Noisy neighbors what to do
If the neighbors are noisy during the period from 23.00 to 7.00
first, you need to try to talk to loud neighbors
Important: do not go to them with your fists, calm down and "pull yourself together", maintain a calm tone when talking. Do not shout, do not insult, but politely justify your claim
Politeness and calm tone work wonders! Perhaps the new tenants have no idea what is bothering you; if your visit did not change the situation and you were rude, then you should call the police squad and re-go to the troublemakers. Ask the police officer to draw up a report and write you a certificate. The fact that the protocol on the violation of silence by a neighbor at night has been drawn up. This may come in handy later on; second option: if the neighbors do not respond to your claim, you can contact the senior in the house for help to solve this problem; in case the police squad did not help, go to the district police officer with a statement. Do not forget to pick up a special tear-off coupon, which indicates the date, time and incoming application acceptance number - it may also come in handy.
If the district police officer did not help, there are two ways to proceed:
- Complain about the inaction of law enforcement agencies.
- Try to evict the tenant-buyana.
You can complain by writing a statement to the head of the Internal Affairs Directorate or to the prosecutor's office.
To evict a tenant who constantly makes noise, arranges a hangout or booth from an apartment, you need to contact the local government. You need to have a package of collected documents. Copies of protocols, statements where you had to apply, and noise measurement results.
To measure the noise level in decibels, you need to invite a representative of Rospotrebnadzor or a private expert.
Further, local governments will issue a warning to the brawler. If he ignores, then the next step will be a lawsuit from the local government to evict the offending tenant.
Talk to normal tenants so that they testify in court.
Article 293 of the Civil Code of the Russian Federation dated November 30, 1994 No. 51-FZ states:
“If the owner of the apartment, after a warning, continues to violate the rights and interests of neighbors. Or use the premises for other purposes. The court, at the suit of the local self-government body, may decide to sell such a dwelling at a public auction.
With the payment to the owner of the proceeds from the sale of the proceeds, minus the costs of the execution of the court decision ... "
If the tenant is the disturber, then the landlord is liable. Of course, this is red tape and winning such a lawsuit is not an easy task, but there is no other way out.
This is what the upstairs neighbor looks like
We have such laws, friends. No wonder they say:
- “Do not buy a house, but choose a neighbor”;
- "When buying a house, first ask who your neighbors are."
More information in this video on the topic: how to deal with noisy neighbors.
Mirtesen
Legal method of fighting
To apply to a judicial institution, it is necessary to draw up a written claim and include the following points in it:
- The name of the court in which your claim will be considered;
- Full name of the defendant and the plaintiff, addresses of residence and their telephone numbers;
- Explanation of the need to compensate for non-pecuniary damage;
- The amount of moral damage, which includes all the losses incurred;
- The circumstances by which the victim confirms his claims;
- Conclusion of experts regarding exceeding the permissible sound level;
- If possible, a certificate from a physician with data on the damage caused by the noise;
- Receipts for purchased medicines that were prescribed by a doctor;
- An act of offense drawn up by law enforcement officers;
- Written testimonies of eyewitnesses or one letter from all victims with their signatures;
- Photo, video and / or audio content confirming the violation.
Will ZHES help?
Under this abbreviation, housing maintenance services are hidden, whose powers are enough to calm down noisy residents if there is no administrative offense in their actions. For example, when a neighbor’s dog constantly howls at night or loud music plays in the mornings, which interferes with sleep.
However, in practice, everything is not so simple. Employees ZhES may not be allowed into a troubled apartment, so they are advised to seek help from the police. Law enforcement officers, in turn, inform disgruntled residents that for questions of loud music, you need to contact ZhES, because there is no obvious crime, as in the case of a drunken brawl.
The result is a vicious circle: authorized persons shift responsibility, music sounds, and the residents of the entrance continue to suffer from noise.
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.
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 simply made a mistake, 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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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\u200bwill be 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.
Silence law at night
The rules for living in residential premises are established by the law "On the sanitary and epidemiological welfare of the population" (FZ No. 52) in Article 23, which refers to the sanitary rules for residential premises SanPiN 2.1.2.2645-10.
Permissible noise levels are standardized by Appendix 3 of the sanitary rules for living conditions in residential buildings and premises (SanPiN 2.1.2.2645-10).The sound pressure value allowed by SanPiN depends on the frequency (in other words, the "height" of the sound) and the time of day (sanitary rules divide time into daytime (from 7 to 23) and night (from 23 to 7)). The lower the frequency of the noise, the greater the sound pressure level a person can withstand.
The same Appendix also shows the maximum sound levels set within 55 decibels for daytime and 45 for nighttime.
However, it is important to note that sounds made by tenants in the neighborhood, no matter how loud, are not standardized and therefore not measured. The legal basis for this is established in the MUK (guidelines) 4.3.2194-07 for controlling noise levels in housing
So, according to clause 1.19 of the MUK, a sanitary and epidemiological assessment of the noise level is not carried out if it is natural and random and caused by people's behavior (this also includes a violation of public peace).
There is no single law on silence in the Russian Federation. In each region, such a law is issued separately, in addition, provisions on sanctions for its violation are prescribed in the Code of Administrative Offenses of a particular subject of the Russian Federation.
Silence laws state:
- a period of time in which it is impossible to produce sounds exceeding the permissible levels (as a general rule, this is 23 - 7 hours);
- days of the week on which it is not allowed to make noise (these are weekends and holidays approved at the state level);
- liability for non-compliance with established requirements (fine).
The latter is described in more detail in the Code of Administrative Offenses of the region.
Fighting violations of the right to rest is difficult, but possible
To do this, it is important to know that there are certain sanitary standards regarding noise exposure to humans, which must be observed during the operation of residential premises, and for non-compliance with which the guilty person will incur a certain punishment (in this case, a fine)
The difficulty here is to determine the acceptability of noise from the point of view of sanitary rules, since anthropogenic sound impact (that is, caused by a person) is not standardized by SanPiN. Therefore, to fix the fact of violation of the legal rights of residents to silence, it is necessary to involve police officials, as well as other neighbors.
Turning to the letter of the law
To begin with, federal law does not establish specific hours when silence must be observed. This procedure is regulated by normative legal acts, which are established by regional authorities. in Moscow and in most cities of the country it is forbidden to make noise from 23:00 to 07:00. However, this time interval is not a reference. For example, residents of St. Petersburg can enjoy silence from 22:00 to 08:00. You can find out the hours of silence in your area on the website of the local administration.
In addition, when considering a ban on noise at night, one should not forget about Federal Law No. 52-FZ, which stands for the protection of the sanitary and epidemiological well-being of citizens.
It is this bill that establishes the permissible level of noise that a person can endure without harm to health. It looks like this:
- night - 30-45 dB;
- day - 40-55 dB.
For comparison: a working hammer produces a sound equal to 130 decibels, and the noise of a vacuum cleaner is 80 dB.
Important! The law prohibits noise not only in apartment buildings, but also in the surrounding area. Therefore, you can complain about the owners of a nearby cafe, where loud music constantly sounds, the owners of a car that wakes up residents with an alarm, and a company of teenagers making noise on a bench in the yard
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Unusual ways to fight
- If the electricity meters are located on a common area, then when the neighbors start making noise, unscrew the plugs for them and put a note that they will be returned in the morning;
- Make noise when negligent tenants move away from night gatherings;
- In the morning, play music that no one will probably like;
- Install ultrasound software on your smartphone. It is caught by young people up to 25 years old. This technique is suitable for street noise. Leave the device on the windowsill, and you will get rid of the noisy company for a long time.
The situation will not resolve itself, so act. But remember that you do not need to influence your neighbors by copying their lifestyle. As a result, you may end up breaking the law yourself.
What to do
If the inhabitants of neighboring rooms are too loud at a time when it is time to sleep, you should know what to do about it. Firstly, in no case should you use their own methods and try to produce an even louder sound (namely: knocking on the batteries, screaming, turning on your favorite songs at full power). Indeed, in such ways it is possible to achieve by no means the cessation of disturbing sounds, but at least three undesirable outcomes:
- “loud” neighbors will get angry and will act in spite, that is, there will be no need to wait for the end of the noise;
- those same citizens who are disturbing you will come to sort it out;
- other neighbors will come to sort it out, whom you are already interfering with your noise.
Remember that both can simply report you to the appropriate law enforcement agencies. Then the guilty party, not wanting it at all, will be you. What to do in such a situation?
Note to neighbors who constantly make noise at night
In order for the message asking you not to make noise to be taken seriously, but without aggression, you should take a responsible approach to compiling a note to disturbing tenants. So, here's what you need to include in your message:
- why you are concerned about this problem (for example, neighbors produce excessively loud sounds at the time when your child goes to bed);
- describe the sound that disturbs you: its source, duration and intensity (if appropriate measurements were made, indicate the results of the measurements);
- refer to a specific paragraph of the legislative norm;
- suggest how you can get out of this situation (stop making noise during the specified period of time);
- indicate what your next steps will be if the addressee does not respond to your proposal.
In no case should you threaten violence in the last paragraph, even using legal means (for example, contacting law enforcement agencies). This can only complicate life under the same roof of an apartment building. When compiling such a letter, it is highly desirable to emphasize in every possible way the desire to resolve the current situation in a peaceful way.
Calling the police
If the citizens occupying neighboring apartments do not want to heed your requests to stop the noise, you can call the police. At your call, a police squad should arrive and establish whether there is an offense in this situation.
To call the guards, you need to dial "02" (if you have a landline phone). If you want to call the police from your mobile, then you need to dial "112", and then tell the operator exactly where you need to call. When the call is transferred to the police department, you need to say the address, the reason for the call and your contact details.
Usually, "violent" citizens need only one or two such calls to reconsider their views on pastime. However, in some cases, when the neighbors still do not stop making noise, only a lawsuit will help. If the police did not respond properly to your appeal, you can report this fact to the prosecutor's office.
Situations in which we allow noise from neighbors at night
If the neighbors are noisy at night, then you should once again listen and try to understand what is happening with them.
Do not forget that in some cases there is no liability for loud sounds:
- crime prevention;
- work to eliminate damage that threatens the safety of residents;
- religious activities.
This list is worth remembering, because.it helps to quickly determine whether the neighbors' accusations are allowed, or if you just need to wait for the onset of silence.
Watch the video: “How to get revenge on noisy neighbors. Neighbors buzzed all night. Instant karma to neighbors.
Noise can be a problem, but not for a person who knows the laws and their rights well. The main thing is not to be inactive, but to complain about the neighbors to the competent authorities and defend civil interests.
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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.
Sequencing
Consider what steps you need to take to get rid of the discomfort caused by unscrupulous tenants of an apartment building:
- Try to talk peacefully with your neighbors so as not to make yourself ill-wishers. No need to intimidate them or solve the issue with your fists;
- If there is no reaction, then talk again, but state that otherwise you will warn the police about what happened;
- If it doesn’t help, contact the district police officer, whose duties include resolving such contradictions;
- When calling the police, introduce yourself, name the place of residence and tell about the situation;
- If law enforcement officers for one reason or another have not resolved the conflict, complain to their leadership. If it doesn't help, go to the prosecutor's office;
- If loud noises do not subside, and the cops are inactive, then you can also go to court. Make a general complaint in advance with other citizens suffering from a noisy neighbor;
- You can also report what happened by sending a letter to the mayor's office and the media. So you increase the chance of a positive outcome.
According to the law, people who regularly make noise are brought to administrative responsibility and are punished with a harsh warning, a fine, or eviction.