My house is my rules. Most of us think so. In fact, there are things that are forbidden to do on your living space. Restrictions also apply in courtyards. Together with our expert, lawyer Victoria Tsarikhina-Fesenko, we figure out what to do if neighbors break the law.
April 17 2017
Shops and offices are often opened in apartment buildings. By law, this is allowed, however, for this it is necessary to transfer residential real estate into commercial real estate. That is, theoretically, where the apartment was previously located, a shop, office, hairdresser or even a pharmacy may well appear. But there are also limitations. The transfer of an apartment to a non-residential premises is allowed only in cases where square meters are located on the first floor or above the first floor, but the premises located under this apartment are not residential. In other words, if a store or office is opened over your head, call the police. The owner will be forced to close the outlet. And it also happens. In an ordinary apartment they open a mini-bakery and begin to fry pies for sale. It is clear that at the entrance there is a fumes and the smell of rancid oil. Of course, you cannot use an apartment as a production workshop, just as you cannot set up an atelier or a woodworking workshop at home. If neighbors break the law, the sanitary and epidemiological station will help put them in place. Call specialists. They will inspect the problem apartment. If it is established that production has been opened in a residential building, an official conclusion will be drawn up, with which you can go to court. Violators will be fined and ordered to close the enterprise.
It happens that enterprising owners turn an apartment into a hostel, settling in newcomers. Of course, no one is in a hurry to register guests, and temporary tenants change often. Dorm apartments are an unpleasant neighborhood. Usually because of this, it becomes very noisy at the entrance, strangers constantly flicker. If you are faced with such a situation, call the district police officer to arrange a check. As a rule, such raids end with the eviction of illegal immigrants. The punishment for organizing a brothel is severe – a large fine or forced labor. If unpleasant neighbors, even after paying a fine, do not stop disturbing the order, you can contact the local administration with a request to evict them. It is advisable to team up with other neighbors and make a collective complaint. I must say that eviction is an extreme measure, it is applied only to malicious violators. The administration applies to the court with a request to deprive the violator of the living space. True, at first he is given a warning. Even the owner can be deprived of an apartment by selling his property. The money for the housing is given to the former owner, minus the costs of enforcing the judgment.
Many people think that repairs cannot be done only at night, but during the day you can hammer concrete without stopping. In fact, this is not the case. Since January 2016, amendments to the Code of Administrative Offenses have been in effect.No noise and repairs are prohibited in houses from 19:00 to 9:00 and from 13:00 to 15:00. Sundays and holidays are subject to this prohibition entirely. People have the right to proper rest. If the crash stops at the specified time, call the police. The outfit will come, take your application and visit the apartment – the source of the noise. By the way, the police officers will also interview other neighbors, they must confirm your words. It is worth noting that, according to the law, residents of a problem apartment may not allow police officers to enter the house (according to the Constitution, the home of any citizen is inviolable). If it was not possible to enter a noisy apartment, law enforcement officers must draw up a report about this and attach it to the case. This document can then be used, but after contacting Rospotrebnadzor. It is necessary to call the specialists of this organization to measure the noise level. Its allowable value from 7 am to 23 pm is 40 dB. At night, this figure drops to 30 dB. With this level of noise, water boils in a saucepan on the stove.
Having received the expert’s opinion, you must submit an application to your district police officer. Then the materials will be handed over to the council. An administrative commission meets there and decides on the punishment. The softest is a warning, the most severe is a fine of 2 thousand rubles.
Cluttered staircases are common. Some tenants even block off part of the common corridor and arrange a warehouse on the captured meters. For the construction of barriers, the ruble is not punished. But you can force to remove the squatter. To do this, you need to contact the management company. As for the rubbish on the stairs, this is a violation of fire safety rules, it is punishable by a fine of 500 rubles. Moreover, the fire inspection can fine both the tenant and the housing office.
There are rules that apply to behavior in the yard. For example, it is strictly forbidden to wash the car near the house. For this, you can get a fine from 3 to 5 thousand rubles. When you notice a violation, call a DPS outfit. By the way, now in Moscow it is forbidden to warm up a car engine in the yard for more than 5 minutes. The fine is 3 thousand rubles. You can’t knock out the carpet on the playground. Cleaning will cost 500 rubles. It is also forbidden to make noise under the windows around the clock. The silence mode operates from 21:00 to 8:00. This means that those who listen to music loudly, play football or dominoes, will pay a fine from 1 to 3 thousand rubles. A set of rules also exists for dog owners. For appearing with a pet without a leash and muzzle on the playground, you can pay from 1 to 2 thousand rubles. If a dog attacks a person and causes him harm, the owner will be fined up to 5 thousand rubles.