Is it possible to listen to music loudly during the day in an apartment: law 2022, weekends and weekdays

In old apartment buildings there is an old problem - low-quality sound insulation. Although this problem has existed for a long time, not everyone living in these houses tries to follow the basic rules of community life. Many people in apartments listen to loud music during the day, which prevents others from resting during the daytime on weekends or reading or writing on weekdays. It is possible to rein in a troublemaker, but it is not so easy.

Apartment house

Is it possible to listen to music loudly during the day in an apartment?

According to the 2022 law, you can listen to music on weekends and weekdays, but only on condition that the sound strength does not exceed 30 dB. However, taking into account the fact that the walls in apartment buildings are thin and conduct noise too well, the sound needs to be turned down lower. Otherwise there may be serious problems with neighbors.

No sounds can be heard

Although, according to the law, a music lover may be right, there is no point in quarreling with neighbors. The optimal solution may be to install high-quality sound insulation in your apartment or room.

When is it permissible to make noise?

There are exceptions when noise on the street is allowed at any time in violation of established standards. These include:

• the alarm went off at the moment of illegal entry into the car;
• carrying out work to prevent or eliminate an emergency;
• on official holidays when public events are held. On New Year's Eve, in a number of regions it is allowed to use pyrotechnics until 3-4 am (for example, in Novosibirsk and St. Petersburg).

ADVICE! Before you complain about noise coming from the street, you need to make sure that there is no emergency.

There are two types of noise restrictions. It is on them that one should rely when filing a complaint about violation of the peace and quiet of citizens.

Actions of a person who is forced to listen to loud music

Loud noise negatively affects brain function. The person becomes irritable and finds it difficult to concentrate on one thing.

Loud music during the day

The main sufferers from daytime noise are most often pregnant women, pensioners and people working night shifts.

Constant irritation will sooner or later cause aggression on the part of the neighbor, who is forced to listen to loud music or songs all day long.

If attempts to persuade a neighbor to turn down the music are unsuccessful, then the police and the judge are called to help. However, it will not be possible to force a music lover to maintain order legally. It is quite possible that one of the neighbors, enraged by the loud music, will decide to punish him personally.

When is it permissible to listen to songs?

This is an extreme measure, and music is hardly worth such sacrifices. No one can return lost health to a music lover. Therefore, you can listen to music, but it is better to do it either with headphones or at a low volume level.

Quiet and Noise Law of 2021

In 2021, the law underwent minor changes, namely, amendments were adopted to paragraph 1.1 of Art.
39 of Law No. 52-FZ of March 30, 1999. Every citizen of the Russian Federation, according to legislative norms, has the right to rest during the dark period of the day. Therefore, all citizens are obliged to observe silence during darkness and other times established by law. A person who makes noise at night can be punished on the basis of Law No. 52-FZ of March 30, 1999 (as amended on November 28, 2015), which included some amendments in 2021, or more precisely, in paragraph 1.1 of Article 39. This law contains 60 articles.

The legislation of the Russian Federation prohibits the opening of any establishments (buffets, cafes and other establishments) in multi-storey buildings.

An equally important problem, as a result of which residents of houses cannot rest normally, is keeping pets in apartments that can bark loudly.

The law also limits the time for repair work in an apartment, which can only be carried out during the day.

To protect your rights, there is no need to contact law firms for lawyers. To do this, on the basis of Law No. 52-FZ “On Silence”, you will need to contact law enforcement agencies (precinct department or the duty department of the Ministry of Internal Affairs). In addition to law enforcement agencies, control of silence is entrusted to:

1. Management offices responsible for the quality of living of residents in apartments.
2. Rospotrebnadzor, which is responsible for the implementation of legislative norms on silence.
3. Courts that guarantee 100% compliance with legislative norms.

Note. Before filing a noise complaint, you must first resolve the problem with the neighbor who is disturbing the peace in a peaceful manner, and only after he has ignored the comments can you file a violation complaint.

When filing a complaint for excessive noise, it is necessary to prepare an evidence base confirming the offense. This may be an audio recording, or even better if a video recording is provided, since when the local police officer is called, by the time he arrives, the neighbors may stop making noise.

The complaint is submitted in writing, written in a free style, with attached materials confirming the fact of the offense. If there are witnesses confirming illegal actions, then they need to be invited to confirm the violation.

If the materials are properly prepared and irrefutable facts of unlawful acts are provided, the noisy neighbor will be given an administrative penalty, according to the Code of Administrative Offenses of the Russian Federation.

Amount of fine for noise in an apartment in 2021

The current legislative norms of the Russian Federation tighten administrative penalties for noise in the house after 23:00 at night. Thus, increased liability for noise in multi-storey residential buildings after 23:00 and before 07:00 was adopted by the State. Duma 02/3/2020. Therefore, in 2021, for excessive noise in a residential building, the punishment will be in the form of a fine:

1. For individuals – from 1,000 to 5,000 rubles.
2. For officials - from 5,000 to 50,000 rubles, or prohibition of activities for up to 90 days for individual entrepreneurs.
3. For legal entities persons – from 20,000 to 150,000 rubles, or prohibition of work for up to 90 days.

At the same time, it should be noted that each region can establish its own standards, which are developed and adopted in accordance with Art. 5.1 of Law No. 52-FZ.

For the first offense, as a rule, the perpetrator of the increased noise is subject to a warning, but if the comments are ignored, the offender is subject to a financial penalty. So, for example:

• The primary penalty, which is imposed on the basis of a neighbor’s claim when the sound level is loud, will range from 1,000 to 3,000 rubles.
• In case of repeated offense, the culprit will have to pay 4,000 rubles.
• If the violator disturbs the peace for the third time, he will have to impose a penalty equal to 5,000 rubles.

Below is a table that clearly demonstrates the stages of punishment for violators of different statuses, depending on the number of violations.

These amounts are approved for residents of multi-storey buildings, and as you can clearly see, for institutions that do not maintain peace in their houses, the penalty can reach up to 150,000 rubles, which is a lot.

How does a music lover perceive the situation?

A lover of loud music perceives neighbors' complaints as annoying noise, and often does not understand why he should turn down the volume. After all, he doesn't break the law. You can listen to music during the day, but at night he doesn’t turn it on.

High audibility

Such a person is outraged by why he should obey general rules and not act as he wants. This behavior is understandable, since the age of a music lover usually varies from 10 to 25 years. Most often this is an unemployed and familyless person.

What is the danger of noise that exceeds permissible standards?

Whatever the reason for exceeding permissible standards, it interferes with rest, study and work.

The human body reacts negatively to noise. Prolonged repair work or other actions that disturb the silence lead to a decrease in reaction, absent-mindedness, irritability, nervousness and hinder intelligence.

The citizen's productivity decreases. Exposure to sounds exceeding 70 decibels increases the risk of accidents and causes hearing loss. This especially affects pensioners, young children, disabled people and women.

Video

If a person on the street or at home is exposed to noise up to 60 decibels for a short period of time, this is not dangerous. However, exceeding the value of the indicator can provoke the development of nervous system disorders.

It's not just loud music in the apartment that's annoying

A factor that can piss off neighbors is not only loud music, but also other noise. No one forbids behaving loudly in an apartment during the day, but this can also lead to conflict with neighbors. Screaming, knocking, stomping, howling of a dog or loud meowing of a cat, crying of children - all this can be annoying, especially if the noise is made regularly.

Silence standards in the Russian Federation 2022

Exceptions in legislation

The standards specified above are not taken into account when we are talking about exceptions prescribed in regional legislation. These include:

1. Elimination of emergencies and accidents at life support facilities.
2. Special operations of security forces.
3. Religious holidays.
4. City festivities and holidays.
5. Coordinated sporting events.
6. Loading and removal of snow in winter.

Such actions and events will not be considered a violation of silence standards.

Renovation in a new building

Alternative for music lovers

If you can’t listen to music in an apartment at full speaker power, then you should do this in a country house or in a private house. However, not everyone can afford it.

The simplest solution may be to buy headphones and listen to music through them, or to install increased sound insulation in the apartment. This is the only way to avoid a conflict situation due to listening to loud music and maintain peace with your neighbors.

Audibility of sounds

Punishment for violators

Measures to combat silence violators depend on the time of sound occurrence and its source.

During the day

If the sound from the street exceeds the permissible standards, then this is a reason to contact Rospotrebnadzor. For example, next to the house there is a cafe in which loud music plays every day, interfering with normal rest.

If the owner refuses to turn down the volume, then it will be necessary to prove illegal actions and carry out special measurements. And based on the results of the examination, go to court. Violation of sanitary standards is punishable under Art. 6.3 and 6.4 of the Administrative Code. The manager of a cafe may be fined or even have his activities suspended.

What the law says

The main law limiting the time during which noise can be made is considered to be Federal Law 54 “On Silence”. The law was first passed in 1999. In 2021 and 2022, the latest amendments were made regarding the time when noise can be made and the permissible sound level. The definition of noise, in accordance with the adopted legal act, includes the following:

• screaming, loud talking, crying;
• loud music;
• dog barking, meowing and other noises made by animals;
• sounds produced by household appliances;
• sounds produced by construction equipment and tools.

You can't make noise at night

The law specifies how long it is permissible to listen to loud music. In the regions it is from 7:00 to 21:00.

However, in many of them the time is from 8:00 to 21:00 on weekdays and from 10:00 to 22:00 on weekends. As, for example, in Moscow and the Moscow region.

In Yekaterinburg, Nizhny Novgorod and Tyumen, you can listen to music from 8:00 to 22:00 on weekdays and weekends. In Novosibirsk, the law sets this time from 8:00 to 22:00 on weekdays and from 9:00 to 20:00 on weekends.

Will we allow noise under the windows?

It is not possible if the noise is made during a part of the day that is restricted by regional legislation. It is necessary to maintain silence, both in your own apartment and in the area around the building. Therefore, in case of noise under the windows, you can contact the police, after which the employees are obliged, upon arriving at the place, to talk with the violators, if necessary, draw up a report.

Also, the district police officer, after contacting him, must perform similar actions. The response to your request should be timely, there should be no additional requirements (for example, measure the noise level yourself or compare whether the noise exceeds the imposed restrictions).

Until what time is it acceptable to make noise in the yard? Until the time determined by the beginning of the night period by regional legislation.

Legal way to solve the problem

Typically, the relationship between a loud music lover and irritated neighbors looks like this:

1. Warning. If the silence breaker is more or less adequate, he will reduce the volume or find a way to comply with the conditions of the hostel. For example, starting to listen to music through headphones.
2. Call the police. Residents contact the police when warnings and exhortations do not work. This is rather an attempt to scare, since the police cannot bring administrative liability to the violator of the order. The law on silence does not allow noise from 9 pm to 7 am on weekdays and from 11 pm to 10 am on holidays and weekends, unless otherwise decided by local authorities.
3. Rospotrebnadzor. He will have to determine the cause of the high noise level, the presence or absence of violations of GOST. Is the permissible level really exceeded, or is it all about the insufficient level of noise insulation of the building? Rospotrebnadzor must issue an appropriate document confirming or refuting the fact of violation of the law.
4. Court. Neighbors can go to court. But to win, they need to collect evidence. In particular, conduct an examination of excess noise levels, assess how destructive the sound is to the condition of the building, and then sue the loud music lover.

When is it okay to make noise?

Winning a trial in such cases is difficult, but possible. In judicial practice, there are even cases where a tenant was evicted from an apartment due to listening to loud music during the day. But such cases are very rare. To do this, several victims must submit complaints and evidence of guilt to the court.

Deadlines for payment of fines

According to Art. 32.2 of the Code of Administrative Offenses of the Russian Federation, an administrative penalty is paid no later than 60 days from the date of entry into force of the decision to impose a fine. The latter acquires legal force 10 days after receipt by the culprit. That is, after the violator receives the resolution, he has 70 days to pay the fine.

Failure to pay within the specified period entails punishment - an increase in the penalty by 2 times (at least 1 thousand rubles) or arrest for up to 15 days, or compulsory work for up to 50 hours.

Prosecution is permissible up to 3 months after late payment. If it does not happen, the enforcement proceedings are automatically terminated, and collection is no longer threatened.

What threatens noisy neighbors?

The most offensive thing is the fact that there is no serious threat to rowdy people and those who cannot complete repairs for years. The legislation provides only a few options for influencing:

• A fine of 1 to 30 basic units. As a rule, in case of occasional violations of the curfew, services are limited to one basic one - this is only 25 Belarusian rubles. Not so much when compared with the moral damage caused and the inability to go to bed or put frightened kids to bed.
• The fine is imposed not by the local police officer who arrived at the scene of the events, but by employees of the housing and communal services service on the basis of 2 or more drawn up acts of disturbing the peace;
• You can complain about constantly noisy neighbors every day. In this case, the last resort will be forced eviction. But it will take years to achieve it, and not alone, but collectively, with the whole entrance. If a sufficient number of administrative acts are collected, the issue of eviction will be considered in court. In this case, the troublemaker is given 1 year to sell the home and buy an apartment in another place. And it is by no means a fact that the new neighbors will not begin protracted repairs.
• Another measure of punishment is imprisonment for 15 days. But it applies only to drunken and aggressive rowdies who oppose law enforcement officers.

Solving the noise issue by involving government agencies is not always the best option. Firstly, you distract law enforcement officers from really important matters: patrolling the streets and combating hooliganism and robbery. Therefore, the squad that comes to a call often expresses its dissatisfaction in an undisguised form.

Secondly, evaluate how acceptable that law is to you. Are you ready to endure “volleys of construction tools” from 9 to 19.00 every day? If you are at work all this time, you are a happy person. But often people work in shifts or are completely at home: caring for children and elderly relatives, working remotely, or retired. For them, the lack of noise on weekends is little consolation. The law cannot help.

And finally, when calling the police on a noisy neighbor, be prepared for open confrontation. The relationship situation will worsen, and you will have to live next to each other for many years.

Proven Ways to Influence

Of course, they also do not improve the situation at the entrance, but sometimes they turn out to be more effective than calling the police:

• Is your neighbor making noise at night? This means he likes to sleep in the morning. Play loud music for him when getting ready for work. From the point of view of the law, you are clean - after all, it is already after 7.00 in the morning, and in the morning he has a headache much more than other neighbors.
• Take your dirty linen out in public. If your neighbor bothers you at night with the creaking of the bed and characteristic sounds, write a notice about it and hang it at the front door. You don’t give a name and you don’t encroach on anyone’s honor, but those who have a “sin” will clearly understand to whom the appeal is addressed and will behave more quietly.

• Agree with other neighbors to organize a boycott. This helps to solve the problem with reasonable and educated people.

The situation is much worse with those who like to abuse and bring drunken company with them. In this case, you should not get involved in a fight yourself - it is better to immediately call the police.

Rented apartment or hangout in the entrance

Conscientious adults are unlikely to make noise at night. And you can almost always agree with them on the timing of repairs and redevelopment. Another issue is a rented apartment, the residents of which are often students and young people. In this case, all appeals to the housing office will be considered as related to the apartment owners themselves.

What to do if neighbors renting an apartment are noisy?

• First of all, talk to the owner. Perhaps he will resolve your issue in a month, simply by evicting the careless tenants;
• The situation is worse with daily rental apartments, where in 90% of cases drunk youth gather. In this case, the best option is to contact the tax office at the address where the apartment is located. An inspection will be organized and very serious measures will be taken.
• If you know for sure that the apartment is being rented out under a lease agreement, then you should contact the housing department and the tax office. Measures against such rowdies are taken quickly and peremptorily.

Remember that the first step to a peaceful resolution of a conflict always lies in a simple conversation. Perhaps that same person with a drill in iron boots will turn out to be a very good and good-natured neighbor with whom you will not only be able to come to an agreement, but will also begin to become family friends. Therefore, calling the police is best left as a last resort.

Where to file a complaint

Despite all the provisions and prohibitions of the law, dealing with noisy neighbors can sometimes be difficult. What should victims do if the problem cannot be resolved peacefully?

To calm down the violent residents, you should call the police department. A local police officer must come to the scene and document the violation of order in the form of a protocol. This protocol can subsequently be used to impose administrative sanctions on troublemakers.

In cases where police actions are not enough to suppress, you should go to court to protect your rights. The outcome of the claim in this case depends on the evidence that the injured party can provide. So, you can record the facts using an audio recording or film the actions of hooligans on a car DVR. The chances will increase significantly if a class action lawsuit is filed in court. Or simply enlist the testimony of neighbors.

Serious difficulties are experienced by those who live near shopping and entertainment centers or catering establishments that are open 24 hours a day. Noise can also come from large plants and factories. It is better to contact Rospotrebnadzor with statements about such inconveniences of this kind. Specialists will arrive at the stated address, measure the noise level, and if a violation is established, the legal entity will be fined.

Exception : law enforcement officials will not be able to help those citizens who live near railways. Complaints regarding noise of this kind cannot be satisfied.

Law of the Russian Federation

From the position of the state, the rights of people to silence are protected by federal law No. 52. Article 23 establishes that the level of noise and vibration in residential premises must meet certain standards.

These standards are fixed in a separate document. It is SanPiN 2.1.2.2645-10. There is a fourth section saying that night time is the period of the day starting from 11:00 pm to 7:00 am. The same document establishes the permissible volume level:

• for multi-apartment buildings - this is 55 decibels during the day and 55 at night;
• for areas adjacent to apartment buildings - 70 dBa during the day and 60 dBa at night.

The leadership of the constituent entities of the Russian Federation has the opportunity to introduce punishment to ensure peace and quiet for citizens. Authorities can change the hours of day and night and determine what constitutes noise. Exception situations may also be indicated.