What to do if the neighbors are noisy at night and during the day, where to go

Even in a high-quality apartment building (MKD) with good sound insulation, there are people who do not comply with the rules of cohabitation. What to do if the neighbors are noisy, make repairs at the wrong time, interfere with sleep at night and do not allow you to rest during the day? How and where to complain about neighbors for noise, whether it is possible to resolve the matter peacefully, what actions to take – all this in our article.

What is considered noise

The concept of “noise” is not precisely defined. Noise will be considered any sounds that exceed the maximum allowable limits.

There are two types of noise.

1. Permanent or systematic. It goes on for a long time. The maximum value should not exceed 40 decibels (dB) during the day and 30 dB at night.
2. Single or Max. Should not exceed 55 dB during the day and 45 dB at night.

If the neighbors have a loud TV, there is a party or dogs are barking, but the sounds that are recorded in your apartment do not exceed the norm, then you will not be able to make a claim.

It does not matter what kind of noise exceeds the norm. Whether the neighbors are jumping from above, whether repairs are underway in the apartment below, or the windows in another entrance are opened with noise – any sounds that cause inconvenience can be considered a violation.

Note. If the neighbors are constantly screaming, then such noise does not belong to the systematic one – contacting the police will help.

The Law on Noise

People who are not familiar with the law may have questions about what measures can be taken against those who make noise. There is no single law on noise, but the state regulates issues with several regulations. Among them:

• Federal Law No. 52-FZ “On the sanitary and epidemiological well-being of the population” dated 30.03.1999.
• Decree No. 64 of the Chief State Sanitary Doctor dated 10.06.2010. SanPiN 2.1.2.2645-10.
• SP 51.13330.2011.
• Regional regulations.
• municipal acts.

At the federal level, the boundaries of night and daytime, the concept of holidays and weekends are fixed, loudness standards are established, and administrative responsibility for an offense is established.

The authority to regulate noise is vested in the regional authorities. Each subject has its own so-called “noise law”, which can change time limits, add holidays and days off, set fines and allowable loudness standards.

Local authorities also have such powers – even in a single city, town or village, the administration has the right to issue its own decrees.

The rules for living in an apartment building that regulate noise can be established by the owners themselves at a general meeting. Residents have the right to decide on their own what hours it is allowed to make repairs and make loud noises. The main thing is that these rules should not worsen the situation of MKD residents in comparison with federal and regional laws.

If the neighbors from above have a creaking floor, they constantly stomp loudly or drop things, then try to negotiate with them.

What time can you make noise?

According to federal law, time is divided into daytime – from 7.00 to 23.00 and night – from 23.00 to 7.00. If neighbors make noise after 23:XNUMX, this is a violation in any region.

Each subject of the Russian Federation has the right to set its own time frame, but only towards increasing night time.

In many regions, daytime starts at 8 am and evening at 22.00.

On weekends and holidays, time is limited even more – until 10 or even 11 am. At the same time, in some cities only Sunday is considered a day off, and in others – Saturday too.

There are two exceptions to be considered:

1. It is allowed to carry out high-profile repair repairs in case of objective necessity. For example, if an accident occurs, scheduled technical work is carried out, etc.
2. For new buildings, there are certain rules for the repair. If a neighbor is constantly drilling or you can hear the repair work of neighbors from below, and 1,5 years have not passed since the commissioning of the house, it is almost impossible to make a claim for exceeding the noise level in the daytime. Unless other rules are set by the owners themselves. During these one and a half years, only noisy work at night will be considered a violation.

Important. If the neighbors from below are heard better than others, then the point is poor insulation of the floors. A simple carpeting can help, or repairs to the soundproofing of the floor should be made. On the contrary, if the neighbors are heard from above, but not from below, then it is necessary to soundproof the ceiling.

If the offenders are insane – a drunken company of young people or alcoholics who make scandals every day, and you can’t influence them “in a good way”, then it’s better to contact the police.

Where to complain

There are several options for reporting silence violators:

• Police. This is the first place we call if the neighbors are noisy. If you do not know the number of the nearest police station, then call the number 02 for landlines, 102 – mobile or dial emergency phone 112. In the afternoon, you can contact the local precinct.
• CPS. You should apply there in cases of systematic noise, since this organization considers only violations of sanitary and epidemiological requirements. Most often, measurements of noise from the operation of the heating system, air conditioners, and other equipment used are carried out.

If the neighbors make noise at night, then the police should respond to such violations. A fight, repairs on the weekend – in all cases, the police squad should understand. Also, if the equipment is too loud at night, only the police have the right to record this fact and take action.

To call the police squad to stop the noise from the neighbors, it is enough to call.

You can submit a written application to the police: by calling the district police officer, at the department, or write it yourself and send it by mail, but it takes much longer.

If the noise occurs systematically, it is necessary to contact Rospotrebnadzor with a statement. After its consideration, a decision will be made – whether the case belongs to their jurisdiction and when to appoint an examination. You can conduct an examination yourself, but in this case you will have to pay for it out of your own pocket.

They also turn to Rospotrebnadzor if they make noise from below from a non-residential premises – a restaurant, a store or a service center.

Administrative Responsibility

Noise fines vary depending on where you live. On average, it ranges from 1 to 000 rubles for individuals. If the culprit violates the silence regime not for the first time, then you will have to pay 3 rubles, and ten times more to officials.

What to do if the police do not respond

Any statement from citizens the police is obliged to fix and work out. If the application is not accepted or no action is taken, you can file a complaint with the head of the police department or the prosecutor’s office.

The complaint is submitted in writing personally to the organization. You can apply in your personal account on the State Services website, as well as in the online receptions of the police and the prosecutor’s office.

Within a month, employees are required to respond in writing to the complaint and indicate what actions were taken to calm the neighbors or what measures were taken against the employee who did not fulfill his duties.

Is it worth going to court?

To force the neighbors from above not to make noise, you can also go to court. But only after the protocols are drawn up by the police. The court makes a decision only on the basis of relevant documents, rulings and fines. Moreover, police protocols cannot be obtained independently – only through a court request.

In addition to issuing a court decision on noise, the judge has the right to award compensation for non-pecuniary damage. You must declare this yourself in the claim, as well as provide evidence of how hard it is for you to endure the effects of noise. Sometimes, in order to annoy neighbors above or below, citizens put forward too high demands for compensation, but the judge satisfies the material requirements only if the harm has actually been caused.

If the noise continues constantly, and fines do not apply to violators, you can rein in the neighbors by threatening to evict the apartment. There are such precedents in Russian judicial practice.

Is it worth it to fight with your own methods

To get rid of noisy neighbors, it is necessary to apply methods of struggle according to the law. But still, it’s worth trying to start talking, explaining the situation. Perhaps it will be possible to calm the noisy tenants after a simple conversation.

It is possible that the “violators” do not even know that they are interfering with you. Turning on the washing machine at night, they may not think that vibration and impact noise will be heard in the apartment below.

If the requests do not help, it is necessary to explain the consequences of non-compliance with the rules. Including point out violations of the law and the possibility of receiving a fine. Sometimes, in order to calm the neighbors, it is enough to scare them with monetary penalties.

If you want to take revenge or annoy the neighbors above or below, you should understand that you yourself may be the offender. You should fight violators only by legal means, and if you conduct a dialogue correctly.

The issue of noisy neighbors should be dealt with only by authorized bodies.

In most cases, it is quite possible to negotiate peacefully with neighbors. Perhaps the best option would be to soundproof your apartment.