Law on silence in the Rostov region in 2021: apartment building in Rostov-on-Don

Every citizen of the state has the right to rest and peace. The current law on silence in the Rostov region in 2021 (the full text with changes can be downloaded at the end of the publication) on weekends and on weekdays is prescribed by the regional Administrative Code. The official text of the document prescribes the hours when it is allowed to make noise during the day, and repairs cannot be carried out at night. The silence regime in the Rostov region is valid in apartment buildings and in the private sector.

Loud music makes it difficult to sleep

Possible causes of noise

To understand where to go to complain about noise, you must first determine the cause.

What noises are most common:

• carrying out repair work;
• the sound of loud music;
• playing musical instruments;
• the sounds of sirens and passing cars;
• sounds from nearby construction;
• singing;
• dogs barking;
• whistling;
• singing;
• grinding, creaking.

Based on the legal aspect, noise can be divided into systematic noise, produced at any time of the day by people or equipment. They refer to violations of sanitary standards. Sounds coming at night are a violation of the legislation on administrative liability.

Who's making noise?

Also, before complaining, you need to figure out what is the source of noise, what is prohibited/allowed by law, and what conditions must be met to reduce it.

Transport

In houses located along busy highways and railway tracks, there will be a constant hum from passing traffic. The legislation of the Russian Federation provides for the obligation of local governments to ensure noise reduction through the use of noise barriers. For houses up to 3 floors, these can be natural or artificial elements of the terrain, for example, the construction of embankments, slopes, the construction of vertical or inclined walls, galleries.

The most effective way to provide sound insulation for residential areas, neighborhoods, and blocks in urban areas is to use noise-proof buildings as screens that protect against traffic noise.

Construction

The noise from construction work may not stop day or night. But, at night, restrictions must be observed:

• Loud work is prohibited, for example, driving piles or using equipment whose noise and vibration exceed the permissible limit;
• It is prohibited to use loudspeakers;
• it is necessary to turn off the engines of vehicles at a construction site;
• You cannot weld without installing protective screens;
• Do not direct the light of spotlights onto the facades of nearby residential buildings.

Source sportsweek.org

Shop or cafe

If there are shops or cafes in your home or neighborhood, they must comply with the following requirements:

• the living and recreational conditions of residents must not be violated;
• the entrance must be isolated from the residential area;
• hygienic standards for the level of vibration, infrasound, noise and electromagnetic fields, as well as safe concentrations of pollutants in the atmosphere must be observed;
• You cannot organize parking for vehicles in the yard and unload goods and products from the entrances and windows of a high-rise building.

Children

It is often not easy to resolve a conflict with a family in which children make a lot of noise. They explain the constant noise by the activity of the younger generation, as well as by the fact that, according to the new requirements, children's noise is not a violation of the law on silence.

Indeed, the crying of children under 2 years of age is not considered a violation, but this has nothing to do with the stomping and screaming of older children.

Therefore, permissible noise levels for residential premises located in apartment buildings must be observed. Exceeding is allowed no more than 2 times a month.

Source RaisingChildren.rf

Resident of an apartment building

All residents must comply with the Quiet Law. It establishes the time for repairs, maintaining silence, penalties for violation

Night work is not allowed: legislative restrictions

Legislation limits the possibility of night work or introduces special permitting procedures for certain workers due to their age, marital status or health status.

It is prohibited to use the labor of pregnant women and adolescents under 18 years of age at night (Article 96 of the Labor Code of the Russian Federation).

With the written consent of the employee, the employer may use the following labor during night employment:

• women who have children under 3 years of age;
• disabled people (for this group there must be no medical contraindications);
• single parents and guardians with children under 5 years of age;
• parents with disabled children;
• workers who, according to a medical certificate, are caring for seriously ill family members.

Workers from the listed groups have the right to refuse night work. And if they agree, they must confirm in writing that they have been notified by their employer of their legal right not to work at night.

In the timesheet, indicate the letter code “H” or the numeric “02”; in the cell below, indicate the number of hours worked at night.

Permissible norms of sound vibrations in an apartment building

As an example, in the table we have provided a comparison of sound intensity under different conditions.

140 dB is already a pain threshold.

Maximum permissible sound pressure levels, equivalent and maximum sound levels are established in the sanitary rules of SanPiN. Standards are established for apartments and areas adjacent to houses. They depend on the time of day:

• During the daytime 55–70 dB.
• At night 40–55 dB.
• The noise under the windows at night is 45–60 dB, during the day 55–70 dB.

How to measure noise level

There are several ways to do this:

• Using a sound level meter. With it you can measure the sound in dB. Measurements are taken at several points and the average value is calculated. The cost of the device is about 2 thousand rubles.
• Use of special computer programs. They are installed on a PC or mobile device. They pick up noise using a microphone. The most popular: Sound Meter, Decibel 10th, Decibel Meter.
• You can order a noise measurement service from specialized companies and design organizations that are members of design and survey CPOs. In this case, you will have an official report.
• If you have filed a formal complaint with Rospotrebnadzor or gone to court, authorized employees will also measure the noise.

When making noise is prohibited

It is forbidden to carry out drilling or make noisy repair work in an apartment building at night. The standard violation is noise at night, i.e. from 22.00 to 07.00. On weekends from 23.00 to 7.00 local time.

Additional restrictions may apply depending on your region. For example, in Moscow you cannot carry out noisy repair work between 13.00 and 15.00.

Exceptions may be:

• Carrying out work to eliminate the consequences of accidents and natural disasters.
• If urgent work is carried out.
• If the noise is caused in accordance with the requirements of a professed religion.

What behavior of noisy neighbors is a violation?

Reasons to hold neighbors accountable may include:

• loud music at night;
• endless barking of a dog or the sounds of another pet;
• operation of a drill and jackhammer at night;
• noise in the neighboring apartment after 23.00;
• exceeding the maximum noise level established for daytime and nighttime periods.

Factors determining the amount of pay for night shifts

The law establishes increased pay compared to daytime hours for each hour worked at night. The size of this increase depends on several important nuances:

• the minimum wage for night work established by the state;
• numbers set out in the relevant local act (usually the additional payment is a percentage of the daily salary or tariff);
• the number of night hours during which the employee was busy.

The amount of additional payment for each night hour of work cannot be less than a fifth of the regular daily salary (Article 154 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation of July 22, 2008 No. 554).

NOTE! A shift schedule or a regular schedule is accepted in the organization; night hours are paid according to the same principle - with an additional payment.

What the law says

There is no unified Federal law on silence in Russia yet, but each region adopts its own legislative act in accordance with the peculiarities of the life activities of citizens.

For example, in Moscow there is a special “Law on Silence” in an apartment building.

It sets out the following requirements:

• Daytime hours are set from 7.00 to 22.00 on weekdays and until 23.00 on holidays.
• It is prohibited to make noisy repairs on Sundays and non-working holidays, during lunch from 13.00 to 15.00. The exception is cases when work is carried out within one and a half years from the date of putting the apartment building into operation.
• Crying children are not included in the list of violations.

You can view the legal requirements in your region on the local administration website.

Documents on payment for night work

An enterprise must necessarily regulate the conditions for organizing and calculating remuneration for work outside normal hours. This should be implemented in the following local acts:

• in the regulations on wages (general or issued specifically for night hours);
• in the collective agreement (the opinion of the trade union body must be taken into account)
• in an employment contract with an individual employee;
• in the order to attract an employee to work at specified hours (if this is done one-time or an employee is attracted from a special contingent).

IMPORTANT! An order is necessary only in special cases; with a permanent schedule with night shifts, it is enough to fix the payment procedure in the Regulations.

Where to complain about troubled neighbors

The best solution to the dispute is a peace agreement with neighbors. You should only complain to the authorities if the neighbors are making noise out of spite, exceeding the maximum noise level, especially at night.

Most often, they file a complaint with the local police officer or the police department, the HOA, Rospotrebnadzor, or social services. The court is the final authority. Let's look at the features of applying to institutions.

To the police or personally to the local police officer

Most often, they file a complaint with the local police officer or call a police detachment. The police will record an offense and open a case if an official document is drawn up confirming that an offense has been committed.

In this case, an inspection will be carried out and, if the fact is confirmed, a fine will be imposed on the violator.

You can submit a complaint orally or in writing. In the first case, the local police officer draws up a protocol based on the victim’s words and he certifies it with his signature. In the second, the complaint is made directly by the victim.

Source littleone.com

Competently drafting a complaint to the Internal Affairs Directorate

In order for the case to proceed, the complaint must be drawn up correctly, although no official form is provided.

What the document should contain:

• Name of the authority to which the complaint is filed.
• FULL NAME. applicant, passport details, place of registration and residence.
• Document's name.
• Specific facts with time and date, what/who disturbs the peace of the residents, the complaint must be reasoned
• Please take action.
• If possible, please indicate your full name. the offender or where he lives.
• The application is signed and a date is set.

Below is a sample complaint about noise from neighbors.

It would be better if the complaint is accompanied by materials indicating that an offense has been committed:

• video materials;
• audio recordings of dialogues with the offender;
• copies of applications sent to various authorities prior to the current application;
• expert opinion on noise level.

Submit your application in person, by visiting the site or by sending a registered letter. The first option is preferable, since the complaint will be considered faster.

Collecting signatures from other neighbors

It is better for the complaint to be signed by several neighbors. Then the document also indicates their full name and place of residence.

There is no need for everyone to go to the police station together; all you need to do is sign a statement and send one person to register a complaint with the police.

In a homeowners association or housing office

You can contact the HOA; they do not have the right to impose fines; it is within their competence to conduct a conversation with the offender and warn him of responsibility. A visit from an authorized employee can have a greater impact than conversations with neighbors.

To social services

You can complain to social services if your neighbors baby often cries. An investigation will be carried out and action will be taken against the parents.

Rospotrebnadzor

A complaint is filed with Rospotrebnadzor if the peace is disturbed by construction going on under the windows, traffic noise, or noise from a store or cafe. Employees of the institution have the right to verify the fact of violation and impose a fine if a violation is detected.

To court

If it is not possible to resolve the conflict out of court, you should file a claim against your neighbor. In this case, you can achieve a change in his behavior and receive compensation for moral damage.

To a security agency

There is no point in complaining to the security agency, since they do not have sufficient powers to bring the violator to justice. However, in some cases, a security agency can help protect against neighbors in the event of a malicious violation.

How can private security company help?

The private security company will help collect evidence of the offense in order to confirm the fact in court or with the police.

What tools can you use:

• Installing a “Panic Button” to quickly call the squad in the event of a violation.
• Installation of video cameras to record the fact of disturbing the peace of residents.

Penalties for violators

They can be fined under Art. 6.4 of the Code of Administrative Offenses of the Russian Federation “Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport.”

The amount of the fine will be:

• for an individual 500–1000 rubles.
• for officials – 1000-2000 rubles;
• for individual entrepreneurs – 1000–2000 rubles. or administrative suspension of activities for up to 90 days;
• for legal entities - from 10,000–20,000 rubles. or administrative suspension of activities for up to ninety days.

Regional authorities can introduce their own fines, for example, the amount of the fine for violating the silence in Moscow per violator will be up to 3,000 rubles, for non-compliance with the rules for keeping animals up to 6,000 rubles.

How to deal with noisy neighbors on your own

To avoid becoming a violator yourself, you must not do the following:

• use force, threaten physical force;
• raise your voice and show other signs of aggression;
• write complaints based on personal hostility, and not on facts.

What you can do yourself:

• Try to talk to your neighbor and give reasons for your wishes.
• Agree on a time convenient for both parties to carry out noisy work.
• Help him complete the work.

FAQ

How long does it take to process official complaints?

In order for the complaint to be considered faster, submit it directly to the district police officer, since complaints filed at the police department still get to him, but this will require additional time. The period for consideration of complaints filed with a district police officer is up to 10–15 days; when going to court, up to 30 days.

Who pays for the acoustic examination?

If an acoustic examination was carried out, as a result of which the guilt of the neighbors was proven by the court, they will have to compensate for the costs of its conduct. Keep in mind in advance that there may be exceptions to the examination, for example, when the cause of disturbance is the child’s continuous crying. Even if the rules are violated, according to the law you will not be able to hold your neighbors accountable.

Comedy and nothing more

In the Russian comedy “The Official” (18+), there was no place for the holiday, because its main character, the owner of a construction company (Pavel Maykov), is on the verge of bankruptcy. A business can be saved by winning a tender, which “our” person, a familiar official (Andrei Burkovsky), is ready to provide; you just need to motivate him. But a well-planned scheme falls apart from the first step. How director Vladimir Motashnev reveals the theme of power and unscrupulousness with Gogolian ruthlessness, viewers will find out on January 4.