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A very hectic life, or what to do if the neighbors are noisy

1. Determine where exactly the noise is. Sometimes this is quite difficult to do: if a hammer drill starts up somewhere in an apartment building, many walls and ceilings will vibrate. It’s good if the neighbors “showed up” with their renovations earlier. Loud sounds from TV speakers (computer, stereo) due to multiple reflections from hard surfaces can also create a misleading impression of the culprit of the noise, so you will have to be careful.
2. Try to come to an agreement. Perhaps the neighbors just got carried away, didn’t think, and forgot about the time. It happens that people simply have no idea how well their neighbors can hear their TV (conversations, the noise of a washing machine). In some cases, simple negotiations are enough to resolve the problem.
3. Don't agree? There is only one way out - call the police. How quickly employees will arrive is a very difficult question. If the neighbors still do not calm down, the police will draw up a report at your request, and you yourself will have to write a statement. Has the noise stopped? You can still complain, and the police are obliged to accept your statement.
4. If the neighbors have committed a crime for the first time, the district police officer will simply warn them and hold a conversation. In the future, nighttime troublemakers should be fined.
5. As an applicant, the police and other administrative authorities are required to notify you of all measures taken. But this is theoretical. Numerous complaints about the inaction of the police, administrative commissions and other organizations show that it is not easy to get not only an answer, but even the slightest activity from representatives of order and the law.

Where to complain?

If there are problems with noisy tenants, residents of an apartment building have four options:

• solve the problem on your own;
• call the police and make a call;
• write a complaint to the police, in order to consider which the relevant officials must go to the noisy citizen and check the authenticity of the complaint;
• file a claim in court.

The choice of action remains at the discretion of the resident who is disturbed by the noise.

Where to go and what to do if neighbors are noisy at night

The method of dealing with negligent neighbors - owners is provided for in Article 293 of the Civil Code of the Russian Federation of November 30, 1994 No. 51-FZ. The provisions of this article are aimed at pacifying the owner of a residential premises who uses it for other purposes or systematically violates public order and the peace of other residents. Since the owner may ultimately lose the apartment, the necessary actions to “educate” him are described in great detail in Article 293.

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Night Disturbance Law

The same Appendix also shows the maximum sound levels, set within 55 decibels for daytime and 45 for nighttime.

There is no single law on silence in the Russian Federation. In each region, such a law is published separately; in addition, provisions on sanctions for its violation are prescribed in the Code of Administrative Offenses of a particular subject of the Russian Federation.

The silence laws state:

• a period of time during which it is impossible to produce sounds exceeding permissible levels (as a general rule, this is 23 - 7 hours);
• days of the week on which noise is not allowed (these are weekends and holidays approved at the state level);
• liability for failure to comply with established requirements (fine).

The latter is described in more detail in the region’s Code of Administrative Offences.

Combating violations of the right to quiet rest is difficult, but possible. To do this, it is important to know that there are certain sanitary standards regarding noise exposure to humans, which must be observed when operating residential premises, and for non-compliance with which the guilty person will suffer a certain punishment (in this case, a fine).

The difficulty here is determining the acceptability of noise from the point of view of sanitary rules, since anthropogenic sound impact (that is, caused by humans) is not standardized by SanPiN. Therefore, to record the fact of violation of the legal rights of residents to silence, it is necessary to involve police officials, as well as other neighbors.

Neighbors keep me from sleeping at night, what should I do?

“I have a panel house, audibility is very good... The neighbor from below starts arguing with his wife after 23.00, when she returns home. Until 23.00 he raises his children. The noise is terrible, audibility is good, you can practically convey non-standard vocabulary to your neighbor's words. One of my children is 2.5 years old, the second is 1 month old. He does not respond to my requests. At 21.00 I put them to bed, but they cannot sleep because... he prevents them from falling asleep with his screams. Tell me what to do and how to “SHUT UP” him,” writes Valery Yarmolinsky.

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Collecting evidence

To hold your neighbors accountable, you will need evidence of the noise they make. Unfortunately, testimony alone is not enough here, although they are also necessary.

• Voice recording. The ideal option would be to make a voice recorder not only in the apartment, but also on the landing;
• Recording from CCTV cameras (if they are installed at the entrance);
• Photos;
• Testimony from neighbors.

Conducting an independent examination

An independent expert can be hired to prove that permissible noise standards are exceeded. His conclusion will be indisputable evidence that no one can challenge even in court.

Note! Such a specialist must have the appropriate license. Be sure to ask to show it to you before starting any work.

The same applies to the equipment he uses. The device used for measurements must be certified and included in the appropriate list of accredited devices for such studies. Otherwise, the act drawn up based on the results obtained will not have legal force.

The drawn up report must reflect the date and time of noise level measurements, indicate the equipment used, and record the results obtained as a result of the measurements.

When carrying out measurements, there must be witnesses present who confirm the correctness of the work and the accuracy of the information entered in the report. The details of witnesses are also indicated in the report.

Club of Defenders of Silence

I live on the first floor. Neighbors from above, a mother and her minor son. Mom works somewhere in a hospital and is on duty every fourth night. On these nights, her son brings a group of about 15 people to his place. To say that they scream and stomp is an understatement. Although they stopped playing music. I regularly call the police and write statements. But without confirmation from other neighbors, the district police officer simply puts the statements into the case. The neighbors on the third floor are in cahoots with the second floor, so they don’t complain about each other. Side neighbors can't hear it. It turns out that I suffer alone and do not sleep every fourth night. I already turned on the music and knocked on the battery. But drunk teenagers don't care. The police do not open the door and stop making noise; when the police arrive, they can see through the window. What should I do? It is impossible to live like this anymore.

Summary:

• Related topics
• Ask a free question to a lawyer
• Questions
• What to do in this situation if the neighbors above do not allow you to sleep at night.
• The neighbors constantly argue at night, don’t let me sleep, and swear loudly. What to do?
• My neighbor's dogs are constantly barking, preventing me from falling asleep and sleeping normally.
• What should I do. The neighbors upstairs are noisy and don't let me sleep.
• What can be done? The neighbors drink and yell at the child very loudly at night and don’t let him sleep.
• Neighbors don't let you sleep at night, what measures can be taken, what does the law say?
• From what time can you make noise? What to do if your neighbors don't let you sleep from 5-6 in the morning?

Related topics

Questions

1. What to do in this situation if the upstairs neighbors do not allow you to sleep at night.

1.1. Hello Dmitry! The law assigns control over compliance with the law on silence to the Department of Internal Affairs. If your neighbors violate this law, you have the right to call the police or file a statement with the local police department so that the local police officer can check the statement and, if there are grounds, draw up an administrative protocol.

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1.2. Violation of peace and quiet at night (from 11 p.m. to 7 a.m.) may be recognized as an action entailing a violation of the legal rights and interests of other persons, incl. neighbors. The legislation provides for administrative liability for committing actions that violate the peace and tranquility of citizens. In accordance with the Federal Law of November 21, 2011 N 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation,” citizens of the Russian Federation have an inalienable right to health protection. This right is ensured, among other things, by the creation of favorable conditions for recreation. In case of disturbance caused to the borrower at night, sleep and night rest are disrupted. According to medical indications, the duration of uninterrupted sleep at night should be at least eight hours. Call the local police officer (in writing) after 11 p.m. let him draw up a protocol bringing his neighbors to administrative responsibility under the Code of Administrative Offenses of the Tomsk Region.

2. Neighbors constantly argue at night, don’t let you sleep, and swear loudly. What to do?

2.1. Hello, Lena! You have the right to contact the police to report your neighbors. The police will investigate this fact.

2.2. Hello, call the police. They should be brought to administrative responsibility for these actions. Good luck and all the best

2.3. Hello Lena! In each case, contact the police, call the moments when they are screaming and provide details.

2.4. Hello! If they disturb the peace and quiet, call the police. Also submit an application to the local police officer at your place of residence.

2.5. According to regional legislation, disturbing peace and quiet at night is an administrative offense. So, according to Article 3.13 of the Code of Administrative Offenses of Moscow, approved. Moscow Law of November 21, 2007 No. 45, committing actions that disturb the peace and quiet of citizens from 23:00 to 7:00 in protected areas established by the legislation of the city of Moscow and in protected premises, as well as committing actions that disturb the peace and quiet of citizens, when carrying out reconstruction and (or) redevelopment of residential premises in an apartment building and (or) non-residential premises that are not the common property of the owners of premises in an apartment building, other repair work in these premises from 19:00 to 9:00 and from 13:00 to 15:00, as well as on Sundays and non-working holidays (except for cases when the specified work is carried out within one and a half years from the date of putting the apartment building into operation), with the exception of actions aimed at preventing crime, eliminating the consequences of accidents, natural disasters, other emergency situations, carrying out urgent work related to ensuring the personal and public safety of citizens in accordance with the legislation of the Russian Federation, actions performed during the exercise of religious worship within the framework of the canonical requirements of the relevant faiths, cases provided for in Articles 4.46 and 4.50 of this Code, as well as during cultural events permitted by state authorities or local governments in the city of Moscow -

entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand to two thousand rubles; for officials - from four thousand to eight thousand rubles; for legal entities - from forty thousand to eighty thousand rubles..

Contact the police to initiate administrative proceedings against negligent neighbors.

2.6. Hello, Lena! According to the current legislation, control over compliance with the law on silence is entrusted to the internal affairs bodies, therefore, if your neighbors violate the law, you can call the police, you can also submit an application to the local police department, the local police officer must check the application and, if this fact is confirmed, draw up an administrative protocol. The local government body, if you contacted them (preferably with a collective statement), has the right to send a warning to the culprit, and if there is no response on his part, to sue. Best regards, Stanislav Pichuev.

2.7. Good afternoon, Lena! If there is a violation of public order or noise at night, call the police. Every problem has a solution, the main thing is to be able to find it. Thank you for using the site's services!

3. My neighbor’s dogs constantly bark and prevent me from falling asleep and sleeping normally.

3.1. Good day! To bring to justice the neighbors who are bothering you, you need to measure the noise level with the help of Rospotrebnadzor and go to court demanding compensation for moral damage.

3.2. Write a complaint to the administration at your place of residence so that they can check compliance with the rules for keeping pets in apartment buildings.

4. What should I do? The neighbors upstairs are noisy and don't let me sleep.

4.1. Hello. Are angry neighbors disturbing your sleep? Call the police. They will come and hold you accountable. There is no other option in this case.

4.2. Hello Catalina! According to the current legislation, control over compliance with the law on silence is entrusted to the internal affairs bodies, therefore, if your neighbors violate the law, you can call the police, you can also submit an application to the local police department, the local police officer must check the application and, if this fact is confirmed, draw up an administrative protocol. The local government body, if you contacted them (preferably with a collective statement), has the right to send a warning to the culprit, and if there is no response on his part, to sue. Best regards, Stanislav Pichuev.

5. What can be done? The neighbors drink and yell very loudly at night and don’t let the child sleep.

5.1. Hello, Natalia. If your neighbors have this state of affairs and they constantly exceed the norms of behavior, write a statement to the police. For a child, you can contact the guardianship and trusteeship authorities. The question is the age of this child.

6. Neighbors don’t let you sleep at night, what measures can be taken, what does the law say?

6.1. There is one effective measure - call the police. Silence breakers will be brought to administrative responsibility. Good luck to you.

6.2. Neighbors don't let you sleep at night, what measures can be taken, what does the law say? The police only have the right to draw up an administrative protocol, after which they will be invited to an administrative commission.

7. From what time can you make noise? What to do if your neighbors don't let you sleep from 5-6 in the morning?

7.1. Hello. Try talking to your neighbors, if that doesn’t help, file a complaint with the local police officer.

How not to act

What you shouldn’t do when dealing with noisy neighbors is to use illegal methods: threaten or make noise yourself. In this case, sanctions may already be applied to you.

The court and law enforcement agencies will not listen to excuses in the style of “they started it first.” You will have to answer for your actions.

We hope this article has given you the answer to your question and you now know what needs to be done and where to go.