The law on the noise in the apartment: all the necessary information
Home environment tends to moral rest and recovery of physical strength after a busy day. Coming home from work, we look forward to quiet communication within the family. But sometimes our plans are violated by neighbors or strangers on the street who are noisy in day or night.
Modern scientists have shown that being in an increased noise background that does not meet the State Standard entails a deterioration in health, expressed in irritability, quick fatigue, and pain.
If the noise at work is due to technological processes and is stipulated in the working conditions, the lack of rest in residential premises often occurs without the consent of the residents. It is not always possible to bring order to the apartment building, calling for a sense of conscience. This article will provide useful information on all issues that may arise in the course of solving this problem.
Briefly about the subject matter
In order to act in compliance with the law on noise, citizens living in an apartment must know the timeframe of noisy spending time day and night and strictly adhere to them.
There is a permissible standard noise level and liability for its violation. It is difficult to understand independently the intricacies of the norms established by the legislation. To do this, you need to study the law and keep track of all the innovations.
If a difficult situation arises, then the best way to resolve the problem is to seek legal assistance. An experienced lawyer will help to take appropriate measures in a timely manner, appropriate to the degree of complexity of the issue. For example, appeal to the district police officer or the police, filing an application to the judicial authorities.
Legislative Provisions 2017
The Law on Noise, adopted in the Russian Federation according to the State Standard 2017, is of federal significance and is subject to implementation throughout the country. The subjects of the Federation have the right to independently determine day and night time, to set limits on noise in an apartment building, securing the decision taken by law and regulation.
Obligatory performance indicators for noise background are the same for all regions of the state. At night, the norm is not more than 30 decibels, and in the daytime - up to 40 decibels. For Moscow, night time is set as part of 22.00-06.00. For St. Petersburg at 23.00-7.00. From the Moscow innovations for apartment buildings, it is worth paying attention to the prohibition to carry out repairs from 19.00 to 09.00 and at lunch, which implies a daytime recreation of citizens from 13.00 to 15.00.
The law is valid in all the days of the year. The exceptions are new buildings, where repairs are allowed at lunch for a year and a half since the building was commissioned.
Regional Regulations 2017
In different regions of the country, the time frames that define the night are somewhat different from the federal ones, set at 23.00. until 07.00. For example:
- for Kazan and Pskov night time is 23.00 - 06.00;
- for Yekaterinburg 22.00 - 08.00;
- for Voronezh it is 22.00 - 07.00;
- for Tomsk - similar to the federal framework.
There are cities where you can not make noise on weekends until 12.00. The amount of the fine for disturbing citizens is also different. For organizations, the penalty of a fine can be as high as a million rubles, for an individual ten thousand. In addition, in some regions there is a ban on night entertainment.Owners of animals making noise at night can be punished.
Measure of responsibility
What can not be done at night and daytime? Listen to loud music, sort things out on high voices, carry out even minor repairs. All of the above is a violation of GOST standards. If the tenants of the house regularly do this, then they can complain to the police.
To confirm the fact of violation of silence it is required to measure the number of decibels day and night. Who is doing this? According to the law, if there is a problem in the apartment building, an examination is carried out. It can be carried out by the following organizations:
- forensic experts;
- analytical from Rospotrebnadzor;
- accredited through Rospotrebnadzor;
- non-state project structures with the appropriate license.
Representatives of these organizations have GOST standards set for any premises. They are equipped with modern equipment and have experience in this field.
To check the noise level, experts travel at any time of the day to any objects - workers, commercial, residential. At the end of the work they provide a report.The expert assessment from the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, or any of the instances indicated here, is the basis:
- for complaints about the troublemaker;
- for the claim of material compensation.
What threatens the violation of the law on silence? Paying a fine, and in some cases sufficient warning. Entertainment related events organized by the local authorities are not considered as offenses.
What are effective measures to resolve the problem? If your calm is disturbed by neighbors, then the first step to resolving the issue should be to ask them for compliance with the law. The peaceful resolution of a conflict situation with finding a compromise is the fastest and not expensive way. In the absence of success in negotiations, it is worth reminding violators of administrative responsibility - a fine.
When all peaceful methods are exhausted, and the neighbors continue to make noise, it is necessary to move on to radical measures. To begin with, a complaint is filed with the Federal Service for Consumer Rights Protection and Human Services asking for an examination.With the results of the examination on the hands, you can apply to the management company with the requirement to take action against the neighbors. This path is not always successful, as the violators of silence often do not react to the appeals of such organizations that are not authorized to determine the punishment.
The next option is to call law enforcement agencies - the police. This is a more effective method for "minor" offenders, and for asocial individuals, an explanatory conversation with a police officer is inconclusive.
You can also refer to the district, making a statement to which he is obliged to respond. This is a more practical way, since the district police officer has legislative powers to issue a fine. The registration of troublemakers in an apartment building, entailing legal consequences, can put a bullet in the conflict.
The further way is filing a statement of claim. It is resorted to when all relatively loyal methods are exhausted. Expert evidence is attached to the claim. The document must be drafted with the indication:
- the name of the court;
- Name of claimant and defendant;
- residential addresses;
- descriptions of the violation itself;
- list of requirements;
- references to the legislative document;
- list of attached documents;
- signatures and the date of the claim.
Violation of the rules for drafting a claim may result in the refusal to accept it for consideration. Therefore, the drafting of a claim must be taken responsibly, with the help of a lawyer. This method of dealing with violators is the most effective.
What you need to know?
All allegations of violation of the law on silence in the above services should be followed by a reaction. If there is no response from the housing company or the precinct, a complaint is filed with the Rospotrebnadzor, the prosecutor's office and the court. In it it is necessary to refer to non-fulfillment of duties by persons holding positions. It is worth noting that the work of expertise is a rather expensive undertaking that not everyone can afford.
As a rule, restless neighbors interfere with a large number of people, and then it is possible together to order an expert’s departure. The common phrase “ignorance of the law is no excuse” does not lose its relevance. Therefore, be correct and respectful towards the neighbors living next to you in the house.And demand respect from them.
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