Sounds for neighbors

When is the law violated?

First of all, it is necessary to figure out whether the noise exceeds the established norms regulated in the law.

Most measures of influence can be applied only if noisy neighbors do not just interfere with residents, but when this fact is documented, proven and contrary to legislation.

In our country, there is a clearly defined time interval during which it is impossible to make noise. This time is from 23:00 to 07:00.

There are also certain exceptions. If noise is produced during the provision of emergency assistance by employees of specialized services, the consequences of an accident or natural disasters are being eliminated.

Also added to this list are mass events held with the permission of local authorities (these can be festivities and fireworks in honor of major holidays) and various religious rites, that is, you cannot complain about the ringing of church bells at 6 in the morning.

Another important aspect is the noise level. The law defines its maximum value for daytime and nighttime.

Usually, in order to measure it and these measurements have legal force, a special independent examination is needed.

There are many ways to deal with noisy neighbors. It is worth considering each of them in more detail.

Written request

In some cases, neighbors do not make contact, do not open the door and simply ignore the rest of the residents. Then you can write a letter that will describe in detail all the claims against the owners of the apartment.

It is worth formulating your thoughts as tactfully as possible so as not to cause a negative attitude and not aggravate the situation even more than it is at the moment. It is very good if the letter is collective, from people living in several apartments, who are also disturbed by excessive noise.

Also, writing a letter can be a way out of the situation if it is known for certain about the aggressiveness of the noisy neighbors.

In such cases, anonymity will help save nerves and avoid unpleasant proceedings.

Call the police

In many cases, neither verbal nor written warnings help, and the neighbors continue to make noise at night, as they did before. You will have to resort to other measures.

The first thing to do is call the police. No need to immediately run to a noisy company and announce to them that the police will soon arrive. Otherwise, upon arrival, law enforcement officers will not find any violations.

Arriving at a call at a specific address for the first time, police officers can only conduct an educational conversation.

For some, this is enough to change their behavior, correct themselves and not disturb the rest of the residents in the future.

If this did not have any effect, then it is necessary to call the police squad again. A repeated offense is a reason for an administrative fine.

Its amount for individuals is not very large, but still this fact can affect violators and make them think whether it is worth disturbing the peace of neighbors in the future or whether it will cost too much. And in case of refusal to pay the fine, the neighbor has every chance of being sent to a temporary detention center for 15 days, which is also unlikely to please anyone.

Telephone terrorism

The easiest way to influence the nerves and psyche of other people has been known to everyone since childhood - you just need to call and be silent on the phone. Moreover, calls are best made at two in the morning or at half past five in the morning.

Still do not know how to take revenge on the neighbors from above? A good option is "Autodialer". This is such a special program that is easy to find on the Internet. All that needs to be done is to "score" the offender's phone number (both mobile and landline) there. That's it - then the program will automatically call this number at the most inopportune time of the day.

If you can connect to the neighbors' telephone line, you can regularly call a taxi or order pizza to their address ... Let them explain.

Collective or individual complaint

Better of course collective.
Yes, they will also consider the personal, but the collective is more convincing. It is necessary to convince the authorities that the person violates the rights and freedoms of other residents by its actions.

Therefore, you should attract to your side as many witnesses as possible from among the neighbors. They should be indicated in the application (only the name and number of the apartment can be used).

Noise that violates your rights must to be repeated, to be done systematically
. No one will punish the brawlers for a one-time "wake-up". Be sure to mention in the complaint which of the neighbors is on your side and where you have already applied.

verbal warning

The easiest way is to try to negotiate with the tenants peacefully.

In some cases, it is possible to influence people who make noise at night simply by talking to them and asking them to be quieter. They may not be aware that everything that happens in their house is perfectly audible in neighboring apartments and this interferes with a relaxing holiday.

Some dog owners do not even suspect that in their absence the pet makes a lot of noise. Many car owners are not aware that an alarm goes off every night in their car, which is heard by the entire entrance.

That is why the very first step towards silence is peace talks with neighbors. It is worth trying to negotiate and invite them to take action on this matter.

Appeal to the district

If the neighbors have a habit of regularly making noise at night, then you can write a statement and hand it over to the district police officer. It is best to do this not alone, but collectively, bringing together everyone who is dissatisfied with the current situation.

The application is submitted in two ways - in person, by making an appointment, or by mail.

If the second option is chosen, then it is necessary to correctly compose it.

1. The address, surname, name and patronymic of the district police officer are indicated in the upper right corner. This information can be obtained by calling "02".
2. Below you must indicate from whom this application is from (with full address and contact phone number).
3. Further, in the middle of the sheet, the word "Statement" is written. Starting with the next line, the essence of the problem that has arisen is described.
4. In conclusion, it is necessary to indicate what the residents expect from the representative of the authorities. Most often, the standard phrase “Please take action” is used.

In order to be able to trace how and what measures were taken to resolve this situation, there must be documentary evidence that the application was accepted.

When personally transferring it to the district police officer, he must issue a document that reflects the fact of registration of the appeal. By mail, the application must be sent exclusively by registered mail with notification. The return of the notification will be confirmation that the application has been accepted.

Physics lessons can be useful

A rather exotic way to punish upstairs neighbors for noise and loud music. And it is based on the knowledge gained in the lesson of physics. Its essence is this:

• take a metal pan with a capacity of about 10-12 liters and fill it with water;
• pour enough water so that a gap of one and a half to two centimeters from the edge is empty;
• place the pan on a cabinet or stepladder so that the edges are firmly pressed against the ceiling;
• take the headphones and use adhesive tape to fix them on the walls of the container;
• turn on the music (preferably rock) at full power, and calmly go about your business.

Believe me, the strongest hum and vibration will not let them live in peace. The roar in their apartment will be such that it will be possible to make out both the melody and the words, while you have silence. It is best to do this procedure in the middle of the night, when the brawlers finally fall asleep.

For law abiding citizens

If your neighbors regularly make loud noises and do not respond in any way to requests to stop the disgrace, first of all you need to try to resolve the issue in the legal field.By law, it is forbidden to make noise between 22.00 and 06.00. If your neighbors love to have noisy parties that end well after midnight, call the police. In addition, be sure to take the application to the district police officer in the morning. Repeat these steps until the ugliness stops.

Sometimes, however, representatives of law and order may not come to the call. If this is the case, you have every right to file a complaint about the inaction of law enforcement officers themselves with the prosecutor's office. It is not difficult to prove the fact of the call - all calls to the police are recorded on tape, and the prosecutor's office has the authority to claim it. Believe me, after such an appeal, they will come to you and your neighbors even when they were not invited.

Another option

In the event that the first appeal to the district police officer remained without movement, then you can try to write a statement again. In this case, describe in more detail the violation of legislative norms. You can also contact this or the city administration. This is especially effective if a disobedient citizen occupies public housing. A sample of how to write a complaint about neighbors who break the silence can be obtained from the reception or the police department. Although it is better to write it yourself, just describing the situation in more detail. The document should look like this:

“To the district commissioner __________________

Department of Internal Affairs of the city or district __________________________

the address_________________________________________

from a citizen ______________________________

living ____________________________

contact number __________________________

Statement

I, __________ (full name) am the owner of the apartment, which is located at: _____________________________. There is a young woman next door to me who turns on her music and TV very loudly every day at five o'clock in the morning. She does not respond to my requests not to disturb the peace of the residents.

In accordance with the table of SanPins, the sound level during the day should not exceed 40, and at night 30 dB.

Law No. ________ dated 00.00.00 states that those who violate the silence of other persons may be subject to a warning or a fine in the amount of 1,000 to 2,500 rubles.

In accordance with the foregoing and guided by Law No. ____ of 00.00.00, I ask:

Review this application and take appropriate action.

Date ________

Signature_________"

As can be seen from the above example, it is not difficult to draw up such a statement, you just need to indicate the norms of the law. Therefore, persons who believe that their rights have been violated and are thinking about how to write a complaint against a neighbor to the district police officer should only follow the established rules and regulations.

Almost anyone who has ever lived in an apartment building has experienced the problem of noisy neighbors. In almost every entrance there are residents who do not respect the peace of people living next to them.

The sources of noise, however, can be completely different.

The main sources of noise are:

• carrying out repair work using numerous construction tools;
• parties and celebrations with loud conversations and music;
• outdoor games for young children;
• restless dogs, (often and loudly barking);
• rearrangement of furniture and other actions of residents.

Extraneous loud sounds are especially annoying at night and in the morning hours on weekends.

Regardless of how the neighbors break the silence, they thereby violate the law that guarantees everyone, without exception, the right to rest.

Faced with such a problem for the first time, many residents are simply lost, not knowing what to do and how to protect their personal space.

Of course, you can try to endure and get into position. After all, it is very difficult, for example, to control the crying of an infant who has a stomachache or teething.

You can always understand the neighbors who decide once a year to celebrate an important event at home. But more often than not, apartment building residents face more obnoxious noisy neighbors.

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

Such cases also happen.

Firstly, relations with one of the neighbors may not work out, and the neighbor will want to annoy you.

Secondly, the neighbors may simply be mistaken, believing that they are making noise in your apartment.

In these cases, evidence must be provided that this is not the case.

For example, evidence that you were not at home when the neighbors were complaining about the noise. It can be tickets to a movie or theater, testimonies of witnesses confirming that you were not at home, but somewhere else.

You can submit an extract from the house book, which lists all those living in the apartment, and evidence of their absence - this will confirm that there was no one in your apartment at all.

Walk yourself through those neighbors who do not complain about you. Let them know that you didn't make noise. Ask them to come to the administrative commission either with you or when the commission calls (ask the commission members to issue a summons to call your neighbor, in this case, write down their passport details and phone numbers with the neighbors in advance).

If the neighbor made a mistake with the noise source, contact him personally and try to convince him that it was not you, that you yourself heard the noise source, but it was higher (lower, from another entrance). Perhaps after talking with you, the neighbor's position will change and he will stop complaining.

Please read the materials on holding you accountable carefully. Look for errors and inconsistencies in the protocol on bringing to administrative responsibility, in the explanations of the applicant, witnesses.

The articles do not constitute legal advice. Any recommendations are the private opinion of the authors and invited experts.

Every citizen can apply to the district inspector if he believes that his rights and interests, provided for by the fundamental law, are being violated by other persons, and especially by neighbors. In this case, only accurate information should be indicated that will help the police officer respond faster to the received document. It is best to write an application in two copies, one of which must be registered at the office of the police department or with the district police officer himself, indicating the date and time of receipt by the latter. This will ensure that the adopted document will not be left without movement.

Civil liability of violators

And another way to deal with violators.

Breaking the peace at night, the neighbors cause you and your family members very serious inconveniences, both moral and psychological, and physical (inability to sleep, loss of strength).

And this means that you have the right to go to court with a claim for compensation for non-pecuniary damage.

You must determine the amount of non-pecuniary damage (the amount of compensation) yourself, and the court decides whether it corresponds to the harm caused or whether it needs to be reduced. Our courts usually charge a minimum amount of compensation, but if claims come from all the neighbors and they are filed for each case of violation of silence, then in the end the total amount can be quite significant.

It is quite possible that such a method will be even more effective than bringing the violator to administrative responsibility, in addition, the recovered money will go into your pocket, and not to the state.

But even in this case, you must first call the police, file a complaint against the neighbors, demand that the police receive explanations from the violators and familiarize themselves with these explanations - to file a lawsuit, you will need passport data and the place of registration of the violator-defendant.

I advise you to file a claim for compensation with the support of neighbors-witnesses, or immediately draw up a class action.

Problems with prosecuting noisy neighbors in Moscow

Unfortunately, in Moscow today it is almost impossible to bring noisy neighbors to justice despite the current laws of Moscow: “on silence” (Law of the City of Moscow dated July 12, 2002 N 42 “On maintaining the peace of citizens and silence in the city of Moscow”) and on administrative responsibility (Article 3.13 of the Law of the City of Moscow dated November 21, 2007 N 45 "Code of the City of Moscow on Administrative Offenses").

The fact is that in the Code of the City of Moscow on Administrative Offenses, only the police are vested with the right to draw up protocols on administrative violations in relation to violators of silence. And the police body is the federal executive body and executes federal legislation, in connection with which the police refuse to comply with the law of a non-federal level - the law of the city of Moscow, and do not draw up protocols on administrative offenses.

By the way, in the previous law on the militia, the “local militia” was specially singled out: these are district police and patrol service, so there was no such problem before.

The situation is similar in St. Petersburg, where by the decision of the St. Petersburg City Court of May 14, 2013, the clause of the Law of St. Petersburg on Administrative Offenses, which gives the police the right to draw up protocols on administrative offenses for violating the silence of citizens, was declared invalid (the decision was upheld by the Supreme Court of the Russian Federation , see: Definition of 08/14/2013 No. 78-APG13-15).

Let's return to Moscow. We have already found out that there is no one here to draw up a protocol on an administrative offense. And without it, it is impossible to bring the violator to administrative responsibility.

I note that in the Moscow region the situation is better - protocols, unlike in Moscow, can be drawn up by the administrative commission itself, so it is possible to prosecute a troublemaker in the Moscow region.

In one of the prefectures of Moscow, I was told that back in 2014, a draft agreement had been prepared between the Ministry of Internal Affairs of Russia and the Government of Moscow on the performance by the police of their functions of drawing up administrative protocols in case of violations of local legislation. But so far this agreement has not been signed by the leadership of the Ministry of Internal Affairs of Russia and the government of Moscow.

It turns out that both the police authorities and the Moscow government are still telling us: "Do what you want with your neighbors, these are your problems."

However, I recommend calling the police every time the neighbors break the silence. Nobody canceled the psychological impact. The police will definitely come, even if only for an explanatory conversation. In the vast majority of cases, people in uniform have a calming effect on violators. And not all citizens are aware of the problems with prosecution and are afraid of fines.

Is it worth declaring war

Before resorting to decisive action and finding a practical answer to the question of how to annoy the neighbors from above for noise and din, it would be best to try to resolve the conflict peacefully. It is likely that your neighbors are adequate people, and a calm conversation with reasoned claims will be more than enough.

1. 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.
2. 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.
3. 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.

Most often, it is the people living above us that annoy us.Usually, upstairs neighbors stomp, jump, move furniture, walk on laminate flooring in heels, or regularly flood. Any object that falls with a roar above causes strong sound discomfort among those living below.

Required Items

In the event that a citizen decides to draw up an application for neighbors who break the silence on their own, it is necessary to competently and clearly, without unnecessary emotions, describe all the circumstances that forced him to make such a decision. It should be addressed to the district police officer himself or to the head of the unit, who will send him the document after consideration.

The application must indicate:

• The full name and position of the person to whom it is addressed can simply be written to the police department;
• data of the applied citizen, his address;
• points of law that a person considers violated, or simply describe the situation;
• State your requirements in as much detail and without unnecessary words and ask for a response after consideration.

Rules of conduct for the people's avengers

Of course, these are far from all ways to take revenge on neighbors from above for noise and regular leaks. However, when looking for new ways to "annoy" your neighbors, do not forget about some rules:

• Don't get caught. If you do not need an open war with the offender, try not to be seen by anyone.
• Do not start immediately with radical methods - perhaps a small hint will be enough.
• Do not forget to explain your actions with at least a note - probably the person does not even realize that his actions are around him.
• Do not get personal, do not use foul language.
• Never create a situation in which people or animals can suffer - this is already a serious crime.

No matter how much you want to personally punish the offender, it is still best to act within the law and involve law enforcement agencies. And, of course, do not forget that a good half of conflicts can be resolved through negotiations. Remember your favorite saying of the cat Leopold and live together.

Many people are convinced that silence is the fate of the night
. And in the daytime, you can behave as you like and turn on any kind of music, as long as you like it yourself, and the neighbors will somehow endure
. Others, in response, turn on something even more frightening for their part, and the house turns into a kind of hell. But the rivals are confident that whoever outshouts someone is right. It's a delusion.

Also, the Housing (Part 4, Article 17) and Civil (Article 293) Codes prohibit violating the legitimate interests of others living in an apartment building - namely noise is such a disturbance.

Article 17 Use of residential premises

1. The dwelling is intended for habitation of citizens.
2. It is allowed to use a dwelling for the implementation of professional activities or individual entrepreneurial activities by citizens legally residing in it, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the dwelling must meet.
3. Placement in residential premises of industrial production is not allowed.
4. The use of residential premises is carried out taking into account the observance of the rights and legitimate interests of citizens living in this residential premises, neighbors, fire safety requirements, sanitary and hygienic, environmental and other requirements of the legislation, as well as in accordance with the rules for the use of residential premises approved by the authorized federal government of the Russian Federation. executive authority.

Article 293

1. If the owner of a dwelling uses it for other purposes, systematically violates the rights and interests of neighbors, or mismanages the dwelling, allowing it to be destroyed, the local government may warn the owner of the need to eliminate the violations, and if they entail the destruction of the premises, also appoint the owner a commensurate period for renovation of the premises.
2. If the owner, after a warning, continues to violate the rights and interests of neighbors or to use the residential premises for other purposes or without good reason does not make the necessary repairs, the court, at the request of the local government, may decide to sell such residential premises at public auction with payment to the owner of the proceeds from the sale less the costs of enforcement of the judgment.

So, the permissible noise level near houses during the day is 55 dBA; at night (by the way, the time period from 11 p.m. to 7 a.m. falls under this definition) - 45 dBA.

In the apartment during the day - 40 dBA, at night - 30 dBA.

A second question arises: how to measure noise
?

• professional noise meter;
• using a home PC;
• using an Android gadget (you need to use an appropriate application, such as Sound Meter; Decibel Meter) or a Windows-based smartphone (such as Decibel Meter Pro).

Sometimes no devices are required - if the neighbors are yelling or suddenly decide to turn on the hammer drill at two in the morning.

In this case, you can immediately call the district police officer, however, there is one “but” here - it will work if the jokers open the door to a representative of the authorities. But they may not open. In this case, demand that the district police officer draw up an appropriate act. You can also read about where to complain about noisy neighbors.

You can complain both orally and in writing (which is preferable) form.