Law and disorder
Concern is brought not so much by the moral decline of the party goers, but by the noise made during this fall: joyful chants, loud music, cheerful dances and the sonorous barking of a dog welcoming such fun. Conflicts with shouts, stomping and dull blows with blunt objects will follow. Behind them - the noise of rearrangement during cleaning and the sound of objects rolling on the floor. And then it's already morning - it's time to get up.
Or like this: the neighbors are very nice people who have been building a family nest for a year in a row with the help of a drill and a perforator. And even without them, but it doesn't get any easier.
“A couple of years ago, our neighbor started life from a new leaf. And then he would be happy for a person, but he started it on the morning of January 1. I almost fell out of bed - I have it pushed against the wall adjacent to the neighbor's apartment. And the neighbor did not think of anything better how to start puttingty it on the very first day of the year. Shvark-shkvark-shshsoooorrhhhhh ... 8 am, January 1! " - Yulia Sh. Recalls with a shudder.
And now - the main thing: when do neighbors have the right to all this entertainment? This time is determined by law: from 7.00 to 23.00. There should be silence in the house for the remaining eight hours. In addition, the restrictions apply to repair work: no drills and spatulas in the period from 19.00 to 9.00 and from 13.00 to 15.00, as well as on Sundays and holidays (this certainly applies to January 1).
Safe noise level in the apartment - no more than 55 decibels (allowed from 7.00 to 23.00). From 23.00 to 7.00, the noise level should not exceed 45 decibels. For example, the noise of foliage from a strong wind reaches 30–35 decibels, a quiet conversation - 50 decibels.
The norm is regulated, firstly, by the federal law of the Russian Federation 52-FZ "On the sanitary and epidemiological well-being of the population." Secondly, by the laws of the constituent entities of the Russian Federation (in some regions, the norms are different). In Moscow, for example, this is Article 1 of the Law of July 12, 2002 No. 42 "On Observance of Peace of Citizens and Silence at Night".
“Breaking the silence at night is an administrative offense, for which punishment is provided in accordance with the Code of Administrative Offenses of the Russian Federation or the codes of administrative offenses of the constituent entities of the Russian Federation. In Moscow, for example, this is Article 3.13 of the Administrative Code - a fine ranging from 1 to 2 thousand rubles, ”says Alexander Borisov, lawyer and co-chairman of the Roskontrol Consumer Union.
SEEMS THAT IS A SMALL AMOUNT? ONCE - YES, BUT IF THE NEIGHBORS ARE PUNISHED PERIODICALLY, BETTER FOR EVERY VIOLATION, THE HIT ON THE WALLET WILL MAKE THEM OBSERVE THE LAW.
But there are also pitfalls. Thus, the rules on silence do not apply to apartment buildings for one and a half years from the date of their commissioning. Everything is obvious here. This is a kind of freezing period so that the owners can easily and quickly repair new apartments.
Neighbors make noise day and night. What to do?
It all depends on the type of noise. If the noise that bothers you appears due to the operation of engineering equipment or ventilation, contact the Office of Rospotrebnadzor or the electronic reception through the online form.
But with repairs, barking dogs and wildly having fun guests, the procedure is different. First, you should try to have a preventive conversation with your neighbors (on your own or with the help of the management company): if a dog is constantly barking in the apartment or the TV is working at full volume, some do not realize that this is disturbing others.
Suppose verbal conversations did not have the expected effect. Then you need to go the other way:
fix the violation using a dictaphone or video camera (any smartphone is enough for this);
it is advisable to record the sound not only from the apartment, but also from the entrance - this will be good proof that not only you, but also other neighbors are suffering;
make an audio or video recording of an attempt to negotiate peacefully with noisy neighbors;
capture the consequences of the party in a photo or video (remaining debris, cracks in the ceiling, fallen off plaster, etc.).
Police and precinct
If the party is taking place right now and you cannot agree on silence on your own, you will have to contact the police and / or directly to the district police officer (nevertheless, it is ineffective to call him on a noisy night - in this case, contact 102 directly and ask to contact the operator of the reference information center of the duty unit of the Main Directorate of the Ministry of Internal Affairs of Russia for the city of Moscow).
“The arriving police squad must draw up a protocol based on the complaint and hold a conversation with the violators,” says lawyer Anna Zimina. - It makes sense to contact the district police officer in cases where the problem is systematic. Visit him in the afternoon and write a statement in which you state the essence of the problem and your request to conduct an audit and / or bring the culprit to justice. "
The application must be assigned a sequential number. Based on your complaint, the district police officer is obliged to conduct an explanatory conversation with the violators.
It would be nice to collect the signatures of the neighboring witnesses. 10 slaves are assigned to the district police officer to consider the application
good days. During this period, he is obliged to come to the specified address, conduct a conversation with citizens, and draw up a report.
IF NEITHER PERSONAL CONVERSATIONS, NOR THE MANAGING COMPANY, NOR THE REGIONAL WITH A POLICE DEPARTMENT DIDN'T CONVINCE THE BULLETINARY NEIGHBORS TO BE QUIET, WE WILL HAVE TO CONNECT THE HEAVY ARTILLERY.
The next step in the struggle for a quiet life is to appeal to the prosecutor's office. It is useful to add a complaint about the inaction and unsatisfactory work of the district police officer to the statement describing the problem and asking to punish the offender.
The threat of eviction
If the apartment is not privatized, but is, for example, in social rent, with systematic violations and fines of neighbors, the owner has the right to evict in connection with non-compliance with the terms of the social rental agreement.
For this, there is article 91 of the Housing Code of the Russian Federation. If the tenant and his family members living together with him use the dwelling for other purposes, systematically violate the rights and legitimate interests of neighbors, and after warning the landlord they do not eliminate these violations, the guilty citizens are evicted in court at the request of the owner or other interested persons.
“If an apartment is rented out, then another lever of influence on the owner, who is in no hurry to curb tenants, is the threat of going to the tax authorities. It is possible that he does not pay taxes on rent payments. Therefore, it is easier for him to evict noisy people than to have problems with the tax authorities. "
lawyer and co-chairman of the Roskontrol Consumer Union
“You can apply to the court for the forced eviction of the owner himself, who systematically violates the rules of residence. There are only a few such lawsuits in Russia, but the latest decisions were made by the courts in the interests of the victims, not the troublemakers, ”advises Alexander Borisov.
Competent protection of the right to silence
Naturally, testimony will not be enough. Recorded appeals to the district police officer, decisions on bringing to administrative responsibility will be required. To substantiate your requirements, you will need an independent opinion on the measurements of the noise level, although in practice it is very difficult to do this: it is not a fact that by the time the specialists arrive, the neighbors will be making noise.
“Residents of apartment buildings, often suffering from neighborhood noise, do not know the correct procedure for action,” says lawyer Anna Zimina. - It is worth starting with the proof of the violation of the silence - invite a private company for this, whose representatives will come several times and measure the noise level in the apartment. It is better if they take measurements twice during the day and twice at night and reflect the results in a conclusion, which will subsequently be legally binding. "
In Moscow, 10-15 thousand rubles will have to be paid for such a study.
If necessary, you will go to court to defend your right to silence, and an expert opinion is suitable both for litigation with individuals and for proceedings with a management company or construction companies.
TO BEGIN, JUST SHOW YOUR RECEIVED PAPER TO THE BREAKERS - SOME QUICKLY UNDERSTAND THE SERIOUSNESS OF NEIGHBORHOOD INTENTIONS AND FORWARD TRY TO FIT THE VOLUME OF THEIR HEAVY LIFE INTO THE SETTLES.
If the threat did not have any effect, go to court: if the neighbors' guilt is proven, you have the right to recover also compensation for harm. But be prepared that litigation will require moral and material costs, as well as take a lot of time.
In this sense, in the Moscow region and some other regions, the practice is a little more loyal: there the protocols can be drawn up by an administrative commission (this means that it is more realistic to punish violators), it will also impose a fine.