The neighbors are making renovations very noisily: what should I do?

Living in an apartment building comes with many disadvantages. Residents of high-rise buildings have a lot of troubles: lovingly renovated square meters can be flooded with boiling water due to a pipe break, and an elevator that has fallen into disrepair will provide the elderly with additional physical activity for a long time. But these are emergency situations that the management company can handle, but the answer to the question of what to do if the upstairs neighbors are constantly making noise, interfering with the normal life of other people, is not so easy to find an answer.

Legislation

There is no federal law that regulates this issue, but this does not mean that the actions of noisy neighbors do not fall under other regulations.

The Civil Code of the Russian Federation contains Article 293, the norms of which are aimed at pacifying the owner of a residential premises who uses it for other purposes or systematically violates public order and the peace of other residents.

Decree of the Government of the Russian Federation dated January 21, 2006 No. 25 “On approval of the Rules for the use of residential premises” is also directly related to the issue of compliance with normal noise conditions. Paragraph 6 of this normative act provides that citizens must use their residential premises, respecting the rights and legitimate interests of other persons living in the residential premises, as well as neighbors.

At the level of the constituent entities of the Federation and local governments, their own documents are adopted prohibiting actions that disturb public peace.

The time of day when loud noise is prohibited, as a rule, complies with SanPiN standards and is set from 23.00 to 07.00. This period may be extended until 10.00 on weekends and holidays.

In addition, the noise level in residential premises must comply with sanitary and epidemiological requirements, therefore the administrative legislation of the Russian Federation provides for liability for offenses (Articles 6.3, 6.4 of the Code of Administrative Offenses of the Russian Federation, Article 23 of the Law of March 30, 1999 N 52-FZ).

Noise Level Standards

The first step is to figure out what exactly is considered noise. All people are different, and reactions to the same sounds can differ radically.

SanPiN 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises” sets restrictions on the level of penetrating noise in apartments.

They are:

55 dBA from 7.00 to 23.00,
45 dBA from 23.00 to 7.00.

Those who violate these indicators can be held accountable under Art. 6.3 of the Code of Administrative Offences.

There are special instruments to measure the loudness of sounds, but no equipment is required to distinguish a normal noise level from one that irritates the ear and disrupts normal functioning.

Response Methods

Expecting absolute silence around you when living in an apartment building is, to say the least, naive. Much depends on the type and age of the house: in a brick “Stalin” building, audibility is much less than in a panel “Khrushchev” building. However, the ways to deal with noisy neighbors using legal methods are the same regardless of the region and the level of comfort of the building.

During the day

During the daytime, not all apartments are empty. Pensioners, mothers with small children, and schoolchildren spend a lot of time at home. Many work remotely or as freelancers, while some residents work in shifts and need silence to relax after a day spent on duty. This means that during the day in residential premises a comfortable noise level must be maintained - no higher than 55 decibels.

Noise during the daytime is subject to “sanitary legislation”. To prove that the residents above are making excessively loud noises, it is necessary to take special measurements and draw conclusions based on them. It is unlikely that anyone will call a special service and pay for its services. The first thing to do if your upstairs neighbors are constantly stomping, screaming and slamming doors is to try to calmly explain to them that by their actions they are preventing those around them from resting or working. At the same time, it is important to refrain from overly emotional statements; it is enough to make it clear that the other residents of the house do not intend to tolerate this state of affairs.

After 11 pm

If daytime norms are still in effect in the evening, then after 11 pm the night norms come into force: the volume of sounds should be reduced to 45 decibels. As a rule, at this time most residents are already sleeping or getting ready for bed. However, it is very difficult to rest peacefully if the neighbors make noise after 11 pm, which is strictly prohibited.

Such behavior can be regarded as an encroachment on the peace and quiet of citizens at night. This is already a real reason to call the police. Of course, first you should contact your neighbors directly; perhaps they have simply lost track of time and will respond adequately to the remark. Otherwise, more serious measures will have to be taken.

Constantly

From time to time, something happens in any apartment that disturbs the peace of the people living next door. Replacing pipes and radiators, installing new windows, and other repair work are accompanied by loud and unpleasant sounds. As a rule, this does not take much time, a few hours at most. It is much worse if there is a constant rumble, the buzz of a drill and the sound of a hammer coming from above. Most likely, the neighbors have started a full-scale transformation of the apartment, which can last a whole year. The only thing that can be achieved in this case is strict compliance with local legislation. Most often, it prohibits noisy work on weekends and holidays and, naturally, at night.

Any repair will end sooner or later, but it’s unclear what to do with noisy neighbors who sort things out in a raised voice or shout at a child around the clock. Loud music lovers who are ready to enjoy fashion hits without stopping are also common among residents of high-rise buildings. Dogs that do not tolerate loneliness can also disturb the peace of neighbors: in the absence of their owners, they howl loudly or whine.

Drunk

The least fortunate are those who live next door to those who like to spend time in the company of strong drinks. As a rule, libations are accompanied by loud conversations, songs, and later by mutual insults and fights. Few people can tolerate such a neighborhood, so the patrol service visits the addresses of “bad” apartments regularly.

Such lovers of a cheerful life are the most difficult to calm down: according to the law, they can be warned or a report on an administrative offense can be drawn up. There are no other legal ways to punish upstairs neighbors for making noise while intoxicated.

Letter to neighbors who make noise

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

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

Where does the noise come from?

The main sources of noise include:

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

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

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

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 the situation. After all, it is very difficult, for example, to control the crying of an infant who has a stomach ache or is teething.

You can always understand neighbors who decide to celebrate an important event at home once a year. But, much more often, residents of apartment buildings are faced with more unpleasant noisy neighbors.

Verbal warning

The easiest way is to try to negotiate with the residents 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 even suspect that everything that happens in their home can be clearly heard in neighboring apartments and this interferes with a relaxing holiday.

Some dog owners have no idea that their pet makes a lot of noise in their absence. Many car owners are not aware that their car alarm goes off every night and is heard by the entire entrance.

That is why the very first step on the path to silence is peaceful negotiations with neighbors. It is worth trying to come to an agreement and inviting them to take action on this matter.

Written request

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

It is worth formulating your thoughts as tactfully as possible so as not to cause a negative attitude and not to aggravate the situation even more than it already is. 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 noisy neighbors.

If you write a note detailing the nuisance and leave it at the door or in the mailbox without giving specific names or addresses, the offender will be notified that his actions, especially at night, are disturbing others, but will not know who I just decided to point this out to him.

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 neighbors continue to make noise at night, as they did before. We will have to resort to other measures.

The first step is to call the police. There is no need to immediately run to a noisy group and announce to them that the police will arrive soon. Otherwise, upon arrival, law enforcement officers will not find any violations.

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

For some, this is enough to change their behavior, improve and not disturb the peace of the residents in the future.

If this does not have any effect, then the police must be called again. Repeated offense is grounds for an administrative fine.

Its amount for individuals is not very large, but still this fact can influence violators and make them think about whether it is worth disturbing the peace of their neighbors in the future or whether it will cost too much. And if you refuse to pay the fine, your neighbor has every chance of going to a temporary detention center for 15 days, which is also unlikely to make anyone happy.

It is imperative that whenever law enforcement officers are called, they must draw up a statement that they must accept. It is necessary to save all copies of such statements - they will later be useful if you have to file a claim in court.

You can also keep a copy of the letter that was drawn up earlier, especially if it contains the signatures of other residents of the entrance.

Litigation

The last resort to deal with neighbors who are constantly making noise at night is to file a claim in civil court. Few people are ready to take such a serious step and continue to call and write statements to the police.

But, if residents do not independently show initiative in the fight for their own peace of mind, then this problem may remain unresolved.

It is worth understanding that excessive noise that interferes with sleep at night not only seriously affects your nerves, but can also lead to health problems. Indeed, often the mere fact of a summons to court may be enough for a restless neighbor to stop disturbing the peace of the residents.

In order for action to be taken on the claim, it will be necessary to prove that the neighbor is really constantly making noise and does not respond to any requests or exhortations. For this purpose, prudently saved copies of letters and statements will come in handy. Recording sounds made using an ordinary voice recorder is also suitable.

The testimony of neighbors will also have considerable weight. If repeated disturbance of peace led to the need to seek qualified help from doctors, then any documents confirming this should also be attached to the claim.

Often, continuous repairs by neighbors can lead to cracks in the walls of neighboring apartments and plaster crumbling due to prolonged strong vibrations. These negative consequences also need to be recorded and presented as evidence.

The court will consider the claim, and if all the evidence presented is considered sufficient, then the necessary measures will be taken to pacify the restless residents.

What they will be will be decided by the court. This could be another fine, compensation for moral and material damage to all neighbors affected by noise, and sometimes it even comes to eviction.

Some people are so peaceful that they do not want to get involved in any proceedings.

We can only advise them on one thing: improve sound insulation in their own apartment.

This move will slightly reduce the area of the premises, but you will no longer have to worry about noise.

Source: https://bytrf.ru/sosedi/pismo-sosedyam-kotorye-shumyat.html

Negotiation

The very first step, dictated by common sense and the norms of human communication, is to address directly those who are breaking the silence. This approach does not always give positive results, but if the residents have recently moved into the house, they may simply not know that it has very poor sound insulation. Neighborhood negotiations will also help if it is possible to agree on maintaining silence at certain hours, for example, when a child is sleeping.

If you cannot find the residents of the house, you can contact them in writing. The text of the appeal must be correct and friendly, without threats or rudeness. It is enough to write: “Dear neighbors, we kindly request you to remain quiet at night, your stomping and loud conversations interfere with sleep.”

You should not fall for advice to use various electronic devices based on infra- and ultrasound like “Mizgoprav” to teach a lesson to restless lovers of loud music or drunken scandals. No matter how tired of noisy neighbors upstairs, methods of fighting according to the law should be a priority.

Application to the district police officer regarding noisy neighbors - sample, form and rules for drawing up

In addition, it is best to call the police at the very moment of what is happening, when the neighbors are having regular feasts and listening to music loudly, swearing obscene words that can be heard through the wall. In this case, the servants of the law will draw up a report on violators and issue a fine, but may limit themselves to only a warning. As a rule, after such incidents, citizens begin to behave more quietly because they are afraid of responsibility.

In most cases, excess noise from neighbors causes only two reactions - inaction and dissatisfaction. Because no one really wants to call the department and call the police, and therefore many decide to cover their ears with a pillow, which is ineffective. Therefore, the best option in this case would be a direct conversation with neighbors, who do not even always suspect that they may be disturbing or causing inconvenience to someone. At the same time, you need to explain to them that they violate not only the peace of other people, but also the law. And it is possible that after such a conversation, you will not have to submit a statement to the district police officer about noisy neighbors, the form of which can be either oral or written (see below).

We recommend reading: Civil Code of the Russian Federation Article 45

If it was not possible to reach an agreement

If the negotiations have not led to anything, and it is not possible to deal with the troublemakers on your own, since they simply ignore all requests, it is time to inform those who are legally obliged to ensure that the rights of citizens are respected, including a good night’s rest.

Which authorities should I contact?

If you complain about noise upstairs, loud music, shouts and other sounds that keep the entire entrance from sleeping, you should first of all go to the police. The squad is obliged to come and take explanations from the violators, and then transfer the material to the administrative commission: it is the commission that is entrusted with the authority to impose punishment for such offenses.

Where to call

You can call the police officers who will calm down the rowdies by calling 102 or 112, if you do this from a mobile phone. Such calls are received by the city duty station, from which data about the incident is transmitted to the district unit. You can shorten this chain and immediately dial the number of the district department on duty. The outfit should arrive no later than 10 minutes.

Sample application to a district police officer

Calling the police is an emergency measure, but there is no point in resorting to it regularly. To constantly monitor compliance with the law, there is a service of local commissioners. Their functions include analyzing various situations in which the rights of citizens are violated.

You should notify the district police officer about the appearance of noisy neighbors in the house who do not respond to requests from other residents by writing a personal or collective statement. The police officer is obliged to conduct a conversation with problem residents, explain what laws they violate, and warn about liability.

You can write the application in your own words or use the example provided.

If the collective complaint and the subsequent actions of the local police officer did not help to find justice for the restless neighbors, all that remains is to seek protection in the courts.

Application to court

To accept a claim for consideration, a lot of conditions must be met, from the correct determination of the jurisdiction of the case to the presentation and substantiation of claims. In most cases, you cannot do without the help of a professional; he is the one who will help you write a statement correctly from a legal point of view and send it to the necessary judicial department.

The claim must include the following information:

name of the court,
details of the plaintiff, address of his place of residence,
Full name and residential address of the defendant,
circumstances that forced the plaintiff to file a claim in court,
evidence of the described circumstances,
claim price,
data on attempts to resolve the dispute before filing an application to court,
plaintiff's claim
list of attached documents,
date and personal signature of the plaintiff.

Residents who are tired of noisy neighbors can present their position in court hearings on their own, but the support of an experienced lawyer will help them quickly find a way out of this situation.

How to prove

When considering a claim, the court proceeds from the evidence presented by the parties. In order to call to account residents from above who do not want to comply with noise standards, you will have to thoroughly prepare. Cases of excessively loud behavior by neighbors must be recorded on video or audio media, with the support of witnesses who are ready to confirm when and under what conditions the recordings were made.

Surely several apartments at the entrance suffer from restless music lovers and scandals. Collecting signatures will help convince the court of the scale of the problem and push it to make an appropriate decision.

Based on the results of consideration of the claim and the case materials, the judge most often makes a ruling on the imposition of a fine and the need to pay the injured party the costs of treatment and moral damage. Eviction from an apartment as a punishment for constant noise is also practiced, but extremely rarely. In Russia, isolated cases have been recorded where negligent tenants were forced by a court decision to move out of their residential premises to another place.

Letter to neighbors about noise

Hello, in this article we will try to answer the question “Letter to neighbors about noise.” You can also consult with lawyers online for free directly on the website.

After this, you can move on to the problem: “Martha is a very good dog and is very attached to you. This is the reason I'm here: You may not know it, but when you're not home, Martha howls and barks nonstop. I think she's worried about being left alone.

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

How to write an application + samples 2020

Thus, you should understand that by doing this you are violating our rights to peace and rest, and in addition, potentially causing us significant damage in the form of reducing the value of our apartment. Due to this, I have the right not to ask, but to demand and seek from you to bring the design of your housing in accordance with the standards.

There they will order another examination, there will be a tedious examination, but the result will be an order for you to eliminate the violations plus the recovery of all expenses from you, including the examination, legal services, and so on.

Can you tell about a person's temperament by a person's appearance? This will seem surprising to many, but yes, it is possible. In this publication we will talk about how to determine what her temperament is by the shape of the legs of one or another beautiful representative of humanity. This article will be of interest to both men and women.

Secure the bottle to the battery pipe using strips of fabric. Fold the gauze in several layers. Place some of the gauze into the hole on the bottle and wrap the rest around the hot pipe.

The fines for such violations are significant. For example, in Moscow, for non-compliance with the law on the peace of citizens during preparatory, excavation and construction work, legal entities are required to pay 300,000 rubles.

If the troublemakers have a car

I hope the music lover will listen to the voice of reason and my advice, otherwise I will personally write him a noble “lyula”.

Various territorial units of the Russian Federation have their own rules for maintaining silence. Two general points can be observed in them:

ban on noise at night;
established “quiet hour” during the day.

The following cases are violations of the law regarding excessive noise levels by neighbors:

loud sounds of music, screams, sounds from construction work and other annoying loud moments during the period of time when the peace of citizens should be ensured - from 23ºº to 7ºº hours (regional authorities have the right to establish other time frames in their territories);
any sounds exceeding the background noise level set for daytime at 40 decibels, for nighttime at 30 decibels.

Wouldn't it be easier for you to sleep with earplugs for a while until you save up the money for good soundproofing of the ceiling?

Announcements for neighbors who make noise - text samples

The ideal and legal way out of this situation would be to voluntarily bring the design of your floor into compliance with the standards, which would allow us to forget about each other and not worry anymore. Understanding the complexity, inconvenience and cost of this event, we are ready to come to terms with a moderate level of household noise during the daytime, but nothing more.

If your neighbors violate their rights to peace and quiet, you can bring them to administrative or civil liability by contacting the police or court.

Living in an apartment building means inevitably being in close proximity to other people. They are not always calm and balanced.

Added to this is poor sound insulation in apartments and as a result we have to listen to screams, noise, loud music, etc. not only during the daytime, but also at night.

Draw pentagrams, scatter needles and leave notes with all sorts of “conspiracies”. If your neighbors are superstitious, such actions will very quickly lead to success.

How to write a statement to a local police officer about noisy neighbors?

If they don’t correct themselves, there’s no need to make any intrigues; it’s better to just call the police, who will certainly restore order.

We ask you to comply with the Federal Law “On the Sanitary and Epidemiological Welfare of the Population” and the “Law on Silence.” Listen to music so that it does not thunder in neighboring apartments. Since listening to loud music, repair work is allowed from 8 a.m. to 8 p.m. on weekdays.

Do your neighbors work at night? If so, most likely you will not be able to influence their actions at night - they will take a shower, walk around the room, start the car. Of course, if they are being too noisy (eg getting ready for work with loud music playing), you should talk to them.

A sample of how to write a statement against neighbors who disturb the peace and quiet of citizens. Where can I complain about noisy neighbors?

Who are always dragging chairs on the tiles, not even bothering to try to lift them, even after requests. Horror. Young, handsome guys, 26-30 years old. Both work, very well-mannered, I would even say intelligent, but the owls are in active form. So active that you almost want to howl.

Curious stories, oddities from around the world, facts and theories that pleasantly (and not so pleasantly) surprised us. Enjoy watching! Subscribe to the channel, discuss and enjoy.

Or at 11 at night you suddenly need to assemble furniture on tiles in the hallway or cut furniture, all this with a drill or a screwdriver, God knows what. And then suddenly at 2 a.m. you remember that one male representative of your family is a sailor tomorrow He's going swimming, so we'll pack his bag, loudly, with cans clattering on the floor, and this same bag being dragged all over the apartment.

During the heating season, the air in apartments becomes quite dry. Air humidity drops to a critical level of about 20%.

If you don’t stop listening to music loudly at night (especially Leps), then soon the whole house will be listening to “Ramstein”!

contacting neighbors about noise

No one will run to you and tearfully beg you to turn down the volume... We immediately call the police, no one canceled the fines!

So, the permissible noise level near houses during the day is 55 dBA; at night (by the way, this definition includes the period from 23 to 7 am) - 45 dBA.

In order to hold your neighbors accountable, you will need to call the police or write a complaint to the local police officer. Then a protocol will be drawn up regarding the fact that the peace of citizens has been disturbed.

Constant noise, din, night conversations, intimate sounds interfere with the rest of the residents. After all, there is a hotel for such activities, not an apartment building with thin partitions.

Dear residents, you are the owner of a dog that howls heart-rendingly throughout the entire entrance all day long (obviously, while you are at work).

Before you talk to your neighbors about the noise, try to assess the situation, especially if the problem has not existed before. Try to answer the following questions.

Many factors can cause disruption to citizens. Depending on the source of the noise, you can complain to various authorities.

Don't demand attention here and now. It’s better to say this: “Sergey, I see you’re busy right now, but we need to talk. Would it be convenient for you to meet me after lunch?

A quiet way for those who believe in magic

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

No, not special. Every humidifier makes noise. Just like a hairdryer, only quieter. I really can’t sleep without this blanket for my ears.

And such a hiss of water throughout our entire apartment!! ! It's like 100 cobras hissing at the same time. She washes for about 40 minutes. Neighbors from the fifth floor and from the fourth (she is on the 4th) complain that the dog barks constantly. She has a small mongrel on thin legs. Even from the next door they say that her walking in heels is a hindrance. So what should I do? Her noise does not exceed any standards, but nevertheless it is terrible to live next to her!

Actually, I didn’t pay attention to the noise before. Now I bought a humidifier for everyone’s bedroom. It creates “white noise” (a constant, low-level background noise) that drowns out other sounds. Helps a lot.

When allowed

Respectable people, for example, who are doing renovations in an apartment, often have to break the silence in a high-rise building. On the one hand, neighbors should be happy for the people who are renovating their interiors, on the other hand, they should prepare for a long rumbling, knocking, and buzzing of power tools.

Those who are undertaking repair work can be advised to notify the other residents of the entrance about this by posting a notice asking them to tolerate excessive noise during the daytime. Weekends will have to be freed from loud construction procedures; on these days, only silent work can be performed, for example, painting walls or wallpapering them.

If authorized persons fail to act

It happens that all legal methods of dealing with noisy neighbors have been tried, but there are no results. The police no longer arrive at a well-known address, the local police officer ignores collective complaints, and the court decided to impose a fine that cannot be collected if the restless tenant does not have an official source of income.

Tired of the struggle for silence, apartment owners can only complain to the prosecutor's office. Its functions include monitoring compliance by law enforcement agencies with their assigned duties.

Sample application to the prosecutor's office

No later than 30 days later, the prosecutor's office is obliged to provide a response on the measures taken. As practice shows, after such an appeal from citizens, issues begin to be resolved quickly and effectively.

Eviction

Cases when the court decides that noisy tenants seriously disturb the peace of the other apartment owners in the entrance with their actions and therefore must be evicted are rare, but they do occur. Bailiffs must carry out the determination. Under their control, rowdy evictions take place in compliance with all norms of current legislation.

The whole world should get rid of those who do not comply with normal living conditions in a high-rise building. The coordinated actions of all residents will achieve the goal much faster than fighting alone.

I want to stick this in my entrance! Fine

I doubt that such an announcement will fly. From my own experience, I know that there are people who do not understand well, and to whom you need to first hit them, and then explain something. That is, you first need to “knock off” everyone who litters, and then just hang up the notice.

We took a different route at our entrance. Pots of flowers were placed on all the window sills, paintings were hung on the walls, and a door with an intercom was installed. At first it didn’t help, they broke off the flowers, stuffed cigarette butts into pots, and in exchange for them empty bottles, cigarette packs and candy wrappers. But gradually we got used to it, now the entrance is in order.

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