Are there exceptions
It should be noted that in some cases, loud noise is not considered an offense, regardless of the time of day. These include:
- work related to the elimination of accidents;
- operational and investigative measures;
- emergency incidents.
In addition, in all regions of the country there are exceptions that allow noise at night. This applies to national holidays, the performance of religious rites, agreed with the administration.
Important! For residents of new buildings, the law on silence does not apply: here you can do repair work around the clock, capturing weekends and holidays. Let us clarify that such a privilege is valid for 1.5 years from the moment the building is put into operation.
Ways to teach a lesson to noisy upstairs neighbors
First, try to influence them with a simple warning, explaining why they shouldn't do it. If your arguments are unconvincing, then you will have to take a more serious measure. In almost every entrance there are activist grandmothers who are ready to deal with any lawlessness.
If they still have not paid attention to the dirty tricks that your neighbors are doing, it's time to discuss this issue with them, and consult on what method to take. Surely, you will be able to assess their awareness in this matter and get help.
Neighbors got tired of what to do to teach them a lesson Constant festivities, alcohol and a sea of guests If it happens at night, then call the law enforcement agencies - they will be able to sort out the situation.
The neighbors will not hear the music itself, but the echo and bass will peck their ears until you turn off the music. A big plus of this method is that music will not interfere with you in any way, because even a very quiet sound for you, the pan will multiply and pass on to the upper neighbors.
Important
Two years ago, my upstairs neighbor and his loudly stomping children searched for the source of the noise for 3 days. He even came down to me, listened, called his wife, who confirmed to him that the noise continued, and left with nothing. ”And he built such a structure at home strictly according to the instructions, and turned on Hitler Gangnam Style 10 HOURS! I'm waiting for the results.
How do I deal with noisy neighbors?
Although here you need to thoroughly study the provisions and regulations of your area or region;
- Noise from working tools should not exceed 40 decibels;
- Repair should not last more than 3-4 months. Otherwise, you will need written permission from the local government;
- On a day, construction can last no more than six hours with an hour break between it;
- For the destruction of load-bearing structures or major repairs for neighbors from above or below, you need to obtain a special permit;
- Garbage from repairs should not block the passage or be in common areas. And it can only be carried in special packaging.
Only if you observe such rules can you be sure that your neighbors upstairs or on the landing will not dare to take revenge on you or punish you with the help of the police.
Dealing with noisy upstairs neighbors
A similar problem is regulated by the law from the section on the protection of life. It sets the acceptable noise level for specific days and hours. It is worth noting that each region itself sets certain restrictions on this norm. But there are general provisions that are equal for all cities. So, for example, you can not create noise more than 40 decibels between 7 am and 11 pm. And if we talk about night time, then this figure should be reduced to 30 decibels.Although in some regions this figure may be completely different and calculated based on geographical location and population.
- Do not carry out construction or repairs on weekends and holidays;
- The time limit for repairs is on average from 9 am to 11 pm. Although here you need to thoroughly study the provisions and regulations of your area or region;
- Noise from working tools should not exceed 40 decibels;
- Repair should not last more than 3-4 months. Otherwise, you will need written permission from the local government;
- On a day, construction can last no more than six hours with an hour break between it;
- For the destruction of load-bearing structures or major repairs for neighbors from above or below, you need to obtain a special permit;
- Garbage from repairs should not block the passage or be in common areas. And it can only be carried in special packaging.
What to do if you are accused of noise
If the claims made are justified, it is better to compromise with the neighbors, for example, to agree on the time for repairs or to warn residents in advance about upcoming family holidays, when the roaming guests can stay up late. In most cases, this behavior works, and even if you break the law on silence, there will be no complaints to the police.
Another situation is when the accusations made are unfounded, for example, a neighbor decided in this way to get even for an old grievance. In such cases, you need to collect evidence of your innocence. You can find a way out of a delicate situation in the following way:
- talk to a disgruntled neighbor: perhaps the person was simply mistaken, believing that the noise source is in your apartment;
- provide evidence of innocence: tickets to the theater and cinema can confirm that you were not at home at the designated time;
- Testimony: Enlist the support of other residents of the entrance, who can confirm that the accusations are false.
It should be clarified that a disgruntled neighbor can be sued for slander. The basis for this is Article 128.1UK RF.
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How to take revenge on the neighbors from above
If once again representatives of law and order refuse to leave, then they can file a complaint with the prosecutor's office. It is not difficult to prove the call, since all conversations are recorded. After that, the police will carry out checks even when no one called them.
- The method of "hitting the battery": you need to take some object and knock. This usually works;
- A convenient way to take revenge would be to use a “GSM signal jammer”. With it, you will not be able to make calls in the area of \u200b\u200bits operation. You can warn that the Internet may also be turned off. If the offenders are young, it will be difficult to live without these amenities;
- To upset the neighbors, you can cut the wire from the telephone, the Internet, the intercom. Without these amenities, it is difficult for a modern person to live;
- If flooding constantly occurs and no requests bring results, then you can flood your floor. Naturally, those living below will come. Then everyone will complain and the problem will disappear from this;
- Wealthy tenants can afford to purchase a high power speaker system. Not everyone is able to withstand such a test. This will teach offenders a lesson.
How to get revenge for the noise of the neighbors from above and at the same time silently for yourself
One of the quietest and most proven ways to get revenge on upstairs neighbors for noise is suitable for those who are rather superstitious. Regularly throw salt, earth, feathers, garbage, candle stubs and other "mystical garbage" on your neighbors' rug.Draw pentagrams, scatter needles and leave notes with all sorts of "conspiracies". If your neighbors are superstitious, such actions will lead to success very quickly.
- You should not run with a showdown as soon as you hear the sound of a drill and a hammer drill. Your neighbors also have the right, including to carry out minor and major repairs in their apartment, if necessary. If the neighbors from above make noise during the hours allowed by law, you will have to put up with it, at least for a while.
- If the noise continues for a long time, try talking to your neighbors and calmly explaining that their actions are causing you appreciable discomfort. They may not realize that you react so painfully to loud noises.
- If you are “lucky” to live in a house with thin walls and ceilings, then every, even not very loud, sound made by your neighbors will resound in your apartment. In such a situation, even the most ordinary household noise will seem unbearable. In this case, it is best to think not about how to avenge noise from neighbors above, below or through the wall, but about how to provide additional sound insulation to your home. For example, a thick carpet can be placed on a wall or floor, and the ceiling can be “sewn up” with drywall, while laying an additional layer of insulator.
How to calm down noisy neighbors algorithm of actions from A to Z
If your neighbors are constantly making noise, disturbing your rest at night and during the day, in no case should you solve the problem through scandals and assault. You need to act strictly according to the law, and we will tell you exactly how you can influence noisy residents.
What kind of noise is considered illegal
It must be understood that not all noise emitted at night constitutes an administrative offense. In particular, unacceptable noise is considered:
- conversation in raised tones: quarrel, showdown;
- whistling;
- loud singing;
- rearrangement of furniture;
- playing musical instruments;
- watching TV or listening to music at full volume;
- carrying out repair work.
Note that these requirements apply not only to apartment buildings. They operate in the adjoining areas, in the private sector, on the territory of hotel complexes and sanatoriums and resorts.
Important! You can’t complain about night noise in cases where a neighbor with a cold coughs, a child is naughty
How to confirm that the noise level exceeds the permissible limits
Of course, one cannot simply state that the level of noise emitted by the residents of a neighbor's apartment exceeds the number of decibels established by law. This will require a technical opinion, which in the event of a trial will become an unconditional proof of your innocence.
To obtain this conclusion, you can contact the specialists of Rospotrebnadzor or the bureau of independent technical expertise. Representatives of these organizations have the necessary equipment to measure the noise level in the apartment.
How to validate
In order to guarantee a solution to a delicate problem, you need to independently collect the evidence base. Let's see what can be done before law enforcement arrives:
- Sound recording. It is better to record sound on a voice recorder at the entrance, noting the recording time at the beginning. This will help to prove that the neighbors are noisy at the wrong time and interfere with all residents of the entrance;
- Pre-trial settlement. It would be useful to record a conversation with neighbors, where you can clearly hear that you were trying to solve the problem peacefully;
- Repeated offense. It makes sense to collect evidence over several days in order to have evidence of the regularity of the noise in the neighbor's apartment;
- Photo evidence. If the neighbors from above walk in such a way that plaster crumbles in your apartment, this unpleasant fact can be recorded in photographs;
- Video recording.This practice is used in situations where noise at odd times is heard on the stairwell or on the porch near the entrance. Surveillance cameras are installed by the management company, the residents of the entrance pay for the work.
At the beginning of the article, we recommended collecting copies of the protocols drawn up by the district police department or the police department. These documents also belong to the evidence base, and, if necessary, are attached to the lawsuit.
How to punish noisy neighbors
poop in a bag in advance, throw a poop on the doorstep in front of the apartment of noisy neighbors. Put a sheet of newspaper on top of the poop and light it. Ring the doorbell quickly and run away. And imagine: the neighbors open the door, the paper is on fire, they reflexively begin to stomp their feet on the paper to put out the paper, and under it, g..but, what will the neighbor's foot be in)))
These rules do not apply to cases of emergency and construction work, when it is important to ensure the safety of people. Only this should be a preliminary warning
The entrance is also one of the areas where silence is required. The duration of the repair work should be about 6 hours, followed by a break. Activities that cause noise include:
Noise Measurement Methods
There are several ways to measure noise.
You can use everyone, the main thing is to reflect the result in the application for neighbors and be ready to confirm it:
- Install the application on your smartphone. Their principle of operation is identical, and the correctness of noise measurement will depend on the parameters of the apparatus. You can also make a video showing the breaking of the silence.
- Contact an independent reviewer. The results of measurements and fixation will be displayed in the corresponding act. This is already a document that has real power when dealing with a complaint about noisy neighbors.
It is clear that the cost of such services can hit the budget a little. Here you need to stop again and think about whether the neighbors are that serious. If patience is over, and the decision to pacify the violators has matured, you can take noise measurements and proceed to other activities.
Illegal methods of dealing with noisy neighbors
Legal, semi-legal and technical ways to deal with noisy neighbors
Appeals to the authorities are not the only way to punish noisy neighbors. Influence them with the help of improvised means. Some of them have been known for a long time, others have appeared only recently thanks to technological progress.
The information is provided for informational purposes and not as a recommendation.
vibrocolumn
Another name is vibrodynamic. This is a noise amplifier operating at resonance. Sound waves grow from application to a flat surface. It is enough to purchase the device online, connect it to a computer or phone and attach it to a wall or floor.
As a result, the noise will sound from the neighbor. The trick is that in the apartment itself, where the vibrocolumn is installed, nothing will be heard. Therefore, those who come running to figure it out will experience at least surprise - a convenient way to take revenge on the neighbors from below for the noise.
phone with pot
A little outdated, but effective way to deal with neighbors from above.
The recipe is the following:
- you need to find the surface closest to the ceiling, for example, a kitchen cabinet;
- fill the pot with water almost to the brim;
- install it on the mezzanine, put something dense to press it against the ceiling;
- attach a phone to the container, turn on music or make a call.
The principle of operation is the same as that of the vibrocolumn, but the scope is limited only to the ceiling. Of the benefits - a clear demonstration of the laws of physics and efficiency. Among the shortcomings are the complexity of the design, some bulkiness and a high risk of detecting a noise source by a neighbor.
Other technical means
With enough imagination and free time, you can invent other tools of revenge. For instance:
- a battery-operated machine with a piece of wire hitting an iron horizontal bar;
- signal silencer - without registration, you will have to get rid of the device;
- design with a hammer monotonously knocking on the wall.
The main thing is not to cross the border. There is nothing easier than turning yourself into a delinquent, punishing noisy neighbors. Sometimes it is worth limiting yourself to the traditional measured tapping on the batteries, because, most likely, the hint will be understood.
Noise Limits
The permitted noise level is fixed. It is measured in decibels, at least the physical quantities in the regions have not yet been allowed to change. Dry numbers will not say much, so it's worth starting with a few examples.
Watch the video: "How to get revenge on noisy neighbors, and how to evict them with relatively legal methods."
For a better representation, analogues of noise quantities:
- 30 decibels - the sound from the wall clock, quiet conversation;
- 50 dB - normal tone;
- 90 dB - loud speech, almost turning into a scream.
In neighboring rooms, separated by several levels of insulation - wall, carpet, wallpaper - the values \u200b\u200bare less. Therefore, the ticking of a clock and a calm conversation are usually not audible, but a heated argument or a concert on TV is completely. Not to mention the neighbor playing percussion instruments or drilling walls.
Noise during the day
For many, it may be news that noise is also prohibited during the daytime. The sound limit before evening is 40 decibels. Thus, neighbors should not stomp their feet loudly, swear and listen to music at full volume.
Noise from neighbors at night
At night, the maximum noise level drops to 30 dB. The recorded excess is a direct violation of the rights to rest. For neighbors, it becomes a reason to contact the competent authorities or call a squad.
However, there are exceptions, such as a triggered fire or car alarm. In the first case, we are talking about the safety of citizens and the preservation of health, in the second - about the suppression of an offense. Complaints about these sources of noise from neighbors in case of correct operation are not accepted.
Noise from neighbors during renovations
Repair in the law on silence is a painful topic.
- Work is allowed to be carried out strictly during the daytime, on weekdays.
- It is forbidden to make noise with instruments after 19:00, as well as at lunchtime. This is one or two hours, approved at the regional level, during which young children are supposed to sleep.
- The maximum duration of continuous repair work is 6 hours.
- The legal noise limit must not exceed 79 dB.
Permissible noise levels in the apartment and penalties for exceeding them
The problem is that no repair is complete without sounds that exceed the established norm. It's not even about a puncher, but about a banal knock with a hammer. Working in an apartment adjacent to legally savvy, as well as intractable neighbors, can hit the budget hard, because noise fines in these cases are significant.
Regardless of the time of day and the source of the sound, the complaint must be justified. To do this, it is necessary to establish and fix the excess of the volume norm.
How to support a complaint or statement of claim in court with legal grounds
Call the specialists of the department of Rospotrebnadozor or the sanitary and epidemiological station. Representatives of regulatory agencies will draw up an official document that confirms the excess of the permissible volume level. The official conclusion of the controlling organizations will be indisputable evidence in court. In court, you can recover compensation from violators for non-pecuniary damage.
How is peace and quiet protected in Moscow?
Moscow has Law No. 42, which sets the maximum volume levels. During the day you can not break the silence from 13:00 to 15:00. Loud sounds are not allowed in the evening and at night from 19:00 to 9:00. Violators of public peace need to be prepared to shell out up to 2,000 rubles.
5 most frequent questions about the fight against violators of silence in the capital
Is it possible to punish the violator if the alarm sounds are heard at half past eight in the evening? In Moscow, night time is the period from eleven to seven o'clock in the evening.
The rule was established by Law No. 42. Therefore, loud alarm signals at 20:30 are not considered a violation of the law.
During the day, a neighbor opens the door with noise, a dog barks loudly in his apartment, what should I do?
Law No. 42 does not penalize such inconvenience as it regulates the volume level at night. The neighbor is noisy during the day. There is an option to call representatives of the controlling organization and measure the noise level. But this method is ineffective, since it is impossible to predict in advance what time the intruder will start to make noise.
What should a mother of a small child do if the tenants in a neighboring rented apartment listen to loud music and prevent the child from sleeping?
If the silence is broken by temporary residents, you can scare them. Make a statement to the police with a request to check whether they live legally. Submit an application to the tax office. The tax authorities will check whether the owner of the apartment pays taxes.
There is a popular nightclub near our house. The sounds of club music are loud at night and interfere with sleep. How to legally punish such neighbors for noise?
We advise you to get together with other residents of the house and send a collective complaint to the prosecutor's office or the department of Rospotrebnadzor or the court. If there are suspicions that the management of the nightclub has committed other violations, complete the complaint. Supervisory organizations have the right to suspend the work of an institution that violates public peace.
Behind the wall is constantly being renovated. Now it combines the loggia with the room. Endless repairs are underway, the knocking continues into the night. How to punish the violator?
Law No. 42, article 1, subparagraph “e” will help. Repair work cannot be carried out at night. Therefore, if the repair continues after 11 pm, there is every chance to bring the violator to a fine. To do this, you need to call representatives of the department of Rospotrebnazor to make noise measurements, and then contact the police.
Conclusion
Today, anyone can legally punish neighbors for noise. To do this, you need to collect evidence and contact regulatory organizations.
Check the legal act that sets the volume limits in your area
Of course, each conflict with noisy residents is individual and must be considered taking into account all the nuances, so you can contact the staff of the Bastion Law Center for free legal advice. Our lawyers will tell you how to punish neighbors for noise according to the law, what documents are needed and where to complain.
about the author
Sergei Mironov
Experience as a lawyer since 2000. Graduated from the Moscow State Open University with honors. Provides advice and assistance to citizens on all legal issues.