Neighbor with a perforator

Law on silence in Moscow in 2019

The permissible noise figure is regulated at the state level by norms and standards. Today, in 2019, the law “On the silence of the city of Moscow” No. 42-FZ has legal force in the capital. It refers to compliance with noise regulations, establishes hours when it is impossible to make noise, and also indicates actions that cannot be performed at night and on holidays.

So, to noisy sounds, the law refers to the following:

• loud music and television programs;
• repair and loading works, rearrangement of furniture;
• quarrels, violent showdowns;
• baby crying;
• car horn in a residential area of ​​the city;
• dog barking, etc.

Such restrictions are defined not only for residents of residential buildings, but also for hotels, boarding houses, hospitals, clinics and other institutions, as well as for persons located in residential areas and sites.

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Noisy shops instead of neighbors

At times, there are situations when the silence regime is violated not by the residents of the house, but by the shops or pavilions that are located next to them. Moscow is a rather large city, and therefore such outlets are located at almost every step. Where to go with a complaint about such a neighborhood will depend on the nature of the violations. Consider the most common of them:

1. Illegal conversion of an apartment into a shop. Most of the new buildings initially, according to their project, imply the allocation of the lower floors for non-residential fund. But with old buildings the situation is different. To convert an apartment into a store, you must draw up the appropriate documentation. If you do not make a separate entrance to such a room, then you still need to collect the consent of at least two-thirds of the apartment owners at a general meeting of all residents of the house. Otherwise, you can complain about the owner of the store to the Moscow Housing Inspectorate or the prosecutor's office.
2. Extraneous sounds and smells from the work of the store. If a rumble is heard in the room, for example, a refrigerator or other store equipment, as well as smells of cooked dishes and other things, you should contact Rospotrebnadzor, whose specialists will help determine the noise level and check the correct operation of the hood.
3. Night unloading of goods. The law does not prohibit unloading products at night, however, this should not be done under the windows of people. At the same time, the car engine should be turned off, and loud conversations between employees should also be avoided.
4. Night gatherings. At times, near the shops you can meet noisy companies drinking alcoholic drinks at night gatherings, as well as arranging various showdowns up to fights. In this case, you need to call the police.

Responsibility and measures applied to violators of silence on weekends

Starting proceedings is always a troublesome business, but even the district police officer has the right to impose a fine for violating silence, and the person will be held liable to the fullest extent of the law. To do this, you need to write a statement to the police.

The police officer must immediately respond to the signal, clarify the situation and interview other neighbors. If the applicant's words are confirmed, the violator may be fined.The standard size of the sanction is equal to two minimum wages, but there are situations when the punishment is increased.

Noise fines on weekends

A penalty sanction is imposed on violators only after an authorized person understands the situation. After analyzing the complaint, the employee of the department that received the complaint letter must make sure that the information about the noise on the day off is true. Upon receipt of confirmation, a fine is set.

Sizes of sanctions:

1. For individuals - from 100 to 1000 rubles.
2. For employees of construction or management companies - from 1000 to 2000 rubles.
3. For an organization - from 10,000 to 20,000 rubles.

In relation to those citizens who systematically break the silence, they can initiate eviction measures. For organizations, additional punishment is provided in the form of termination of commercial activities for up to 90 days. For example, if loud music is heard from a cafe at night, then people living nearby have the right to write a noise complaint. In this case, the company will receive a fine and an order to close the enterprise for three months.

Watch the video: “How to get revenge on the noisy neighbors who buzzed all night. Instant karma."

Every citizen must respect the person living nearby and not disturb the peace during prohibited hours, including weekends. In this case, the victim can always complain to state authorities or go to court with a lawsuit.

There are situations when noise is forced. Then it is worth talking with the neighbors and resolving the issue peacefully. Most often, people living nearby enter into a position.

Free phone consultation! Moscow and region:; Regions of the Russian Federation:

Where and how to complain about noisy neighbors

If the noise from the neighboring apartment systematically interferes with normal rest, then you need to complain about the troublemakers. It depends on how comfortable it will be in your own apartment.

Further action is necessary in cases where talking has not helped and noisy actions are repeated regularly. There are several options for further developments.

Instances for appeal and sample applications

Consider where you can complain about the neighbors:

Call the police. You should not rely heavily on any result from such a visit, except perhaps on the psychological effect that will be produced on noisy neighbors. As practice shows, nothing more will follow. The police may not arrive in time to hear a noisy party or renovation behind the wall. By the time they arrive, it may already be over.

Here it is important to collect more video and audio recordings of what is happening so as not to receive a false call.
Appeal to the prosecutor's office. If, when calling the police, they answer that there are no free outfits, then you need to find out the number of your appeal

This is required to contact the prosecutor's office to confirm the fact of your call to the police. In such cases, the prosecutor's office conducts an inspection and reports its results in a letter.
HOA or management company. Such organizations, as a rule, are not authorized to do anything other than conduct explanatory work. In addition, representatives of these organizations may simply not be allowed into the apartment.
Contacting Rospotrebnadzor. A particular benefit of this treatment is that the organization has all the necessary resources to measure the noise level. A special act is drawn up about this, which will be useful when going to court.
Appeal to the court. This is the most extreme measure, it is allowed to resort to it only once, so you need to thoroughly prepare. First of all, this is the collection of an evidence base: copies of complaints, appeals (this is where all the appeals and replies from other authorities will be needed). Duplicate protocols are required, testimonies of other residents, an act with a noise background measurement in the apartment. You should not count on a quick consideration of the case, it usually takes at least six months.The result of the trial will be the maximum possible fine or eviction (but this measure only applies to tenants, not owners).

Required documentation when applying for noise in the apartment

When applying to any of the above authorities, you need to take care of the availability of the following documents:

1. Applicant's passport.
2. Documents proving that there were multiple appeals to various authorities. All protocols, noise measurements, polls of neighbors and so on are also applied here. If somewhere the applicant met a refusal, then it is necessary to have it in writing.

It is on the evidence base that success in court depends. When making an accusation, the judge will not rely solely on the unsubstantiated accusation of the applicant.

Is it possible to evict a neighbor for noise

Each resident of an apartment building is obliged to obey the general rules, otherwise he will be punished. There is no difference, the owner of the apartment, the tenant or a citizen living under a social contract of employment. Everyone must respect the rights of neighbors, including the right to good rest.

Eviction is an extreme measure, rather an exceptional one, it is taken out only by the court after a thorough consideration of the case. This applies to cases where there is a combination of other threatening factors (brawls, damage to property, fights, etc.). Used only when other measures fail. Eviction is possible only in case of a malicious violation of law and order at the entrance.

If the violator lives in a municipal apartment, it is recommended to complain to the municipal authority, which will also resolve the issue of eviction. No other apartment will be provided to the violator during eviction to replace the lost one.

What noise is considered a violation

The law clearly defines what kind of noise to classify as violations of standards. In fact, any loud noise that disturbs the neighbors can be a cause for complaint. In 2019, you can be fined for the following actions:

• exceeding the volume level of speech, screaming;
• the use of objects that make noise (this concept includes noisy household appliances, as well as explosives, such as firecrackers);
• construction and finishing works;
• exceeding the volume of the TV or devices that reproduce audio sounds;
• car alarm operation;
• barking or howling of domestic animals, in respect of which the owner does not take any action;
• moving furniture;
• baby crying.

You don't have to worry about loud noises if your apartment is soundproofed. In this case, the neighbors are unlikely to hear what is happening in your home. In other situations, the established rules must be observed. Moreover, they operate not only inside the apartments, but also on the street.

Where to complain about violators

If neighbors are not responding to requests to turn down the volume of music or stop renovation work, you need to act decisively. First of all, you need to stock up on evidence. This may be an audio recording, but it is best to provide a video recording to confirm the fact that the volume was exceeded in a particular apartment.

You will need the video when you call the district police officer, because by the time he arrives, the neighbors may stop making noise. The law enforcement officer must file a written complaint. After the trial, the violator will be fined.

You can also apply to Rospotrebnadzor, the police and even to the court. If there are witnesses and a video recording confirming the violation, you have every chance to punish a neighbor who constantly harasses you with noise at night, and even recover funds from him for the moral damage suffered.

Follow the rules established by law so that you do not suddenly see a notice of an upcoming trial in your mailbox. Not all neighbors are ready to resolutely fight troublemakers, but if the volume level is constantly exceeded, the number of people who want to write a complaint will increase.

Additional Information:

Litigation due to noise from neighbors

To file a lawsuit against noisy neighbors, it is necessary to prepare a solid evidence base. For this, copies of applications sent to the housing and communal services, the partnership of owners, the district inspector, and the department of Rospotrebnadzor will be useful.

Significant evidence will be:

• copies of various statements;
• a completed act on the study of the level of repair noise;
• testimonies of other neighbors of the entrance or house;
• audio or video recording indicating the time of the violation.

Themis always stands on the side of respectable citizens, therefore the perpetrators of abnormal manifestations are subject to a monetary penalty. If intractable neighbors are tenants, they can easily be evicted from housing construction. However, in case of violation of the silence by the owner of the apartment, the punishment is often expressed in impressive fines.

Sample complaint against noisy neighbors

An application to the court for restless, noisy neighbors is no different from an ordinary petition. Most often, it contains an indication of regulations that are grossly violated.

An example of a claim for the eviction of rowdy alcoholics.

These are:

• Civil Code of Russia Art. No. -.

The latter point to the elimination of violations of the legitimate rights of citizens.

The claim can be confirmed in writing by other residents of the building, executed acts of the district inspector, Sanitary and Epidemiological Station, Rospotrebnadzor.

However, the court has the right only to oblige the troublemaker to stop his illegal actions, which will affect the restoration of silence at home. But this does not mean that the builder should increase the sound insulation of their thin walls.

You can download a sample collective statement to the district police officer on noisy neighbors here.

Attached documents, state duty

A lawsuit against noisy neighbors will require the following official documents:

• the applicant's civil passport;
• previously executed acts of an offense drawn up by various structures;
• copies of previous notices;
• payment receipt for the payment of state duty.

A sample application for the refund of the state fee can be downloaded here.

Do's and Don'ts

Frames indicated in decibels:

To understand, it is enough to compare the indicators with a car alarm. The activated security system produces up to 80 dB, which is much higher than even daytime indicators.

Slightly lower level with children's crying 78 dB. The loudest common can be called jackhammers, capable of delivering up to 120 dB.

The standard inside the dwelling is kept at around 5 dB, and in the adjoining territories 10 dB. A passing modern car with a working muffler raises this mark to 55 dB.

Operating household appliances affect the degree of noise in the room

Often, residents simply do not focus on this, getting used to the constant sound. For example, a refrigerator can produce a roar with a volume of 25 to 45 dB or more.

In accordance with GOST 16317-87, the maximum threshold for a refrigerator for this indicator should not exceed 53 dB.

Household appliances of a specific modification have individual characteristics:

You can determine it using a special sound level meter. In order to take readings, you need to point the device towards the refrigeration equipment and keep it at a distance of half a meter from the household appliance. A few seconds after the start of measurements, the result will appear on the screen of the device.

If it showed a value that exceeds the allowable indicator specified in the technical documentation for the household appliance, then the refrigerator needs to be replaced or repaired.

There are a few exceptions that allow you to exceed the level on holidays:

• the holiday fell on a Saturday;
• repair actions are necessary to ensure the safety of citizens living in the house;
• work is being done to eliminate the consequences of natural disasters;
• if the noise comes from organizations conducting religious activities.

Moscow and the region are trying to find a rational approach to ensure maximum comfort and safety of people.

Law on the silence of the city of moscow 2019

• Carrying out measurements in the plaintiff's apartment. Measurement of noise at the intruder during repair work. Drawing up an act on the violation of silence.

According to the new version of the law, repair work and any noise are now prohibited not only in the evening and on weekends, but also in the daytime.

At the same time, an important point is that if you just bought an apartment and you have a building option (an apartment without repair), and the house is new (it has just been put into operation), then within 1.5 years the law on silence has not been written for you, and it does not apply to you. And this is understandable - the construction option must be turned into comfortable housing, and there is no way to do without the noise of a perforator in the apartment.

The period of free time from restrictions is established by the legislation of Moscow. You can rearrange, play with the dog and drill walls on weekdays at a certain time:

In addition to the Moscow regional acts, every citizen must adhere to the general noise level standards of the Sanitary and Epidemiological Supervision, which must not be violated during the following hours:

In 2019, two official laws are in force in the city of Moscow and the Moscow region, the texts of which contain norms that determine the time for rest and sleep of citizens day and night. The media often confuses them, combining their provisions with the general phrase "the law of silence."

According to the norms, the maximum possible values ​​​​of the noise level in apartments: for daylight hours - 55 dBA; for the night period - 45 dBA.

The Moscow law strictly complies with the federal standards established in the law 52-FZ on silence, but the document also has its own differences.

What threatens a citizen if he breaks the law. When a misdemeanor is committed for the first time, law enforcement agencies only warn the offender. When a second offense occurs, it is punished with a severe monetary fine.

• During the day it is allowed to make noise no louder than 40 decibels. In some cases, the maximum value can rise to 55 decibels;
• At night, the permissible noise level drops to 30 decibels.

The long history of the law on silence began in 1999, when the State Duma of the Russian Federation adopted its first edition. The imperfection of the norm adopted by legislators is partly due to the fact that many of them have not had to deal with the noise level of an apartment building with poor noise insulation. Corrections and amendments have been made several times since that time, but the number of complaints about the noise level at night and daytime has not decreased.

For any violation, morning start, evening end, agreed daytime break or duration of more than 90 days, you can call the district police officer and report violations.

Residents of megacities often face a problem when neighbors neglect generally accepted rules, disturbing them with noisy gatherings or repair work. In order to protect its citizens, Russian legislation adopted federal law # 52-F3. But each individual subject of the Russian Federation has its own regulatory document, which corresponds to the conditions of life in a particular region. So in the capital, the law on silence in Moscow has been in force since January 1, 2018.

The night peace of the capital today is protected by law # 42 “On maintaining the peace of citizens and silence at night in Moscow”, adopted on July 12, 2012, but for greater comfort of citizens both on weekdays and on weekends, adopted with On January 1, 2018, the bill introduced a number of amendments:

Legal Basis for Silence Law

Regional laws, including the law on silence in MSCs, are based on the norms of the Federal Law “On the Sanitary and Epidemiological Welfare of the Population” N 52-FZ, as well as numerous standards and GOSTs that determine the permissible level of noise and vibration in an apartment building.For example, it has been established that the normal noise level in residential premises:

• in the daytime - from 40 to 55 dBA;
• at night - from 30 to 45 dBA.

Exceeding these indicators harms human health and can cause mental disorders, insomnia, heart rhythm disturbances, and even diseases such as gastritis and stomach ulcers.

The time period when daytime ends and nighttime begins is determined precisely by regional “quiet laws”, they are also called “noise laws”. In 2019, for the most part, they comply with federal standards - night from 23-00 to 7-00, such as, for example, the 2018 law on silence in Moscow. Also, regional laws separately establish:

• what sounds should not be made at night (for example, moving furniture, singing, playing musical instruments, etc.);
• the time when it is possible to carry out repair work in residential premises (for these works, due to their noise, more stringent standards apply);
• daytime breaks when you can not do repairs (this is the so-called "quiet hour" for children);
• a list of exceptions when the norms of the “noise law” can be violated.

Silence on weekends

A noisy neighbor can make life unbearable. Every citizen living in Russia is obliged to comply with the law on silence. In 2019, adjustments were made in the regions, but the specific period and break remained unchanged.

So, in most cities of the Russian Federation, noise can only be made during the day, and for repairs, the time period is from 09:00 am to 19:00 pm. In addition, the work team is required to take a break from 13:00 to 15:00.

From what time can you make noise on weekends

In an apartment building, you can play loud music only during the day. The ban applies to the evening and night time, depending on the region. The noise level must not exceed 55 dB, otherwise other residents will have a basis for making a complaint.

The allowed time for repairs is from 09:00 am to 19:00 pm. If we are talking about a holiday, for example, the New Year, then exceptions are provided. During the holidays, noise is allowed until 4 am. However, this only applies to the date between December 31st and January 1st.

From what time you can not make noise on weekends

It is forbidden to hold noisy events or work at night. Basically, this is the time period from 11 pm to 8 am, but in some regions the frames are reduced by several hours.

People can always negotiate with neighbors. If a person is planning a holiday or urgent repair work that does not require delay, then it is worth talking with the locals, who may be disturbed by noise. Of course, if you break the law once, then even if a complaint is filed by disgruntled neighbors, it will only entail a warning from the district police officer.

Noise and repairs on the weekend

Repairs can be made on Saturday if the person manages to carry out the process at the set time. No noise work is allowed on Sunday. This day is considered a public holiday, regardless of where a person lives - in an apartment building or in the private sector.

If a construction team is working on the territory, then it is worth specifying the nuances:

1. From Monday to Friday, they can work from 8 am to 10 pm, with a day break.
2. Take a mandatory day off on Sunday.
3. Consider the opinions of residents.

If the company is engaged in repairs, then lawyers advise not to enter into oral transactions of this kind, but to state them on paper. After all, there can always be a dissatisfied person who decides to complain about the builders for noise on a weekend or weekday.

Silence penalties

According to the latest amendments to the law, people who exceed the permissible volume at a certain time will be punished financially.

Fines will have to be paid not only by ordinary residents, but also by organizations that do not monitor the noise level in the building where they are located.

For the first violation, law enforcement agencies are usually limited to a warning, but for a second violation, they issue a fine.The following sanctions are currently in place:

• primary collection from 1 to 3 thousand rubles. (determined on the basis of a complaint from neighbors and exceeding the volume level);
• the second violation will cost 4 thousand rubles;
• for the third time, law enforcement agencies will issue a fine of 5 thousand rubles.

These amounts apply to residents of apartment buildings. But legal entities cannot do without such small fines. They will have to pay several tens of thousands of rubles for breaking the silence. The maximum amount of recovery is 150 thousand rubles.

Other noisy questions

In order not only not to suffer from neighbors who do not follow the rules when you can make noise in the apartment, but also not to become a violator, annoying everyone else, you should familiarize yourself and remember at what time and when you can make noise within the established norms, and when you can’t make noise at all.

How much noise can you make in Moscow

Repairs and other non-quiet activities are allowed in the capital on weekdays and Saturdays from 9 am. Breaking the silence is not welcome on Sundays and public holidays.

How much noise can you make in Moscow

By law, you can make noise until 19 pm. At the same time, do not forget about the quiet hour, which lasts during the day from 13 to 15 hours. This period of time was introduced not so long ago. It was established so that families with small children can organize a healthy daytime sleep for their children.

Can repairs be done on weekends?

Many are interested in whether repairs are allowed on weekends, because on weekdays the vast majority of people work and are unable to be at home. So, such work on Saturday is allowed. Therefore, those who are interested in whether it is possible to drill on Saturday in Moscow will receive a positive answer. The time frames here are set the same as on weekdays. But on Sundays and holidays, such events are prohibited at any time.

Video: time to make noise

Many citizens of Moscow wondered how much repairs can be done when negligent neighbors do not allow them to rest peacefully every day. In addition, sometimes they themselves need to carry out some kind of repair work, and there is not always enough time for this. After all, there are not so many hours when you can drill, given that it is during this period of time that the average resident of the capital is at work.

And, of course, a completely separate issue, when the neighbors do not allow you to sleep well at night or spend your day off. Simple conversations rarely help to solve the problem, especially when such violations are regular. In this case, you have to act more decisively. However, before making claims to anyone, you need to be one hundred percent sure that you are right.

If you are familiar with such situations, in order to know how to operate in front of malicious violators of the silence regime, check out the video below.

https://www.youtube.com/watch?v=PHuVsJJK83YVideo can’t be loaded because JavaScript is disabled: The law on silence in Moscow and the Moscow region in 2019. All the nuances. (https://www.youtube.com/watch?v=PHuVsJJK83Y)