provided for non-compliance with this requirement.

Options for solving such situations

Let's see what to do if a neighbor's child constantly runs and jumps on top, let's find solutions to the problem.

Playing fidgets

Amicable settlement of the problem

When your neighbors’ child is constantly crying, there is no need to immediately complain to various authorities. Ask your neighbors in a calm voice why the baby is constantly crying. What is the reason why a child starts crying loudly and violently? Perhaps he is sick or the baby has started teething and you need to approach the situation with understanding. Often this will be the right decision.

It happens that the child on top jumps like an elephant. Reach out to your neighbors. Clarify the situation that the child is constantly stomping on top, causing discomfort and disturbing the noise. Invite them into your apartment, let them listen to how loudly the child stomps overhead. Conduct the conversation in a calm tone. There's no need to shout. Because to spite you, your neighbors may not react to your child’s stomp.

Letter

Let's imagine a situation where the conversation about stomping and noise did not take place. For example, the upstairs neighbors are not at home or you don’t want to run into rude feedback. Then write a letter, thinking through the essence of the presentation point by point. Express your dissatisfaction with the child's stomping.

Playing a musical instrument

Write the letter anonymously, do not write the apartment number. You can leave your complaint under your neighbor's door. The child’s parents will not understand which neighbor was disturbed by the child’s stomping. There will be no conflict.

Make a photocopy of your written complaint. This will be proof that you tried to solve the problem of stomping and noise peacefully.

Who from the municipality can help?

Often, after multiple verbal comments, the neighbors above are in no hurry to calm down the fidgety behavior. You can complain to municipal authorities. Let's consider where to turn when the neighbor's children upstairs are very noisy every evening. First of all, contact the chairman of the house or the district police officer.

Basically, the appearance of a representative of the authorities has the desired effect. A short explanatory conversation is enough, and the noisy neighbors above will be able to learn to influence the little guys.

Appeal to judicial authorities

When the upper tenants are fed up with their actions, noise and stomping, there is only one way out - an application to the judicial authority. Talk to the neighbors on the side, below, from the next entrance. They are also dissatisfied with the restless behavior of children. Writing a collective statement about noisy neighbors will speed up the process.

Read: Law on silence in the Arkhangelsk region in 2021: text, official version of the document

At night, children make noise and run around

Attach copies of letters left for the children's parents. If you contacted the local inspector, wrote a statement and have the paper, then attach a copy to the application to the court.

It is also possible to film with your smartphone how the chandelier is shaking, when the little robbers are stomping and running around like crazy. We admit that an official invitation to court will not please the neighbors; they will be more diligent in controlling noisy, stomping children. You can also seek support from other authorities.

Where to complain in guardianship

For example, it is possible to contact the guardianship authorities for the following reasons:

1. The urchins gallop like horses until one in the morning and disturb the sleep of the other residents of the house.
2. The child is often in an apartment without his parents and begins to cry for several hours.
3. Suspicion of child abuse.

The last two cases may require contacting the guardianship authorities. There are three ways to contact us:

• statement (preferably collective);
• letter;
• anonymous call.

Employees of the organization will help you draw up a sample complaint to the guardianship and trusteeship authorities about the improper upbringing of a child. When drawing up an application, indicate the address of the department and the applicant’s details. In it you need to write what happens upstairs with your neighbors every time you are at home.

Child running around the apartment

Strongly recommend taking action towards the family. Attach additional materials indicating the need for verification of the application (video and audio materials, characteristics from the school for the child).

Within three working days, employees will come, look at the child’s living conditions, and talk with neighbors. They will have an explanatory conversation with parents. In difficult life situations, a child may be temporarily taken away from the family. For example, a mother raises a child alone; she does not have the opportunity to look after him when she is at work.

The decision on the results of the audit is made within 30 days from the date of submission. The supervisory authority is obliged to notify the family of the results of the examination.

When children run around during the day and evening and scream, call the police. They will record the fact of an offense on the part of neighbors.

What to do if the upstairs neighbors are constantly making noise and children are running around

Not only children often stomp and jump, but adults also create loud noise. What to do when upstairs neighbors with children are constantly making noise in the apartment, how to deal with rowdies, we will consider further.

Sports games

There are situations when attempts to negotiate peacefully do not work.

Children, despite the conversations, begin to stomp, run and jump late in the evening. The neighbor's swearing can be heard in the apartment. The neighbor always yells back at him.

Read: Law on silence in the Saratov region in 2021: official text, noise regime and time

Application to the Ministry of Internal Affairs

There is a way out - call the Ministry of Internal Affairs. Call the duty department. The outfit will arrive within one hour. While you wait, make a recording on your phone recording non-compliance with silence standards. The police will be required to draw up a report on the offense. Indicate that you tried to resolve the problem peacefully, but nothing worked. The neighbors' children are running around making noise overhead, just as before.

It happens that the outfit takes a long time to travel, more than 1 hour. Call the duty station again and warn that you can file a complaint with the prosecutor's office regarding the inaction of police officers.

Complaint to the district police officer

If you contact the local police officer with other neighbors from your house, this will force you to respond faster. A collective complaint is the best option for dealing with noisy and stomping neighbors. Take recordings of loud sounds. Why is this necessary: ​​so that you will not be persecuted for libel in the future.

Do not forget that perjury entails liability under the Code of Administrative Offences. The amount of monetary penalties can reach up to 550,000 rubles.

In a private house

The application is submitted according to generally accepted standards:

1. You need to write in two copies.
2. Indicate the title and full name of the district inspector.
3. Write your personal information, your cell or home phone number.
4. Describe the claim in free form, but with details.
5. State the purpose of the statement.

The police officer will put a registration number on the application. This will be a guarantee against possible inaction of employees of the Ministry of Internal Affairs.

applications are possible here.

Normative base

Permissible noise standards are approved at the legislative level and are mandatory for all citizens and organizations of the Russian Federation. The main legal basis is Federal Law No. 52 of March 30, 1999, Code of Administrative Offenses, SanPiN 2.1.2.2645-10, SanPiN 2.1.8.562-96. In addition, local legislative acts are in force in the regions to protect the peace and quiet of the population.

Articles 6.3, 6.4 of the Code of Administrative Offenses of the Russian Federation outline penalties for exceeding noise levels and the amount of penalties. In Art. 23.13 of the Code of Administrative Offenses defines the bodies responsible for supervision and control over compliance with standards.

In some cases, it is possible to apply sanctions under Art. 20.1 of the Code of Administrative Offences, if the peace of citizens is disturbed not only by loud sounds, but also by the illegal behavior of the peace breaker (disrespect for society, swearing, insults, damage to property, and so on).

Exceeding noise standards is unacceptable:

• in residential apartment buildings and adjacent areas (parking lots, children's playgrounds, sports grounds, entrances, and so on);
• in educational, medical, cultural, recreational buildings, other public institutions and on the terrain belonging to them;
• in country and garden associations, crowded parks and other areas;
• in public transport.

Noise in empty areas is permitted; no fines are provided in this case.

We invite you to watch a video about what law regulates the protection of the rights of silence:

https://youtu.be/3y7wXWIyPts

Reasons for fines for noise after 23.00

The permitted noise standard in residential premises is 55 dB during the day, and 45 dB at night . The permissible deviation in residential premises is 5 dB, in adjacent areas - 10 dB (if railways or roads are located nearby).

Exceeding the designated levels is the basis for imposing a fine. It is imposed both on citizens and on officials, organizations, and individual entrepreneurs. The grounds for charging a fine include noise produced as a result of:

• construction and repair work;
• car alarm actions;
• operation of household appliances;
• human behavior (screaming, swearing, laughing, loudly playing sound-emitting devices, crying, playing musical instruments);
• shooting, use of explosives, pyrotechnics;
• moving furniture;
• loading and unloading operations;
• improper treatment of pets (squealing, barking).

A fine is imposed if noise is created during the period specified by law - from 23 to 7 o'clock. However, the time period may vary depending on the region. In many regions of the Russian Federation it is prohibited to make noise from 10 pm to 8 am. In addition, there is a “quiet hour” during the day - from 13 to 15 hours (or from 12 to 14 hours).

On weekends and holidays, the silence interval increases; it is observed from 10 pm to 10 am (or from 11 pm to 11 am). On these days, it is prohibited to carry out work on redevelopment of apartments that involves excessive noise.

The exception to the rule is New Year's Eve . The law does not prohibit making noise during this period.

Time intervals for high-profile construction and finishing works may vary significantly. In some regions it is not allowed to hold them from 19 to 9 o'clock, in others they are allowed from 8 to 22 o'clock. You cannot carry out loud work without a break for more than 6 hours in a row.

It is recommended to look at the exact standards on the official websites of the administrations of the constituent entities of the Russian Federation. You can read everything that residents need to know about how much noise can be made in apartments and private houses on weekdays and on weekends in our separate article.

Noise resulting from:

• obstacles to illegal actions, ensuring the safety of citizens;
• liquidation of emergencies and accidents;
• official events (cultural, sports, religious);
• other activities permitted or agreed upon by representatives of the law.

To assign administrative liability, it is necessary to provide evidence of a violation (video or audio recording, testimony from neighbors, noise level measurements by Rospotrebnadzor, and so on).

Liability measures for noise at night

Administrative liability for exceeding noise standards for citizens includes a fine, for legal entities - a financial penalty or suspension from business for up to 3 months.

Table 1 . The amount of fines for exceeding silence standards in cities of the Russian Federation (Articles 6.3, 6.4 of the Code of Administrative Offenses of the Russian Federation).

The amount of the fine may vary at the regional level.

Table 2 . The amount of retention in Moscow.

Find out more details about the silence regime in Moscow.
Table 3 . Collection amount in St. Petersburg.

We wrote about when you can and cannot make noise in St. Petersburg in another article.

The first time a warning or imposition of a primary withholding is possible, with each new violation the amount of the contribution increases several times (acceptably five times).

The amount of the fine is determined on the spot by an authorized person, for example, a local police officer called by neighbors. Additional recovery of material damage from the culprit of the noise is possible. Its value is 3-5 thousand rubles, however, with a collective complaint, the amount increases significantly.