Repair. Noisy neighbors and how to deal with them

How long can repairs be done?

Therefore, before arguing with your neighbors, you need to clarify whether your region has prohibitive regulations and until what hour you can’t make noise. General requirements are established for night time. It is prohibited to make noise throughout the country at night. Moreover, the concept of “night time” is also established by regional legislation.

One of the most annoying noises is the sound of repairs. Of course, we are not talking about changing the wallpaper or painting the walls. Neighbors are particularly irritated by the use of drills, hammer drills, hammers and parquet sanding machines.

Moreover, periodic use of such tools is unlikely to tire anyone. But in the case of long-term major repairs, the noise can last for weeks.

Let's consider from when and until what time neighbors have the right to make repairs.

Neighbors do renovations over the weekend

• on weekdays, premises can be repaired at specific times - from 8:00 am to 9:00 pm (this time can be changed by the laws of the constituent entities, for example, in the Stavropol region the border time is 8 am and 8 pm);
• on weekdays a break of several hours is required; in almost all regions it lasts from 13:00 lunch to 15:00 noon;
• As for weekends and holidays, federal legislation establishes the time during which they have the right to carry out repairs - from 10 am to 10 pm.

If the norms provided for in it have been violated (neighbors use inappropriate tools, carry out work at a late hour, etc.), then specific actions must be taken - asking to take into account the interests of other neighbors or sending a complaint to the police.

What to do if neighbors drill every day

The timing of repair work is of primary importance. If a neighbor uses a drill or hammer drill on weekdays at the allotted time, that is his right. Moreover, he is not obliged to respond positively to your requests.

For example, the Novosibirsk region does not establish a daily period of silence. Therefore, citizens have the right to make noise even if your small child is sleeping.

The question here is about educating a neighbor. A friendly person will not want to spoil neighborly relations and will adjust the period of noise. But such conscientious citizens are rare.

If you act within the framework of the law, then you need to pay attention to the fact that not only the time of noise matters, but also its level. However, only the result of an appropriate examination can prove an excess.

It is carried out at the expense of the applicant and is paid on an hourly basis. Since you cannot predict when the noise will occur, you will have to pay for the waiting period for an expert in your apartment.

Moreover, it is impossible to predict in advance the excess noise level. Therefore, the success of the enterprise is not guaranteed.

doing repairs at night

This situation has a chance of success. Noise at night is prohibited throughout the Russian Federation.

Therefore, in case of constant night noise caused by repairs, it is necessary to call the police. Police officers will draw up a report on the administrative violation.

However, this does not guarantee that repair activities will stop at night. Responsibility arises based on the results of the review of the protocol by the administrative commission. This usually happens within 30 days from the date of registration of the protocol.

To pacify noisy neighbors, it is advisable to call the police whenever noise occurs. The liability under the first protocol will be 500 rubles. Each next – 1500 rub. Financial responsibility often strongly motivates citizens.

Important! Neighbors are not required to open the door to police officers. And police officers do not have the right to independently enter residential premises. Therefore, it is advisable to be interested in the results of the visit. Perhaps the measures do not produce results.

repairs on weekends

In most cases, the law of the constituent entities of the Russian Federation on silence prohibits repair work on weekends. However, this issue needs to be clarified depending on the region.

Example . Valentin went to court to recover moral damages from his neighbor. The man explained that the apartment above him had been undergoing renovations for a long time. Since the neighbors work and do repairs on their own, the work is carried out mainly in the evenings and weekends. In accordance with Sanpin 2.1.2.2645-10, the noise level from engineering and technical devices is established. The man presented a research report, which recorded exceeding the permissible limit. He also explained that the neighbor was repeatedly brought to administrative responsibility for noise in the evening. The defendant's lawyer explained that the results of the examination cannot be included in the case, since the company does not have the appropriate license. However, the court found the offender guilty and ordered him to pay moral damages in the amount of 5,000 rubles. and the amount of state duty. But the costs of the examination were not reimbursed.

on Saturday

Not all regions protect the right of citizens to rest on Saturdays. However, most subjects of the Russian Federation classify Saturday as a weekend.

Therefore, stricter rules of silence apply on the Sabbath. For example, in St. Petersburg, making noise on Saturday is prohibited from 19.00 to 12.00 the next day. Therefore, carrying out repair work at this time is unacceptable.

And the Lipetsk region does not consider Saturday a day worthy of special silence. Therefore, noise is allowed from 6.00 to 23.00.

on Sunday

Most regions prohibit noise on Sunday. However, exceptions must be taken into account.

It is allowed to make noise and carry out repairs on holidays and weekends in a new building. The period depends on the commissioning of the facility. In some regions the period is 3 years. And in the Moscow region - only 6 months.

Example . Evgeniy went to court to oblige the neighbors to make soundproofing. During the renovation, neighbors removed the soundproofing coating and laid laminate directly on the concrete floor. The litigation lasted more than 2 years. The result of the examination confirmed the absence of insulation. The noise level significantly exceeded the established standards. However, the court refused to satisfy the demands. The court considered that the Sanpins are not mandatory, but advisory standards.

Is it legal to drill on weekends in 2020?

If you decide to drill a wall on weekends after 11 p.m., keep in mind that your neighbors may contact the relevant government authorities with a complaint against you.
Penalties for individuals have a graduated system, that is, the monetary fine for each subsequent violation of the law on silence will be higher: Such fines are provided not only for individual citizens, but also for officials and legal entities. An official can be paid from 5 thousand rubles (for the first violation of the silence regime) to 50 thousand rubles (for the third and subsequent times). But legal entities (companies, firms, enterprises) in case of non-compliance with the framework of this Federal Law can immediately prepare a monetary amount of 20 thousand rubles (the minimum fine for the first time of violation) up to 150 thousand rubles (the maximum monetary fine).

How to deal with noisy neighbors

Algorithm of actions to deal with neighbors carrying out repairs

If your noisy neighbors are tenants, then you need to complain to the apartment owner. If he refuses to settle voluntarily, you can file a report with the tax office.

If the tenants are foreign citizens, you can additionally notify the migration service.

Do neighbors have the right to do repairs on weekends?

• on weekdays, premises can be repaired at specific times - from 8:00 am to 9:00 pm (this time can be changed by the laws of the constituent entities, for example, in the Stavropol region the border time is 8 am and 8 pm);
• on weekdays a break of several hours is required; in almost all regions it lasts from 13:00 lunch to 15:00 noon;
• As for weekends and holidays, federal legislation establishes the time during which they have the right to carry out repairs - from 10 am to 10 pm.

Yes, such a limitation exists. In the event that the repair is carried out with redevelopment, which implies the dismantling of some walls, or new communications are laid: water supply, sewer pipes, replacement of batteries, electrical wires, there are more stringent time restrictions. Such work, due to noise, disturbs peace and quiet, thereby disturbing neighbors. They can be produced from 9 am to 7 pm. If the work is not related to the noise of a hammer drill and chipper, such as wallpapering, laminate flooring or painting, the work schedule can be changed: from 7 a.m. to 11 p.m. Making repairs at night is strictly prohibited.

Keeping quiet at night

Many residents practice carrying out repair work at night, as they work during the day at their main places of employment.

At the same time, the neighbors’ persuasion in the spirit of “My little child does not sleep” and “We cannot rest” does not have the proper effect on a noisy neighbor.

In this case, you should be guided by the legal establishment of hours of silence, designated by SanPiN for the entire country and for some regions separately.

In Moscow and large cities of Russia, the period of silence lasts from 11 pm to 7 am; in the regions and suburbs this range can be shifted, starting from 10 pm and ending only at 8 am.

If during the specified period of time a neighbor with a drill gives no rest, the first thing to do is call the police. Upon the fact of a violation, a protocol will be drawn up with the involvement of witnesses; no measurements will be made. The culprit undertakes to pay a fine for disturbing public peace at night.

Repair work can only be carried out at night with the permission of the prefect in special, limited cases, but at the same time do not drive piles, turn off the motors of construction electrical appliances and do not use megaphones.

Topic: Neighbors are constantly drilling! How to deal with it

Moreover, in the previous version of the standard (Decree of the Moscow Government of February 8, 2005 No. 73-PP) it was clearly established: “2.7. The regime for reconstruction and (or) redevelopment of residential and non-residential premises in residential buildings is established taking into account the following requirements. In residential buildings during the period of repair and construction work, it is not allowed to: - carry out work on Sundays and public holidays; - start work involving noise earlier than 9.00 and (or) finish it later than 19.00; "

I'm afraid that's all. The new edition of the Moscow city standard for the operation of the housing stock (ZhM-2005/01) introduced definitions of “reconstruction” and “redevelopment” of residential premises, which require approval from the Moscow Housing Inspectorate. Everything else does not fall under these requirements.

Concept of noise and silence

Conditions for comfortable living and physiological standards are somewhat different. A person is able to withstand noise of 55 dB without harm to the hearing organs, and at night - 40 dB. Constant exposure to noise in this range does not cause any harm to the hearing organs, but from a psychological point of view it is an active and annoying irritant.

For comparison, a motorcycle engine noise is within ninety decibels, and a car signal is one hundred and twenty. At the same time, even the norms established by SanPiN are constantly violated.

Regulation of norms in this area is carried out by articles of the Code of Administrative Law. If it is necessary to measure the noise level, only representatives of Rospotrebnadzor should do this.

On-site employees record the noise level and draw up a violation report. On the other hand, the AP Code does not provide sufficient grounds for protecting residents from noise.

The only article that can be used to protect your rights is Article 6.3 of the Code of Administrative Law on violation of the sanitary and epidemiological well-being of citizens.

According to the provisions of this article, the violator will incur administrative liability in the form of a fine, the maximum amount of which is up to 20,000 rubles, and then only for entrepreneurs. But an annoying neighbor who drills into the wall every day will lose no more than five thousand rubles.

Ways to fight

If the law on silence is constantly violated by a neighbor and he drills into the wall regardless of the time of day, you can safely contact the police and write a statement to summon the violator to the administrative commission. It is possible to contact the prosecutor's office or court.

What to do to catch your neighbors violating during the daytime:

• Constantly disturbing noise is recorded by special representatives of the Rospotrebnadzor laboratory;
• Based on the measurement results, a protocol is drawn up;
• The protocol and testimony from neighbors are attached to the police application.

But it should be remembered that the measurement will not be carried out if the noise is intermittent or random, caused by the natural activity of people, slamming a door, carrying out emergency repair work, watching TV or listening to music.

What to do to catch your neighbors trespassing at night:

• Call the police;
• Draw up a protocol, if possible, involve neighbors and collect their signatures.

Based on the protocol, the neighbor will be required to pay a fine for an administrative violation.

If your neighbors have “perpetual repairs” and they have been disturbing the peace for months, paying fines and still continue to systematically violate the requirements of Administrative Law, it is possible to make a collective appeal to the management company or the HOA at the house for eviction.

To do this, you will need to gather the council of the house and put the issue forward for consideration. It is advisable to make a list of all residents present at the meeting, if the offender is not among them - another argument.

But if the violator was not notified of the meeting, there is no reason to consider him full-fledged. It is enough to post a notice on the entrance door.

When drawing up a statement to the police, it is not necessary to use documentary standards; the statement is drawn up in free form. The text of the application indicates the type of violation, the name of the neighbor and his address of residence, the name of the neighbors signing this application with you.

It would be effective to indicate the frequency of the violation and the date the police were called. But what you shouldn’t do is reciprocate with your neighbors, make noise, play loud music, and even more so make threats, otherwise you may get a counter statement.

FAQ

Some situations require additional clarification, since each case of violation is unique and it can be difficult to immediately determine whose fault it is.

• I have a child, the noise interferes with sleep, where should I go?

Unfortunately, the legislation does not take into account the daily norms of sleep and remaining calm if there is a child in the house. But you can put your child to bed from one to three in the afternoon - the official lunch break time, during which the neighbor has no right to make noise with a drill.

• Vibration from devices in my neighbor’s apartment is destroying the finish, and my plaster is crumbling.

According to current legislation, the use of construction electrical appliances that exceed vibration and noise standards is prohibited during household repairs. To resolve the issue, you need to call an expert and draw up a report on damage to property, and go to court with the report.

• My neighbors drill all day long without breaks or weekends.

A statement about a systematic violation is drawn up and submitted to the district police officer. It’s good if the police were called repeatedly earlier and violations were recorded.

• They are building a store under my windows, they drill and disturb it every day.

Legal entities and private entrepreneurs are subject to the same laws on silence and compliance with sanitary and epidemiological standards as individuals. Administrative liability applies to such persons in the same way, but the fines are several times higher.

• The district police officer refuses to accept the application and take action.

In this case, it is advisable to ask the district police officer for a written explanation of his inaction and contact higher authorities at the place of residence. In some cases, inaction may be regarded by a higher authority as assistance.

Neighbors who constantly drill and interfere with comfortable living are a widespread phenomenon and have many nuances. Before contacting structures and authorities, try to come to an agreement. There is no need to threaten, and there is also no need to try to drown out the noise with music and electrical appliances.

If neighbors do not want to heed requests, you should contact the police, Rospotrebnadzor and expert services, depending on what day and what time of day the violation was committed.

If it is impossible to convict neighbors of a violation, they carry out the work at the appointed time and on a legal basis, there is only one recommendation - to protect the apartment with soundproofing materials.

No one has the right to prohibit you from doing this; the sound will not interfere with your comfortable rest. But whether the fines will have an effect on the neighbors and whether they will stop drilling after that remains an open question.

Hole in the wall - what to do?

If neighbors drilled right through the wall, there are grounds for a more serious punishment. In the best case, the neighbor will voluntarily pay the fine and compensate for the damage caused; in the worst case, the issue is resolved through the court with the collection of additional payments.

If you find that your neighbors have drilled through the wall, the first thing you need to do is call an independent expert. Specialists must conduct an examination of all the causes of damage to the wall and indicate the amount of property damage caused.

Having the expert opinions in hand, the offender is sent a registered letter with a copy of the expert opinion attached and an offer to voluntarily pay for your property losses.

If the violator does not agree to an open dialogue and is not going to voluntarily compensate for losses, they go to court with an application for compensation for the damage caused and the cost of repairs carried out or planned.

You also have the right to recover the cost of calling experts and all court fees from the defendant, including proportionate moral damages.

Is it possible to do repairs on weekends: make noise and drill?

1. Noisy work should not be performed on weekends or holidays.
2. On weekdays you can start knocking and rattling at 9 am and end at 7 pm.
3. It is allowed to use a rotary hammer with power adjustment to prevent noise levels from exceeding the norm.
4. Apartment renovation can last no more than 5 months; if longer, special permission must be taken.

• authorities visit people who have asked for help with a sound level meter at a time when work is prohibited;
• measure the noise level;
• enter data and results into protocols;
• visit the offender’s apartment;
• measure the noise level during slotting and drilling walls;
• The results obtained are recorded in acts.

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Keeping quiet during the daytime

The legislation on silence classifies as noisy work the installation of plywood, frames, stripping, dismantling of partitions, installation of communications in the walls and fastening of frames for suspended ceilings.

Despite this, a small child should sleep during the day. What to do in this situation?

It is much more difficult to disturb a noisy neighbor during the day and only by referring to articles 2.1.2.2645-10 of SanPiN.

According to the provisions of these articles, the noise standard at night is thirty decibels, and during the day - forty decibels. The boundary noise at night should not be higher than 45 decibels, during the day - 55 decibels. During the day, these values ​​can be exceeded by a maximum of 5 decibels, and in a house located near a highway - by 10 decibels.

From a legal point of view, you can stop a neighbor only if these values ​​are exceeded. But if you know what type of work is being carried out in the neighboring apartment, you can take advantage of several more provisions.

Redevelopment of the apartment and related repair work can be carried out on any day, with the exception of Sundays and holidays. On permitted days, work must begin no earlier than 9 a.m. and end no later than 7 p.m.

Obtaining permission for redevelopment is a serious process that requires a lot of additional paperwork from local governments, architecture, urban planning, management companies and homeowners associations. If you are sure that the redevelopment is being carried out without the necessary package of documents, you can safely contact the police.

In addition, the documents authorizing the redevelopment, even if obtained by the neighbor, set strict time limits within which the redevelopment must be completed.

What to do when neighbors are noisy

Of course, it is easier to influence violators if they make noise at night, especially after 11 pm; no questions arise here, but what to do and where to complain when the unacceptable noise continues during the day is already causing confusion. In this case, you can contact the sanitary-epidemiological station, whose employees must come and measure the sound level in decibels, with its documentary recording. If a violation occurs, you can safely file a lawsuit by collecting the following documents:

Nevertheless, as practice shows, it is imperative to talk with noisy neighbors, because many do not even think about the fact that their actions cause severe inconvenience to the residents below, above or behind the walls. Some people have no time to do renovations in their apartment except on weekends or late in the evening; if possible, it is worth making concessions and finding some kind of compromise. But when all requests and attempts to reach an agreement are deliberately ignored, tough measures cannot be avoided.