Living in an apartment building comes with many disadvantages. Residents of high-rise buildings have a lot of troubles: lovingly renovated square meters can be flooded with boiling water due to a pipe break, and an elevator that has fallen into disrepair will provide the elderly with additional physical activity for a long time. But these are emergency situations that the management company can handle, but the answer to the question of what to do if the upstairs neighbors are constantly making noise, interfering with the normal life of other people, is not so easy to find an answer.
Legislation
There is no federal law that regulates this issue, but this does not mean that the actions of noisy neighbors do not fall under other regulations.
The Civil Code of the Russian Federation contains Article 293, the norms of which 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.
Decree of the Government of the Russian Federation dated January 21, 2006 No. 25 “On approval of the Rules for the use of residential premises” is also directly related to the issue of compliance with normal noise conditions. Paragraph 6 of this normative act provides that citizens must use their residential premises, respecting the rights and legitimate interests of other persons living in the residential premises, as well as neighbors.
At the level of the constituent entities of the Federation and local governments, their own documents are adopted prohibiting actions that disturb public peace.
The time of day when loud noise is prohibited, as a rule, complies with SanPiN standards and is set from 23.00 to 07.00. This period may be extended until 10.00 on weekends and holidays.
In addition, the noise level in residential premises must comply with sanitary and epidemiological requirements, therefore the administrative legislation of the Russian Federation provides for liability for offenses (Articles 6.3, 6.4 of the Code of Administrative Offenses of the Russian Federation, Article 23 of the Law of March 30, 1999 N 52-FZ).
Noise Level Standards
The first step is to figure out what exactly is considered noise. All people are different, and reactions to the same sounds can differ radically.
SanPiN 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises” sets restrictions on the level of penetrating noise in apartments.
They are:
- 55 dBA from 7.00 to 23.00,
- 45 dBA from 23.00 to 7.00.
Those who violate these indicators can be held accountable under Art. 6.3 of the Code of Administrative Offences.
There are special instruments to measure the loudness of sounds, but no equipment is required to distinguish a normal noise level from one that irritates the ear and disrupts normal functioning.
Response Methods
Expecting absolute silence around you when living in an apartment building is, to say the least, naive. Much depends on the type and age of the house: in a brick “Stalin” building, audibility is much less than in a panel “Khrushchev” building. However, the ways to deal with noisy neighbors using legal methods are the same regardless of the region and the level of comfort of the building.
During the day
During the daytime, not all apartments are empty. Pensioners, mothers with small children, and schoolchildren spend a lot of time at home. Many work remotely or as freelancers, while some residents work in shifts and need silence to relax after a day spent on duty. This means that during the day in residential premises a comfortable noise level must be maintained - no higher than 55 decibels.
Noise during the daytime is subject to “sanitary legislation”. To prove that the residents above are making excessively loud noises, it is necessary to take special measurements and draw conclusions based on them. It is unlikely that anyone will call a special service and pay for its services. The first thing to do if your upstairs neighbors are constantly stomping, screaming and slamming doors is to try to calmly explain to them that by their actions they are preventing those around them from resting or working. At the same time, it is important to refrain from overly emotional statements; it is enough to make it clear that the other residents of the house do not intend to tolerate this state of affairs.
After 11 pm
If daytime norms are still in effect in the evening, then after 11 pm the night norms come into force: the volume of sounds should be reduced to 45 decibels. As a rule, at this time most residents are already sleeping or getting ready for bed. However, it is very difficult to rest peacefully if the neighbors make noise after 11 pm, which is strictly prohibited.
Such behavior can be regarded as an encroachment on the peace and quiet of citizens at night. This is already a real reason to call the police. Of course, first you should contact your neighbors directly; perhaps they have simply lost track of time and will respond adequately to the remark. Otherwise, more serious measures will have to be taken.
Constantly
From time to time, something happens in any apartment that disturbs the peace of the people living next door. Replacing pipes and radiators, installing new windows, and other repair work are accompanied by loud and unpleasant sounds. As a rule, this does not take much time, a few hours at most. It is much worse if there is a constant rumble, the buzz of a drill and the sound of a hammer coming from above. Most likely, the neighbors have started a full-scale transformation of the apartment, which can last a whole year. The only thing that can be achieved in this case is strict compliance with local legislation. Most often, it prohibits noisy work on weekends and holidays and, naturally, at night.
Any repair will end sooner or later, but it’s unclear what to do with noisy neighbors who sort things out in a raised voice or shout at a child around the clock. Loud music lovers who are ready to enjoy fashion hits without stopping are also common among residents of high-rise buildings. Dogs that do not tolerate loneliness can also disturb the peace of neighbors: in the absence of their owners, they howl loudly or whine.
Drunk
The least fortunate are those who live next door to those who like to spend time in the company of strong drinks. As a rule, libations are accompanied by loud conversations, songs, and later by mutual insults and fights. Few people can tolerate such a neighborhood, so the patrol service visits the addresses of “bad” apartments regularly.
Such lovers of a cheerful life are the most difficult to calm down: according to the law, they can be warned or a report on an administrative offense can be drawn up. There are no other legal ways to punish upstairs neighbors for making noise while intoxicated.
Negotiation
The very first step, dictated by common sense and the norms of human communication, is to address directly those who are breaking the silence. This approach does not always give positive results, but if the residents have recently moved into the house, they may simply not know that it has very poor sound insulation. Neighborhood negotiations will also help if it is possible to agree on maintaining silence at certain hours, for example, when a child is sleeping.
If you cannot find the residents of the house, you can contact them in writing. The text of the appeal must be correct and friendly, without threats or rudeness. It is enough to write: “Dear neighbors, we kindly request you to remain quiet at night, your stomping and loud conversations interfere with sleep.”
You should not fall for advice to use various electronic devices based on infra- and ultrasound like “Mizgoprav” to teach a lesson to restless lovers of loud music or drunken scandals. No matter how tired of noisy neighbors upstairs, methods of fighting according to the law should be a priority.
How to deal with noisy neighbors
The upstairs neighbors simply won’t let you live in peace! Closer to 11 p.m., they start turning on the washing machine, the baby running around, the dog barking. The neighbor is 35 years old, she changes her HUSBAND for the third time in a year! She walks around on her own so that the light bulbs in the chandelier burn out! The stomping is just terrible! The sofa their old one starts to unfold at twelve o'clock, then they have some kind of work going on and everything happens after 11 o'clock. She goes to bed no earlier than two and at eight o'clock she's already on Energizer batteries! which never run out! I have a 4-year-old child, I can't put her to bed early to the garden, it’s simply unbearable already! I applied to both the guardianship and the district police officer, the result was 0. And I’m the only servant because she lives above me and neighbors need witnesses, but they don’t hear her who are above her. Firstly, they have soundproofing and secondly all the knocking goes down to me! What should I do? I’m on the verge of a nervous breakdown! I haven’t slept all night! I want to kill her! The child stops!
- Change the time interval specified in the law for “noisy” work from 7 - 23 to 9 - 19 and add a day break for rest.
- Set daytime hours from 8 a.m. to 10 p.m. with a rest break.
- Support the time frames specified in the law.
- The daily work ban also offers three options: from 12.00 to 14.00, from 13.00 to 15.00, from 12.00 to 15.00.
If it was not possible to reach an agreement
If the negotiations have not led to anything, and it is not possible to deal with the troublemakers on your own, since they simply ignore all requests, it is time to inform those who are legally obliged to ensure that the rights of citizens are respected, including a good night’s rest.
Which authorities should I contact?
If you complain about noise upstairs, loud music, shouts and other sounds that keep the entire entrance from sleeping, you should first of all go to the police. The squad is obliged to come and take explanations from the violators, and then transfer the material to the administrative commission: it is the commission that is entrusted with the authority to impose punishment for such offenses.
Where to call
You can call the police officers who will calm down the rowdies by calling 102 or 112, if you do this from a mobile phone. Such calls are received by the city duty station, from which data about the incident is transmitted to the district unit. You can shorten this chain and immediately dial the number of the district department on duty. The outfit should arrive no later than 10 minutes.
Sample application to a district police officer
Calling the police is an emergency measure, but there is no point in resorting to it regularly. To constantly monitor compliance with the law, there is a service of local commissioners. Their functions include analyzing various situations in which the rights of citizens are violated.
You should notify the district police officer about the appearance of noisy neighbors in the house who do not respond to requests from other residents by writing a personal or collective statement. The police officer is obliged to conduct a conversation with problem residents, explain what laws they violate, and warn about liability.
You can write the application in your own words or use the example provided.
If the collective complaint and the subsequent actions of the local police officer did not help to find justice for the restless neighbors, all that remains is to seek protection in the courts.
Application to court
To accept a claim for consideration, a lot of conditions must be met, from the correct determination of the jurisdiction of the case to the presentation and substantiation of claims. In most cases, you cannot do without the help of a professional; he is the one who will help you write a statement correctly from a legal point of view and send it to the necessary judicial department.
The claim must include the following information:
- name of the court,
- details of the plaintiff, address of his place of residence,
- Full name and residential address of the defendant,
- circumstances that forced the plaintiff to file a claim in court,
- evidence of the described circumstances,
- claim price,
- data on attempts to resolve the dispute before filing an application to court,
- plaintiff's claim
- list of attached documents,
- date and personal signature of the plaintiff.
Residents who are tired of noisy neighbors can present their position in court hearings on their own, but the support of an experienced lawyer will help them quickly find a way out of this situation.
How to prove
When considering a claim, the court proceeds from the evidence presented by the parties. In order to call to account residents from above who do not want to comply with noise standards, you will have to thoroughly prepare. Cases of excessively loud behavior by neighbors must be recorded on video or audio media, with the support of witnesses who are ready to confirm when and under what conditions the recordings were made.
Surely several apartments at the entrance suffer from restless music lovers and scandals. Collecting signatures will help convince the court of the scale of the problem and push it to make an appropriate decision.
Based on the results of consideration of the claim and the case materials, the judge most often makes a ruling on the imposition of a fine and the need to pay the injured party the costs of treatment and moral damage. Eviction from an apartment as a punishment for constant noise is also practiced, but extremely rarely. In Russia, isolated cases have been recorded where negligent tenants were forced by a court decision to move out of their residential premises to another place.
How to write a statement to the local police officer against your neighbors
- District police officer By writing a statement according to the sample below, you can attract the attention of the district police officer, who is obliged to take appropriate measures to establish order in the territory under his control. It is important to complete the application correctly.
- Police. A very effective means, because not every violator has a great desire to contact the police, who are very serious. Calling the police is very helpful in the case of night parties within one separate apartment, and regular visits of employees and the need to pay a series of fines can discourage even the most inveterate offenders from making noise.
- Court. An effective measure, one serious mention of which can have an impact. It is enough to collect several complaints from other neighbors (or write a collective one) and attach to it evidence of noise pollution at home to increase your chances of winning the case. The payment of an impressive administrative fine will force the silence breaker to reconsider his views on a loud lifestyle.
- carrying out repair or construction work during prohibited times;
- listening to music at a volume significantly higher than permitted by law;
- excessively loud screams, sounds, singing, vibrations and other sound disturbances;
- launching fireworks and using loud pyrotechnics.
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When allowed
Respectable people, for example, who are doing renovations in an apartment, often have to break the silence in a high-rise building. On the one hand, neighbors should be happy for the people who are renovating their interiors, on the other hand, they should prepare for a long rumbling, knocking, and buzzing of power tools.
Those who are undertaking repair work can be advised to notify the other residents of the entrance about this by posting a notice asking them to tolerate excessive noise during the daytime. Weekends will have to be freed from loud construction procedures; on these days, only silent work can be performed, for example, painting walls or wallpapering them.
If authorized persons fail to act
It happens that all legal methods of dealing with noisy neighbors have been tried, but there are no results. The police no longer arrive at a well-known address, the local police officer ignores collective complaints, and the court decided to impose a fine that cannot be collected if the restless tenant does not have an official source of income.
Tired of the struggle for silence, apartment owners can only complain to the prosecutor's office. Its functions include monitoring compliance by law enforcement agencies with their assigned duties.
Sample application to the prosecutor's office
No later than 30 days later, the prosecutor's office is obliged to provide a response on the measures taken. As practice shows, after such an appeal from citizens, issues begin to be resolved quickly and effectively.
The neighbors make noise regularly! What to do
If your neighbors are quiet and calm people who have not shown themselves in this way before, then you should think about what if they are celebrating a birthday or some other big holiday there. Situations are different, and it’s not worth spoiling relations with good neighbors. You yourself can decide to celebrate your birthday at home. If the noise from your neighbors is too loud, you can simply call them or come in and ask yourself to be quieter. Usually in such situations this approach helps.
It also happens that verbal friendly communication does not help, and the neighbors still make noise. What to do in this case? You should prepare more seriously for the next conversation. First, you should talk to other neighbors and collect signatures confirming the fact that noisy residents of the entrance are not allowing you to live in peace. You can also make an audio or video recording confirming the excessive noise of the apartment’s inhabitants. Then come to the last conversation with them to resolve the problem peacefully, present a copy of the paper with the signatures of the residents of the entrance, as well as the notes made earlier and say that you will sue them in court and write a statement to law enforcement agencies.
Eviction
Cases when the court decides that noisy tenants seriously disturb the peace of the other apartment owners in the entrance with their actions and therefore must be evicted are rare, but they do occur. Bailiffs must carry out the determination. Under their control, rowdy evictions take place in compliance with all norms of current legislation.
The whole world should get rid of those who do not comply with normal living conditions in a high-rise building. The coordinated actions of all residents will achieve the goal much faster than fighting alone.
I want to stick this in my entrance! Fine
I doubt that such an announcement will fly. From my own experience, I know that there are people who do not understand well, and to whom you need to first hit them, and then explain something. That is, you first need to “knock off” everyone who litters, and then just hang up the notice.
We took a different route at our entrance. Pots of flowers were placed on all the window sills, paintings were hung on the walls, and a door with an intercom was installed. At first it didn’t help, they broke off the flowers, stuffed cigarette butts into pots, and in exchange for them empty bottles, cigarette packs and candy wrappers. But gradually we got used to it, now the entrance is in order.
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