Among prosperous buildings, whose residents live in harmony and do not interfere with each other, there are high-rise buildings filled with scandals. In the event that neighbors violate the rules of the hostel, behave aggressively, or do not maintain order, their behavior is unacceptable and the remaining residents have the opportunity to protect their rights. In this case, it is important to know how to file a complaint against neighbors to the district police officer.
Writing a complaint to the district police officer
Procedure for consideration of a complaint by a district police officer
After conversations have been held with the neighbor, the inadmissibility of such behavior has been explained to him, and the conversations have not had the expected effect, more drastic measures can be taken, the first of which is a complaint against the neighbors to the district police officer. In order for the application to be accepted and considered in the manner prescribed by law, the document must be drawn up correctly.
The legislation offers several options for drawing up a complaint and delivering it to a law enforcement agency:
- Written on a piece of paper, submitted to the police office.
- A written appeal is sent to the police address by registered mail.
- An online application is sent to the police website. You must first register and confirm your email address.
Regardless of the chosen method of sending, the application must be written in compliance with the current rules. Must be on behalf of a specific person. Anonymous complaints are considered only if they contain information of national importance: reports of terrorist attacks, murders.
A complaint to the district police officer against neighbors will help in cases where their actions interfere with the lives of other residents, limit their rights or violate the law:
- The neighbors disturb my sleep and make noise at night.
- They violate public order.
- Illegal immigrants live in the house.
- In cases where children are abused.
- Neighbors distribute drugs and sell alcohol.
It is recommended to send the complaint to your place of residence. If it was submitted to the police department at the wrong address, the application will be redirected, which will take a certain period of time and delay the review process.
A neighbor drove into the property and sued us
I completed the documents for the plot in 2009. The neighbors did a land survey last year. And according to the new plan, the neighbor’s plot collides with mine and other neighbors. However, the fence never moved. Ion is suing, but for some reason we are the defendants. What do we do now? I believe that our plan is a priority because we have done it before.
In fact, with the increase in measurement accuracy, your boundary plan drawn up 10 years ago may not be a “priority”. It is wrong to believe that whoever managed to set boundaries first is right. When carrying out this procedure, errors are not excluded - both at the stage of the cadastral engineer’s work and at the stage of state registration of the updated boundaries. Ordinary citizens in this case are in a defenseless position, since they do not have special qualifications and are forced to trust professionals.
However, you can still check something: whether information about the updated boundaries was entered into the cadastre after the survey was carried out, whether your site was suspended or removed from the cadastral registration.
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In addition, the land surveying procedure necessarily includes the coordination of boundaries with neighbors - have you ever had such an agreement? Is there a signature from the neighbors on the approval document?
It should be understood that your neighbor, in general, has no other options except the court, since based on the measurements taken, the border between you turned out to be controversial.
Rosreestr will refuse to register it without a court decision, and your plot may be removed from the cadastral register until clarification. And the fact that you were brought into the case as a defendant is quite understandable - after all, you are the owner of the bordering territory. Therefore, you should not be offended by your neighbor - he acts within the law, protecting his interests.
Now let's talk about what you should do in this case. As a party to the claim, you have the right to request a case (by submitting a simple written application to the office or to the judge's reception room).
Take advantage of this right and take photographs of all pages of the case. Then collect all available documents for the site, including a boundary plan, an act of boundary approval, an agreement with surveyors for cadastral work, order a full extract from the Unified State Register of Real Estate (this can be done online on the Rosreestr website or at the MFC).
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With all these documents, you should definitely contact a lawyer, preferably one who practices in your municipal area on land issues, for advice. You shouldn’t waste money on this - such savings can cost you in loss of space.
A lawyer will help you competently draw up objections to the claim and prepare the necessary petitions, if there are appropriate grounds in the case materials or your documents.
Be prepared for the fact that you may have to call surveyors to measure your site and check that the coordinate points have been established correctly.
Also talk to other neighbors and the board of your SNT - you may need testimony about the existing boundary of the property for a long time. You can conduct a case in court on your own or through a representative, but representation will be significantly more expensive than preparing documents by a qualified lawyer.
You might be interested in:
- Is it possible to leave SNT or DNT? How to withdraw your plot from the partnership
- The boundaries of plots in SNT do not coincide with anyone. What to do?
- I want to give up my plot
- New rules for registering transactions with land plots, coming into force in 2020
- Do I need to go to court with extra acres?
- How to avoid being deceived by surveyors?
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How to correctly write a collective complaint against neighbors
A collective complaint against neighbors to a precinct officer is filed in the same way as a single application. The document consists of several parts:
- The position and full name of the district police officer are indicated.
- A list of persons on whose behalf the complaint is being written is listed: address, full name, passport details (preferably).
- The essence of the appeal.
- A list of which articles of the law were violated.
- Date the request was submitted.
- Personal signature of all applicants.
It is good if it is possible to attach photographs, videos and audio recordings to the application confirming the fact of violations.
How to write a statement to a local police officer about noisy neighbors?
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. In many regions, there are laws that regulate the hours when peace should be ensured in residential buildings and noise should be kept to a minimum. This is necessary so that citizens can sleep peacefully and regain strength. This is especially important for families with small children. If during rest hours the neighbors do not want to calm down, you can find justice against them by writing a statement to the local police officer about the neighbors disturbing the peace and quiet of citizens (a sample can be downloaded below).
If we talk about violating silence during the daytime, then, for example, in Moscow there are certain hours (in particular from 13ºº to 15ºº daily) when it is prohibited to listen to music loudly and carry out repair work in non-residential premises of the house. To prove that neighbors are too loud during the day, you will need to take noise measurements and follow sanitary standards. Loud noises at night are regarded as an encroachment on the peace and quiet of citizens.
How to write an application for inadequate tenants renting an apartment: sample
Law-abiding neighbors rarely cause trouble. Residents with inappropriate behavior are a different matter, choosing loud showdowns, fights, scandals and late meetings with friends, preferring alcoholic drinks. In this case, the law protects the peace of its residents, and the actions of violators are subject to punishment, including trial.
The first step in the fight for silence will be to contact the local police officer, who will conduct explanatory work with the culprits. Some tips on how to correctly write a complaint to a local police officer about your neighbors:
- At the top of the application the full name of the district police officer and position are indicated.
- The full name of the applicant must be indicated; anonymous complaints are not allowed to be considered.
- The appeal is signed and dated.
- The letter must be written without emotion or exaggeration, in a technical style, listing the date of the event and the fact of the violation. It is advisable to indicate which norms of the law were violated.
In the complaint, it is recommended not to draw conclusions on your own, not to write assumptions, but only to state the facts and events that the applicant himself witnessed.
How to correctly write a citizen a complaint about neighbors who are making noise, sample?
The application can be drawn up by a citizen individually or collectively. Complaints of the second type are more preferable, since they will be responded to more quickly. But, more often than not, it is much easier to file such a complaint individually if all other residents are passive or afraid to file a complaint against anyone.
Before you start writing a statement, you should also make sure that you have correctly identified which of the residents is the source of the noise. You should not rely only on what you thought sounds were coming from above; sometimes, due to the design features of the house, the sound may be distorted, and you may mistake the wrong apartment for the source of noise. Factual testing is required to avoid such errors.
The application can be drawn up by a citizen individually or collectively.
If you actually managed to verify who the source of the noise was, and the warning that you would complain did not help, then you should write a statement to the appropriate authority. It is best to write to the district police officer. At the same time, if he is not on site or there are problems with the reception schedule, the application can be left with the duty officer at the site. The person on duty will forward the application to the local police officer and he will contact you to discuss the details and check the accuracy of the information provided. Additionally, a sample application for neighbors to the district police officer can be found by following the link.
Content
The application for noisy neighbors includes the following information::
- Information from the identity document of the citizen submitting the application (if the complaint is of a collective nature, then the passport details of all persons involved in the application are indicated).
- Full name of the district police officer.
- The actual location of the building in which the offense is committed.
- Contact telephone number for contacting the applicant (or applicants, in case of filing a collective complaint).
- A description of the current situation and how the situation violates the rights of the applicant (example: due to constant noise, I developed insomnia, increased nervousness and had to see a doctor to eliminate these problems). In addition, you need to indicate how often your neighbors make noise, what the level of noise is, indicate data from the measuring device and the dates when you took measurements. When describing the situation, it should also be noted whether you tried to resolve the situation peacefully, through dialogue with your neighbors.
- Add links to laws that regulate noise standards in apartment buildings. These include: regional laws on silence, Article 30 of the RF Housing Code, Federal Law No. 52. If your neighbor insulted you, then you should note this in the complaint and refer to Article 20.1 of the Administrative Code.
- Describe the requirement (example: in accordance with the law, I demand to evict or influence the behavior of the tenants so that they do not break the law and not disturb others) and do not forget to indicate that you need to be informed about the results of solving the problem.
- Indicate the date the application was completed.
- Put a personal signature, it must match the one indicated in the passport.
When filling out the application, provide only reliable information and information that you can confirm. All this will be checked; distortion of facts and lies will not lead to anything positive.
After this, the district police officer must accept the application; if he does not want to do this, it is necessary to require a written refusal from him with justification of the reasons. In some cases, you may end up with an unscrupulous local police officer who will refuse to fulfill his duties, in which case you can file an application against him in court. But, according to statistics, as soon as you request an official refusal to be written, your application will be accepted immediately.
In addition, it is worth requesting the terms for consideration of the application and the response time, carefully monitoring them so that your application is not accidentally lost or another reason arises for which the problem was not taken into account.
Documentation
Documents you will need to provide to the district police officer:
- identification document of the applicant (documents of all applicants in the case of filing a collective complaint);
- the original version of the application and its photocopy;
- copies of appeals to other authorities, if any (for example, this may be the fact of contacting the police earlier);
- If you wish, you can provide audio recordings of the noise created by your neighbors and screenshots/photos of devices with the readings you received when measuring noise.
Example of a complaint
An example of such a complaint can be downloaded here.
Contacting the police for insult and hooliganism: form
If neighbors behave hostilely, are rude, or use obscene language, the victim has the right to write a complaint to the district police officer. For insult, the perpetrator may be subject to administrative punishment. Hooligan actions, which are expressed in non-compliance with a public nature, threaten the offender with criminal liability.
When drawing up a complaint, the applicant is obliged to indicate only confirmed facts. For assumptions, conjectures and slander regarding another person, you yourself can become accused of false denunciation and slander.
What to do if neighbors are noisy?
What to do if your neighbors are noisy - argue with them, talk to them, or take drastic measures - contact influential authorities? How to live with noisy neighbors and what to do if they do not respond to your requests not to turn on the washing machine or air conditioner at night, not to work with a hammer and hammer on weekends?
In the Russian Federation there is a special law “On Silence”, which indicates when individuals and legal entities are prohibited from making noise.
But each subject of the Russian Federation has the right to adopt its own amendments to the law “On Silence” and develop its own local laws. And the punishment for non-compliance with the rules of silence and order of citizens in each region is different, because local authorities adopt their own administrative codes locally.
For example, in the capital, the penalty for noise from neighbors reaches 2,000 rubles (for individuals) and up to 80,000 rubles (for legal entities) with or without suspension of the organization’s activities.
Where can you complain about noisy neighbors in 2020?
There are several options for filing a complaint:
- Complaint addressed to the district police officer . It is recommended to contact this peace officer if your neighbors are making noise regularly. After accepting the application, he can conduct an explanatory conversation with neighbors or transfer the application to the police to initiate an administrative case.
- Complaint to the management company . You can come here then, then the neighbors are noisy during the day.
- Complaint to the police . If you don’t know where to turn, if your neighbors are making noise at night, then know that you need to call the police. Based on a complaint written by a neighbor or a group of neighbors, the inspector will draw up a protocol and talk with the violators of the peace and tranquility of the residents.
- Application to the prosecutor's office . If neither the local police officer nor the police respond to the complaint, then the tenant, distressed by the noise of his neighbors, can contact the prosecutor's office. This authority will help move things forward and find out why the district police officer is not fulfilling his duties.
Who to call if neighbors disturb peace and order?
If you are sure that your neighbors do not comply with the law “On Silence”, for example, they do repairs at night, organize discos, swear, and you can’t come to an agreement with them, then you can complain about your careless neighbors by phone:
- Call the local police officer . You can find out the telephone number of the district police officer assigned to a specific address on the website of the Russian Ministry of Internal Affairs.
- Call the police on 02 or 102.
Source: https://expert-home.net/chto-delat-esli-sosedi-shumyat/
Sample complaint about a neighbor throwing garbage in the wrong place
Clean where there is no litter - this folk wisdom is especially relevant for a multi-storey building. Careless neighbors throw out garbage in all sorts of places that are not intended for this:
- at the entrance;
- from the windows of a car or apartment into the yard;
- They store construction waste in the entrance of the house.
Such actions are subject to punishment, of which the district police officer can be notified with a complaint. The statement must describe in detail the unlawful actions of the neighbor, indicate the name of the offender and the address of residence. Evidence can be photographs, video and audio files, testimony of witnesses.
Contacting law enforcement agencies
This measure provides for the mandatory filing of an application against violators.
Here is a list of necessary points that should be covered in the document:
- information about the recipient;
- contact details and home address of the accuser. When submitting a collective application, you must provide information about each person;
- statement of the essence of the conflict;
- a description of a possible resolution of the situation from your point of view;
- your signature and date of filing the claim.
In addition to the local police officer, you can submit an application to the law enforcement agencies at your place of residence, but this measure in most cases is unnecessary, since all complaints are transferred to the local police officer.
An urgent complaint to the police station is recommended in case of inaction on the part of the authorized police officer.
The application must be submitted in two copies: the original will be sent to the district police officer for consideration, a copy will remain with the prosecutor.
Watch the video. What to do if neighbors are noisy?
Powers of police officers
A police officer is empowered to resolve issues and bring to justice those responsible in the following cases:
- Smoking and drinking alcoholic beverages in public places.
- Living in a house for undocumented persons.
- Hooliganism.
- Growing or untimely carrying out work to destroy plants of the narcotic group.
- Driving a vehicle without documents, learning to drive a car without having a legal right to do so.
- Using vehicles without license plates or difficult to distinguish license plates.
- Failure to comply with restrictive measures by those citizens under supervision.
You can turn to the local police officer for help in other cases. Even if he cannot resolve the issue, his responsibilities include drawing up a protocol on the violation, which will subsequently be evidence in court or for the guardianship authorities. It will help hold parents accountable for negligent performance of their duties.
The district police officer can independently issue a fine and punish a neighbor who smokes in the entrance. If the tenant makes noise at night and interferes with sleep, a police representative draws up a report and sends it to the administrative commission.
Where to complain?
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.
1. Administrative responsibility.
The actions of noisy neighbors at night is an administrative offense that entails measures in the form of a warning, and then the imposition of a monetary penalty in the form of a fine of 500 - 1000 rubles (Article 6.4 of the Code of Administrative Offenses of the Russian Federation). Its size may vary in regions and is established by law. For example for:
- In Moscow, the fine is 1,000 - 2,000 rubles;
- St. Petersburg 500 - 5,000 rubles.
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.
2. Civil liability.
If the noise from neighbors has become so annoying that it has led to a lawsuit, then the plaintiff may demand compensation for moral damages resulting from the actions of the troublemaker. An extreme measure of influence may be the requirement to evict such neighbors.
Result of consideration
Work on the application is carried out on the written instructions of the head of the internal affairs agency. The district police officer carries out inspections, goes to the scene, interviews witnesses, and talks with the offender. A period of 30 days is given for consideration of the application; if additional work is necessary, the period is extended by another 30 days. Upon completion of the review, a letter is sent to the applicant's address. The response indicates the details of the work performed:
- Were the allegations stated in the statement confirmed?
- What measures have been taken?
- Did the culprit receive punishment and what?
If the complaint has no effect and the police officers did not pay due attention, their actions can be challenged and a complaint can be made against the police officers themselves.
Options where you can complain about a police officer and appeal his actions:
- The immediate supervisor of the district police officer.
- Department of the Ministry of Internal Affairs. Employees of this organization control the actions of the district police officer.
A correctly written appeal to the district police officer will help protect your rights and serve as the basis for initiating a criminal case, charging a fine or bringing the culprit to administrative responsibility.