Neighbors downstairs complain about the noise or clatter of the child what to do

What evidence do you need to present to the police?

Very often, residents in apartment buildings complain about noisy neighbors, since the audibility between the walls is very high. Sometimes you can even hear a working TV, company feasts, not to mention the fact that loud conversations can also be a source of noise. But the main cause of silence violations is:

• loud music, if you turn it on at a powerful volume;
• playing musical instruments;
• loud singing (a neighbor or neighbor loves singing in the shower);
• repair work during the prohibited time;
• screaming or crying of a small child;
• drunken showdowns and other situations that exceed the permissible noise level.

In the presence of such circumstances, it is initially possible to ask citizens who interfere with normal rest not to make noise. If the neighbors are understanding, then a friendly conversation helps in such situations. You can also threaten that if the requests are ignored, a statement will be written to the police. In case of repeated appeals, it is recommended to fix the fact of violation. For example, to film, make an audio recording, enlist the testimony of neighbors who are bothered by negligent tenants. All this will be evidence in the struggle for silence for the authorized bodies.

Need legal advice. Neighbors complain about the stomping of the child

A month ago, on February 20, a downstairs neighbor (a pensioner) called us at the door complaining that it was impossible to live under us, as the child stomps from morning to night, does not allow her to live in peace, that she has to turn on because of this TV at full volume, and saying that it's time to give him to the garden, that I should walk him more often and bring him up as expected! Then she said that in addition to stomping, we slam the doors, which is blatant nonsense! Then she said that she would complain about us to the HOA, the housing office, the police and the owner of the apartment (we are renting an apartment) - apparently everyone at once. Until that day, for probably a month, she periodically knocked on our battery.

Today, March 20, my husband was leaving the apartment, and on the threshold he already met another woman who, without introducing herself, began to run into him right away, saying that we interfere with everyone’s life and stomp at night, and they hear us right up to the sixth floor. Yeah, but we live on the third! She said that they would go to complain to the district police officer. My husband, like me, reacted calmly, replied: complain. This obviously infuriated her, and when they went down together out of the entrance, she loudly declared to all the grandmothers sitting on the bench (and in the entrance we have almost only grandmothers, who, as I believe, are bored, they constantly sit at the entrance, discuss us every time we pass by, and apparently they started all this), they say you can’t get through us, as a result, almost a whole rally of these attendants gathered there!

The questions are as follows: will the district police officer come to us if the grandmas write a complaint? What can I expect from this meeting? How to behave, what to say? Is the stomping of a child grounds for a fine? And in order for us to be evicted (I think this is exactly what grandmothers are trying to achieve)? And how should I behave if some grandmother comes to me again? I want to be ready for any turn of events. Please tell me!

P.S. Now we are renovating our apartment, and we plan to move in the summer, so we need to somehow hold out until the summer ... Besides, I'm pregnant, and I really want to do without unnecessary hassle!

The Law of Silence

We are talking about the Federal Law, which limits the permissible noise level at night to 30 dB, during the day (from 7.00 to 23.00) to 40 dB. In Moscow, St. Petersburg, and other cities, some changes may be made to the silence mode.

Repair work becomes a source of loud noise no less than drinking and fighting in apartments.Constantly in apartment buildings, certain residents carry out repairs, it is not prohibited by law in 2019, but it is necessary to observe the silence regime, to respect the rights of neighbors for a relaxing holiday.

Hello. Like many here, I had no luck with my upstairs neighbor. He bought an apartment for rent, so he made repairs saving on everything possible. And apparently, for durability, the entire floor was tiled, right along the screed. I rented the apartment to a young couple, this couple very often arranges drinking parties, the girl constantly walks around the apartment in high heels, deafeningly clattering on her tiled floor. To date, all attempts to reach an agreement have been exhausted. That the owner, that the tenants turned out to be people who defiantly spit on others. The owner repeatedly told my husband and me that it was only our problem, not his. Yesterday, in my presence, the chairman of the HOA called him and asked him to evict the noisy tenants, whom the entire entrance was already complaining about. To which he replied that when he comes for money, they do not make noise, and they do not interfere with him personally. Therefore, it is not he who should deal with them, but the neighbors and the HOA. This is Mr. Entrepreneur. Yesterday we wrote a statement to the police, which we barely persuaded to accept and give us a ticket. The police deny that it is not in their competence. That they can’t do anything, since the law “On Silence” is local, St. Petersburg, and they are federal. Those. They can't issue fines, etc. The question is, who then performs this function? Where can I go to start getting fined? In fact, I understand that only eviction can help. What documents will need to be collected for the court? I would also like to force the neighbor to make a normal floor through the court, what needs to be done for this. I also wanted to offer to unite so that they finally accept normal serious fines for noise torture and that there is a clear mechanism for solving this problem, and not sending them to hell from all instances. I called the police squad for the last night brawl, so they didn’t even come! It is necessary to change the system itself, then all the neighbors will become silk when it hits their wallet hard.

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Where to complain about neighbors

It is night outside, and the neighbors from above are drilling through the walls, do not stop the noisy fun or swear so that the disputes are heard on several floors. Where to call with a complaint in 2019?

If the neighbors are noisy at night, you need to contact the police. To do this, just use the phone 02 or 112, explain to the duty officer the reason for the call. But you need to take into account that the duty officer simply receives information, there is no need to present the situation as domestic proceedings.

The police, even if they arrive on a call, will only be able to draw up a protocol and make a remark to the offender. They can't arrest him, take him with them.

Further actions are taken by the district. It is his responsibility to deal with noisy neighbors who listen to music at full volume or yell at night. And the complaint against the brawlers must be considered by them.

A complaint about a noisy apartment should be collective, in which case it will have a greater impact on law enforcement. The district police officer makes sure that the offense really takes place, this is not just an attempt to settle scores for some personal grievances, not petty quarrels between families.

You can send such a collective complaint by letter, you can also take it and give it personally to the district police officer.

Neighbors complain about music during the day, should I be worried

Residents of the house are required to comply with the rules of the hostel, organizing life in such a way as not to interfere with others. It is unacceptable when walls shake from music. The volume should be such that the sound does not go outside the apartment. First of all, these are moral and ethical norms.

From the point of view of the law, everything looks more complicated. If the sounds from your apartment do not allow your neighbors to live in peace, they will have to prove that the volume of the sound really causes them certain suffering, serious discomfort. In other cases, the maximum that threatens you is a conversation with the district police officer. However, when other residents constantly scold you for playing too loud music, it makes sense to listen or soundproof your living space.

Making a police report

A statement is drawn up to the district police officer for too noisy neighbors without a sample (in free form) and only if it is not possible to resolve such an issue on your own by talking with them. If the result of the negotiations did not give anything, then you can safely contact the police. A very important circumstance in this matter is the correct wording and specifics: you need to find out as much as possible in detail who, when, and how violates public order, for which you will have to run around and collect testimony from other residents.

An application to the police station can be written individually, as well as collectively, with the signatures of neighbors who are also annoyed by the noise source. The document can be drawn up in any form, or you can fill out the form directly at the site. The set template can be viewed on the Internet. But be that as it may, it should display reliable facts and be sure to indicate examples of what methods were used to resolve the conflict.

In order for the application to be really considered, it must certainly be drawn up in two copies, and it is recommended that one of them (your own) be certified by the district police officer. As a recommendation: it is better to issue such a statement by a team of neighbors.

What to do if you are accused of being noisy, but you are not

Neighbors do not always interfere with us, sometimes we ourselves become an annoying factor for someone. And if everything is clear with real guilt: here you just have to correct the situation and apologize, then what about the neighbors who like to quarrel from scratch, or are simply not quite healthy?

1. First of all, you should enlist the support of other neighbors, this will help in case of calling the police.
2. If you, nevertheless, feel some guilt behind you, you can spend money and organize at least minimal sound insulation.
3. Always warn neighbors about large-scale repairs, agree on a schedule, especially if there are small children and elderly people around.
4. If complaints against you are received constantly, and your conscience, meanwhile, is completely clear, then you can file a lawsuit in court for libel.

List of instances

In Moscow and other cities, there are a number of services that are required to keep order and observe the legal right of citizens to a quiet life and recreation:

The first authority that those who suffer from noisy neighbors should think about is the district police officer. He needs to write a statement describing the situation. The complaint must clearly indicate who violates the order, when these facts were noted.

The complaint should also contain information about what measures were taken by the tenants in relation to the hooligan neighbors. The precinct is given a month to consider the application. But if he is responsible for his duties, he will consider the complaint and take action much faster.

You can call the police and call a squad at the address of the violators. It is desirable that the outfit caught these citizens at the time of a violation of the order - a fight between neighbors or repair work at a later time. The police can at least issue a fine to the hooligans, next time they will consider whether it is worth making noise late at night.

The most drastic measure is going to court. It is worth consulting with an experienced lawyer on how to properly draft a statement of claim. important detail is the evidence of the offense. The noisy behavior of neighbors can be recorded on video, make an audio recording.

You will also need written evidence from neighbors. You can try to simply threaten the brawlers with a court, sometimes such a threat gives a result.

You need to be prepared for the fact that the court will want to conduct an examination of the noise impact at the expense of the applicant. And such expertise is expensive. Perhaps you should still seek protection from the police, call outfits as many times as the neighbors make noise.

Sooner or later, the police will be forced to take tough measures and restore normal life in the apartment building.In any case, one should not simply endure the bullying of ill-mannered and aggressive neighbors; civic activity should be inherent in everyone.

If the police ignore their duties, you need to contact their leadership. The inaction of subordinates will not be ignored by the leadership.

Have a question for a lawyer

If you violate the noise standards that are set for buildings, you may be held liable for noise during the day.

In practice, they call Rospotrebnadzor and measure the noise level in the neighbors' apartment, if there is an excess, they can be held accountable.

According to Article 6.4 of the Code of Administrative Offenses of the Russian Federation Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport - entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles; for persons engaged in entrepreneurial activities without forming a legal entity - from one thousand to two thousand rubles or an administrative suspension of activities for a period of up to ninety days; for legal entities - from ten thousand to twenty thousand rubles or an administrative suspension of activities for a period of up to ninety days.

You can also measure the noise from your apartment with your neighbors yourself, but Rospotrebnadzor will require a fee for this.

In this case, it is impossible to influence the neighbors in any way, except if they behave extremely inappropriately and offend. Then you need to file a police report.

Do nothing with them, let them call whoever they need, if they are so “smart”, if you really don’t make noise, let them record violations and so on, if there is no noise from you, then they will simply “break off”. I handled one such case, where one crazy person complained that he was disturbed from sleeping and so on. 2 years of litigation, the result is zero. If you rent an apartment, then you can simply move away from your neighbors, if not, then let them complain, the burden of proof will still lie with them.

Hello Julia. One good old principle works here - whoever complained first is right. Cut the wires - write a complaint to the district police officer, Prevention of offenses is his duty. The district police officer will call the neighbors, make a suggestion to them. Then they will complain (most likely) about the noise. They will call, for example, an outfit. The police will come and find nothing. It turns out that their complaints are revenge for the fact that you asked to reason with them for wiring.

Otherwise, if they do not violate your rights, there is nothing you can do. Just ignore. Follow the rules of the hostel. If you are very annoying with vague demands, do what officials do to get rid of annoying citizens. Let them know that you do not allow violations, but if they think otherwise, let them go to court.

In fact, since evidence is required for the trial, there is nothing to bring them to the court with.

Permissible noise level for apartment buildings

The text of the official document, called the "Law on Silence", contains data on the permissible noise level. In the daytime, this is 55 decibels, at night only 45. For comparison, the volume of ordinary speech corresponds to 40 decibels. Raising the voice to a scream already exceeds the allowable level twice. The norms prescribed in the law are indicated in the SNIP.

For many, the numbers do not mean anything, so here are the comparisons:

• crying baby - 75 dB,
• included vacuum cleaner - 78 dB,
• working drill - 95 dB,
• perforator or jackhammer - 120 dB,
• the sound of the air conditioner at maximum power - 30 dB.

During control measurements, street noise is also taken into account, if the house is located near the main interchanges or next to the railway track, a deviation of 5-10 units upwards is allowed.

The law stipulates the time interval in which you can turn on music in the apartment, make repairs, move furniture. For each region, it is set by local authorities. Night restrictions for Moscow from 23.00 to 07.00. Loud noise is not allowed in the region from 21.00 to 8.00, on holidays and weekends restrictions are in effect from 22.00 to 10.00. It is allowed to carry out various construction works from 9 am to 19 pm. During the day, it is impossible to disturb neighbors with loud sounds from 13 to 15 hours. This is the afternoon rest period.

Which authorities to contact, call, complain if neighbors interfere with sleep

Contacting the police

In the fight against noisy neighbors, the main thing is to stay in the legal field, therefore, if negotiations do not help, you should call the police or the district police officer.

The district police officer accepts during standard working hours, he can be contacted in person or in writing via mail. The district police officer will note the appeal, which will help if there is a court in the future. Also, the district inspector is obliged to conduct a conversation with the violator, issue a warning. Often at this stage the problem is solved by itself. The police can be called at any time of the day or night.

How to call the police?

We can say that the police are not very fond of such challenges, so you should know some tricks in this matter:

• in a conversation, indicate that a peaceful way to solve the problem has already been tried and has not helped;
• do not believe if the duty officer assures that only the district inspector deals with such issues;
• the outfit should arrive within an hour;
• if the employees did not respond, it is worth making a call again. Since all conversations are recorded, mention that if there is no reaction, an appeal to the prosecutor's office will follow.

What evidence can be gathered before the police arrive?

It often happens that when a police squad arrives on a call, there is no noise anymore. Therefore, it is worth taking care of the evidence in advance:

1. Attract neighbor witnesses to your side.
2. Record the noise level.

• Rospotrebnadzor willingly comes to such challenges, if we are talking about neighbors-legal entities;
• there are special bureaus that provide such services for a fee;
• You can do it on your own, using numerous applications for smartphones.

1. Record noise in audio or video format. In this case, it is worth making sure that the entry reflects the date and time.

Application to the district

An application for noisy neighbors can be submitted both during a personal visit to the district police officer and by mail. It is best to do a collective appeal. The application should describe in detail everything that happens, print it in two copies, and keep the second one, with a mark of acceptance.

Going to court

If the police do not help in the fight against noisy neighbors, the next step can be called a lawsuit in court. In order for this event to bring real results, you must have:

• Several recorded appeals to the police or to the district inspector.
• Noise measurements, video and audio recording.
• Testimony of neighbors.

The statement of claim in court, in this case, looks like compensation for moral harm. You have the right to determine its size yourself, however, the court will subsequently decide its legality, and may adjust the amount.

Appeal to the prosecutor's office

If there is no response to the problem from the regulatory authorities: the police, the district police, Rospotrebnadzor, you can file an appeal with the prosecutor's office.

The application is drawn up in a free style, the main thing is to attach all available evidence about the noise, and also about appeals to the authorities, for example, the second copy of the application, or the time and date of the call for an internal check.

The appeal can be transferred to the reception personally, then you should mark the acceptance on your copy. Or sent by mail, with notification.

If your dog is barking and there are complaints about it

Pet owners know that our little brothers are no different from children.They make noise, express stormy joy by barking, they are not averse to frolic. But the owner must understand that it is not enough just to love a pet. The dog needs constant education and regular long walks, on which he can spend excess energy. If the animal constantly barks at any time of the day, and after the owner leaves the apartment, a heartbreaking howl is heard, the residents of the house have the right to be indignant.

Neighbors can apply to the court, referring to Art. 304 of the Civil Code of the Russian Federation "Protection of the rights of the owner from violations not related to deprivation of possession." Of course, it is not often possible to achieve a positive decision in such cases. However, long proceedings and hassle for the owners of a loudly barking pet are provided.

If it is proved that the animal is behaving inappropriately due to the fact that it does not receive proper care, it can be removed from the negligent owner.

What to do if the neighbors are noisy

Solve the problem "in a neighborly way"

First, it is better to try to resolve the issue amicably. Ask noisy neighbors to comply with legal requirements. As practice shows, the effectiveness of such requests is extremely low, but before moving on to more drastic measures, you still should not neglect this.

Calling the police

If it was not possible to solve the problem peacefully, then in case of strong noise from the neighbors, contact the police. The arriving outfit must fix the violations, and stop the violations of silence. It should be ensured that a written protocol is drawn up.

You can also contact the district police officer directly. For repeated violations, noisy neighbors can be fined. It is worth saying that the police are sometimes extremely reluctant to deal with such cases. The collective complaint of disgruntled neighbors will become more effective.

If possible, you should fix the violation on audio or video media in order to support your claims with physical evidence. Then the violator will not be able to deny the very fact of the production of noisy actions by him.

If the noise comes from an entertainment establishment on the street (cafe, bar), contacting the police is also legal. In the event of imposition of penalties, a legal entity pays significantly larger amounts of monetary fines. If the institution systematically violates the norms of silence, then a special check can be initiated. The institution may even be closed if it is closer than 100 meters from a residential building.

Also, citizens have the right to demand from the management company or the HOA to take measures against malicious violators of the silence regime. A tenant can rightly expect their management company to enforce all regulations. In the future, these recorded appeals can help in a possible trial. The noise level can be measured during a special examination performed by the inspector of Rospotrebnadzor. The money spent on the examination can be sued from the violator if the court takes your side.

Going to court

If the previous measures did not bring the neighbors to their senses, there is nothing left but to go to court. In this case, copies of all statements to the police, the management company, the results of noise examinations, if they were carried out, will come in handy

Of great importance are physical evidence - audio and video recordings, and the testimony of other neighbors. It is important to demonstrate an impressive evidence base, not limited to oral statements alone

You will need to provide:

• copies of all applications;
• the results of the examination for measuring the noise level;
• witness's testimonies;
• audio and video recordings with time stamping.

If the lawsuit is won, the court imposes a fine on the violator. The plaintiff also has the right to demand compensation for non-pecuniary damage or damage to health. The latter must be confirmed by certificates from medical institutions. In some cases, the court can even evict the violator from the occupied housing.

Remember - you do not have to put up with the violation of your own rights.It is better to solve mutual problems without unnecessary conflicts, but do not be afraid to defend your own right to live in peace. If necessary, contact the court and regulatory authorities.

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What to do if neighbors complain about noise

However, even complete observance of the norms of silence does not guarantee the absence of attacks from neighbors.

No. p / p	Main reasons	Comments
1	Features of the life situation of neighbors	Residents of neighboring apartments are people too. They can have various diseases, small children. Therefore, even a slight deviation from the established norms can complicate their lives.
2	Inadequacy of neighbors	Also, they may well unreasonably slander you. The cause can be both mental illness and personal hostile relationships.
3	Violation of the soundproof layer	This fact has to be proven. Although the result of the examination will determine exactly how well the soundproofing layer is installed, neighbors are required to let the expert in only by court order. Therefore, you may have to go to court.

noise that is not

In some cases, a situation arises. When complaints to the police and Rospotrebnadzor are received about noise that does not exist. You are at work, there are no pets in the apartment, but a neighbor knocks on the door and demands to turn off the music.

This may be justified by the inadequacy of the citizen. Sometimes noise really is the cause. It's just that it comes from another apartment, and the complainant incorrectly identified the source of the sounds.

Example. In the evening, a district police officer came to Natalya. He explained that the downstairs neighbor was complaining about the noise, trampling and loud music from her apartment. Natalya replied that she lived alone and had just returned home. She does not give the keys to the apartment to anyone. Therefore, noise cannot be heard from her housing at this time. Subsequently, complaints were received repeatedly. Natalya was visited by a police squad and a district police officer. However, the violation was not confirmed. Poem was not fined.

If a district police officer came to you with a complaint about noise, then it is necessary to explain that you were absent from the apartment during this period. You can provide information from the place of work that you were at the workplace. And also provide information and testimonies of witnesses that the child was in kindergarten or with his grandmother.

Even if the complaints are repeated, it is enough to settle the issue with the district police officer once. You do not need to resubmit the information.

Important! When communicating with government officials, you must remain calm. A polite and correct attitude will help you quickly find a compromise.

No need to worry that the police will bring you to justice only on the basis of a neighbor's statement. Any complaint must be proven.

If the accusations are unfounded, then the fine will not be issued. It is possible that for the first time you really have to prove your innocence yourself. To do this, you need to attract other neighbors, provide information about the absence in the apartment during the specified period.

baby noise

One of the most annoying sounds is baby crying. Therefore, it is not surprising that the noise of children becomes a popular complaint of neighbors.

The law includes the crying of a child in the list of sounds that are not considered prohibited. The baby can cry both during the day and at night. It is difficult for a newborn to explain that he interferes with his neighbors.

Therefore, in such a situation, the police squad cannot draw up a report and hold the parents accountable for the noise.

The summoned outfit can clarify the reasons for crying:

• child's illness;
• infancy;
• injury;
• features of the character of the child;
• absence of adults.

Also, information about family troubles must be transferred to the guardianship department. Therefore, the consequence of calling the police to children's noise will be a visit to the apartments by specialists from the guardianship department.

In the absence of violations, the specialists of the authorized bodies will simply conduct an inspection. As a result, you will receive an inspection certificate.

Putting a family under control is possible only if there are good reasons (the child is often left alone, a violation of children's rights has been identified). Therefore, in the absence of grounds, the visit will take place for the family without consequences.

Thus, it is advisable not to bring the situation to a conflict. If possible, you need to convince the child not to make noise at night.

not allowed to repair

Carrying out repairs is not always possible without significant noise (use of a drill and perforator, floor scraping). Regional legislation regulates the time when noisy repairs can be carried out.

As a rule, it is possible to carry out noisy work in the house during the daytime on weekdays. Even when carrying out work at a set time, it is advisable to agree in advance with neighbors. For example, posting an ad in an elevator.

If there are small children at the entrance, then you can find out from the parents the period of daytime sleep.

These actions are not mandatory if the work is carried out within the specified period. But they will help to avoid conflict with neighbors.

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For about a month it was more or less quiet, then May 9 came - a holiday, a reason to get drunk in the apartment. A crowd of people gathered there and what they did not do until morning. Choral singing, all the ladies in high heels, dancing, squeals, fights, constantly falling chairs. I had an exam the next day, so I struggled to get some sleep. And her husband called the police. They did not drive for a long time until he called and said that he would write a complaint about inaction if they did not come. We arrived at almost 6 am, the party was still going on. We went to them, “had a preventive conversation,” I don’t know what number. They said that there is a whole apartment of people, someone is already half asleep, someone else continues to thump. They scared them that if there was another call during the day, they would be taken to the department. But the same as always, like water off the geese, they continued to make noise, neigh, rattle. I began to think what else could be done, my husband turned to a lawyer, he promised to look at the practice and say what could be done. I began to seriously think that I should still try to hit the tax office, but what if, really, they will press him with taxes and it will be unprofitable for him to have problem tenants. Yesterday the phone rang, they invited me to the stronghold to give explanations about my statement against the neighbors. I came, it turned out that this was the second statement from me, according to the first one, they had already had a conversation, called the tenant to their place. And the second I wrote through the Angry Citizen website. I didn’t get an answer there, so a couple of days ago, I clicked on the Complain about inaction button and the complaint went to the prosecutor’s office. There was a woman at the stronghold who, in front of me, called our HOA and asked if they had talked to the owner and what he had to say about it. Then she told me that they could not do anything, if earlier they could draw up a protocol and issue fines, now they have been removed from them. I asked who can now issue a fine - I said no one. That everyone is sent to the Administration, but they are sent back to them, although they can only conduct conversations. She said she could only try to scare them. Then she began to call the owner of the apartment, my husband and I almost died of laughter. Before that, everyone (we and the police and the HOA) spoke with him very nicely and cultured. And she began to yell at him! “When will you solve the problem with your tenants! We have 5 people sitting here writing applications for them! You think we have nothing more to do than take care of your apartment. Your Chvanova (the speaking name of the girl who lives there) has already got us. Why do we have to deal with your Chvanova endlessly! Do you want to be called to the administrative commission with your apartment? You wait, now I will send all the documents and it won’t seem enough to you. ” And further in the same spirit.He apparently did not expect such a conversation, she yelled at him for a long time, in the end he said that the tenants live there until May 20 and he is not going to rent it out anymore, he is selling the apartment. I don’t know if this is true or not, now we are waiting for 20 with bated breath. True, then anyway, someone will call in and the problem with the floors will not go anywhere. It will be necessary either to completely redo these floors, or to sell the apartment. I strongly doubt that the new tenants will agree to remove the entire floor, so most likely the second option will await us sooner or later.

Now I will mentally ask that normal people still buy the apartment. Perhaps we can agree with them on the alteration of the floors, we are ready to participate financially in order not to live in such a hell as it is now.