Complaint about neighbors to the administration

Where to complain if neighbors are noisy

If there is such a problem that loud sounds occur during the daytime, as well as after 23 at night, citizens begin to think about how to cope with such disorder. To begin with, you should simply visit the residents' apartment and ask them to be quieter. But when such measures do not help, and in the room next door a drunken group is shouting and music is playing loudly, you will have to call the police.

To do this, just dial 020 or 112, when the connection occurs, you should ask to be connected to the duty station that is responsible for the part of the city where the person calling lives.

Note! Typically, such calls are recorded; this happens when calling 112. If employees ignore the call, it will be possible to prove that the call was received.

Also, affected citizens can contact the local police officer directly and write a statement describing the essence of the whole problem.

What to do if the complaint has no effect

If the police do not help, then other measures will have to be taken. It often happens that written statements, as well as appeals to troublemakers, do not produce any results.

Such violations are very rare, but these cases still occur. But you can find a way out of this situation, just write a collective complaint to the police.

It is written according to a specially prepared sample. And after that you can go to court to have the troublemakers evicted. To carry out this process:

• the main text of the complaint from all affected residents is compiled;
• a copy of the complaints that have already been written earlier is attached;
• evidence is attached indicating that the police have already visited the violators;

Note! It is not always possible to evict troublemakers; for example, if this is the only housing for citizens, or minor children live in the apartment, then this will be impossible.

Nevertheless, an administrative case will be opened for violating peace and order, which ultimately affects the neighbors, and they begin to behave more quietly.

The house and everyone in it

I still remember how, after moving into a new apartment, I discovered this grandmother living on the floor below. Then we learned from other neighbors that she had complaints about almost the entire entrance. They're watching TV loudly nearby, children are running upstairs, they're spilling a couple of floors away (in a completely unknown way, because we ourselves don't have any stains or drips). And even from the first floor they deliberately carry dirt to her doors. In short, the list is endless.

This elderly lady, apparently tired of banging on the radiators, began writing complaints. Therefore, the district police officer came first, but, finding only workers in the apartment, he left. After some time, a whole commission appeared to measure the noise level. And, without achieving any “sanctions” or at least intimidation, one day a neighbor announced that she was suing us. I will not quote further text, because everything was expressed in purely courtyard terms.

Naturally, at the family council it was decided to defend their rights, their apartment and their renovation. Until the bitter end. I will try to tell you everything that we have learned about this now.

To the management company

When law enforcement agencies do not respond to complaints, or citizens do not want to contact the police, you can visit the management company. But it’s worth immediately considering that the management company is not obliged to resolve conflicts of this type.

If the noise disturbs several residents of neighboring apartments at once, then the management company will have to intervene in this matter.

If we consider the law, then such a company in fact does not have many rights; employees can only have a conversation with noisy neighbors. But there is still a benefit from it, since employees will help prepare the entire list of documents for more important authorities to prove the fact of violation of order. The company will also assist in finding citizens who will confirm that their neighbors exceed the noise level.

Where can I complain?

There are many authorities that can help you deal with noisy neighbors. These include:

• Police Department;
• Management company office;
• Prosecutor's Office;
• Magistrate's Court.

This diversity is due to the nature of the problem itself. The fact is that there is a huge number of rules governing the residence of citizens and the level of noise they make. So, for example, according to Federal Law No. 52 “On Silence”, the noise level emitted by a tenant from 7.00 to 23.00 should not exceed 40 dB, and from 23.00 to 7.00 - 30 dB. For comparison, 75 dB is the noise of a regular vacuum cleaner, 40 dB is the noise from a conversation at a distance of 10 meters or from the radio at low volume, 30 dB is the sound when talking in a whisper close to the interlocutor or the rustling of pages being turned. As you can see, it is very quiet, and it is easy to break this regime.

The second important problem is the difficulty of resolving the conflict. A peaceful conversation with a neighbor does not always solve the problem, so you have to turn to increasingly serious authorities. So when applying, you will have to literally move from one method to another, putting in more and more effort.

To the police

Let's start with something simple, namely, with a complaint about night noise to law enforcement agencies. If your neighbors are tormenting you, then you can calmly contact the district police officer, since resolving housing conflicts at their initial stage is his direct responsibility. He will have to resolve the issue with his noisy neighbor amicably. If the neighbors do not maintain silence even after the local police officer’s visit, then you will have the opportunity to call the police from the police station. They will have to turn to noisy neighbors already at night and force them to silence. In this case, they will be issued a fine of 1,000 rubles.

To the management company

If you do not like to involve law enforcement authorities in resolving housing issues, then you have the opportunity to ask for help from a representative of your management company. It is worth considering that the management company is not obliged to resolve most conflicts between residents, but if noise disturbs several neighbors at once, then it will be obliged to intervene.

Unfortunately, the management company itself can only do so much, since it can only communicate with the offender. But its main benefit will be that with its help it will be possible to prepare documents for appeal to higher authorities and find citizens who will take your side in the event of a trial.

To the prosecutor's office

Let's move on to a really serious case. A complaint is sent to the prosecutor's office if all previous appeals to the police, to the local police officer or to the management company have not yielded any results. You can only file a complaint about a noisy neighbor in writing. In this case, it will look like this:

• Title. It will contain the address of the prosecutor's office, the full name of the department, full name and title of the authorized manager, as well as information about who is complaining about whom;
• Information part. It will contain a description of the noise problem that has arisen, your attempts to resolve the situation peacefully, and a description of the neighbors’ reactions to these attempts. Also in the information part the request itself is indicated and its justification is given;
• Final part. It will require an inventory of all the papers that will be attached to the complaint. After the inventory, a signature and date of submission of the application are placed. Also in the conclusion you can indicate the contacts of witnesses who can confirm your words.

You can submit an appeal at the prosecutor's office at your place of registration in person, through a representative with a power of attorney, or by mail. After submitting the application, an inspection will be carried out, after which a penalty corresponding to his guilt will be applied against the violator.

Lawsuit

Let's consider the most serious way to resolve the conflict, namely in court. If you decide to appeal to a higher authority, then you will need to draw up a statement of claim, the form of which is completely similar to the application to the prosecutor’s office described above. The only difference is that there will be no need to indicate an authorized person; the court itself will establish it.

To win your case, you will need to prove that your neighbor repeatedly violated the quiet order, causing harm to you and others. If you did everything correctly before, then by the time of the trial you will have documents from the management company, materials from the police, an official response from the prosecutor’s office, as well as complaints from other residents. If you wish, you can file a class action lawsuit - this way your case will be considered even more carefully. If you win, you will be able to demand compensation from your noisy neighbor for moral damages, payment of fines, forced observance of a quiet regime, and in some cases, forced eviction of the person from the apartment.

How to proceed

If no methods help, citizens can turn further to more serious authorities to resolve this issue according to the law. As practice shows, calling the local police officer to the offenders does not produce results for long, or does not produce results at all. The fact is that the first call is usually limited to a verbal request to calm down and reduce the noise level. This option does not always work, since it depends on the level of corruption, as well as on the personal qualities of the offender.

If after calling the local police officer there is no result, the neighbors can write a complaint to the prosecutor's office, it indicates the fact of the violation and also describes the request. In this instance, citizens who apply are required to give a written response to the appeal.

When, in this case, noisy neighbors have not stopped disturbing the people living next door, you can go to court. In this case, it will be necessary to prove that the citizens in the neighborhood really interfere with normal living in their personal living space.

How to make and where to file a complaint against neighbors

Quarrels between neighbors become a truly serious problem in an apartment building, where a respectable family with children can live on the same landing, the owner of a Rottweiler who goes out for walks without a leash or muzzle, and a very sociable person whose wild fun does not end even when night comes. If the inevitable conflict of interests in this case cannot be settled through contractual means, other methods have to be put into action. The main thing is not to forget about their legality and, armed with a pen (or computer), start writing a complaint.

Where to complain

The addressee of a complaint against neighbors is selected based on the nature of the offense they commit (regular noise, poor sanitary conditions, aggressive pets and openly threatening behavior of residents) and their willingness to dialogue. It could be:

How to write a complaint against neighbors so that it is considered, read the article “How to write a complaint correctly”

Organization of management or self-government in the housing and communal services sector

The management company or homeowners' association carries out the functions of maintaining the house in satisfactory technical, sanitary and hygienic condition, as well as other tasks specified in the charter or agreement with residents.

You can complain to the management company or homeowners association about neighbors who neglect environmental hygiene, freedom of movement and the safety of others when they:

• crowd the common space (landing or flight) with large items;
• systematically litter the entrance or yard, not bothering to clean up after themselves;
• engage in activities on the territory of the house that create inconvenience to others (unpleasant odors (Read the article: “How to write a complaint about a smell”), loud noise during the time allotted for rest, etc.);
• walking without a leash or muzzle or leaving potentially dangerous animals unattended and not removing their waste products;
• smoke in common areas.

You can submit a complaint orally or in writing to a person authorized to receive such requests. The inaction of the management company or the HOA in this case is grounds for appeal against them.

But in practice, even an immediate response to an application rarely eliminates the problem, since the management organization does not have sufficient tools for this.

The maximum that its representative can do is talk to the offender and, if there is no result, help resolve the unfavorable situation through the competent government authorities.

Police

The police considers applications for administrative and criminal offenses of citizens, for example:

• violation of sanitary and epidemiological requirements;
• consumption and distribution of narcotic drugs and psychotropic drugs not prescribed by a doctor;
• destruction or damage to someone else's property;
• violation of the rules for the use of residential premises;
• noise at night;
• creating a threat to the health and life of others (applies to the rules for walking potentially dangerous pets);
• aggressive behavior (insults, threats);
• unintentional harm to human health;
• violent actions.

Contacting the police should start with the local police officer. A complaint about the unlawful behavior of neighbors is written in his name and is usually submitted in person, since the police department is located within the same administrative district as the applicant.

If the matter is urgent and the subject of the complaint is an acute conflict or a criminal act of a neighbor, you must immediately call 02.

You can find the police department and the local commissioner on the map or at the address on the official website of the Main Directorate of the Ministry of Internal Affairs in the subject. This service is also available on the portal of the Ministry of Internal Affairs of the Russian Federation at the link https://mvd.rf/district.

As an example of a statement against a neighbor, you can take the following sample:

The inaction of the district police officer (refusal to accept a complaint, failure to take measures to clarify and suppress the fact of violation) is unlawful and is subject to appeal first to the head of the police department, and if there is no result - to higher structural units (DMI, Regional Department of the Ministry of Internal Affairs, Main Directorate of the Ministry of Internal Affairs, etc.) .

If the offense committed by neighbors is of a criminal nature, requiring the perpetrator to be held criminally liable, the application is submitted to the duty department of the Ministry of Internal Affairs (MVD) in the area. However, it should be remembered that slander and giving knowingly false information to the police are punishable by law, in accordance with the provisions of the Criminal Code of the Russian Federation.

You can write to a higher official using the electronic appeal service. To do this you need:

1. Follow the link https://mvd.rf/contacts/sites.
2. Select the appropriate Department or Main Directorate of the Ministry of Internal Affairs for your subject.
3. Click on the main menu item “For Citizens” and go to “Reception of Applications”.
4. Read the information provided on the page and click “Submit an appeal.”
5. Select a department, indicate the name and position of the addressee.
6. Fill in information about the applicant - last name, first name, patronymic, postal or email address, telephone number and civil status (citizen of the Russian Federation, another country, stateless person, etc.).
7. Indicate the location, details of the incident and the unit to which the application was previously submitted.
8. Attach documents relevant to the case, photographs and video materials in electronic form.
9. Send a request.

Collective appeal

In order for the complaint to have more weight, it can be filed collectively. To do this, you need to talk with other residents and ask whether the illegal actions of a common neighbor are causing them any inconvenience. If the applicant has like-minded people in this, they should also be included in the appeal process.

To draw up a collective complaint, it is enough to correctly formulate the general requirements, list in the “header” the appeals of all applicants (full names and addresses), and under the text, at the bottom of the sheet, ask them all to sign.

If there are a lot of people who want to pacify troubled neighbors, it is recommended to exclude information about the applicants from the introductory block and move it down or to the back of the paper, opposite the signatures.

The more signatures a complaint collects, the higher the likelihood that it will be “heard” by the authorities competent to resolve such issues. And an unscrupulous tenant himself can adjust his behavior under public pressure.

The legislative framework

When appealing illegal actions of neighbors, it is important to refer to the current legislation in your demands. The following legal acts will become relevant:

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An exception

The legislation provides for separate clauses under which the noise level can be exceeded at any time of the day. For example, when there is a need to carry out emergency work, in the event of an emergency and religious ceremonies (this includes the ringing of bells).

If your neighbors are noisy, you can first call the police, but if this action does not produce results, you should write a statement to the prosecutor's office or court. Still, more often you can solve the issue yourself by simply asking the violators to observe the rules of silence at certain times of the day.

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