The permissible noise level in various circumstances is regulated by the rules of SanPiN 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises.” Standards for residential premises establish an acceptable noise level of no more than 45 decibels at night, and 55 decibels during the day.
The legislation establishes that night time lasts from 23:00 to 07:00, the rest of the time is daytime.
Noise standards in residential premises, what the law says
In this situation, special attention should be paid to the so-called law of silence. This regulatory legal act is adopted separately in each specific region of the Russian Federation. It establishes the basic rules for the production of noisy activities in residential apartment buildings.
This includes repair work and general rules for living in housing. The law also determines the normal decibel level at different times of the day. So, for example, at night the noise level should not exceed forty-five units of measurement, and during the day this figure increases by ten units.
In a situation where these levels are exceeded, the citizen may be subject to administrative liability in the form of penalties.
In some situations, a simple warning is issued to prevent the continuation of illegal actions. A police officer, namely a local police officer, has the right to issue such a warning.
At night
It is forbidden to work in the house at night or perform noisy work. Night time is the time that lasts from ten o'clock in the evening to six in the morning. In some regions, these limits may shift.
The maximum noise level here should not exceed 45 decibels. In fact, here you are allowed to have a quiet conversation, watch TV, listen to music quietly. It is forbidden to make repairs, drill, hammer walls, or nail nails at night, as this will violate the maximum permissible volume level.
During the day
In accordance with Russian legislation, daytime time is recognized as the time from six in the morning to ten in the evening.
Here the maximum noise level is set at 55 units. At this time of day, repair work and other types of repair activities are allowed, for example, drilling, crushing, etc. It is important to take into account that in some regions of the federation so-called quiet hours are established, during which noise is also prohibited.
As a rule, this time is from one to three o'clock in the afternoon.
What device measures noise in an apartment?
The noise level in the apartment is measured using a special device - a sound level meter. It is with its help that decibel levels can be identified and compared with legislative requirements. It should be noted that not any device will be suitable in this situation. It must be of appropriate quality and undergo state licensing.
The measurement examination is carried out by the Center for Standardization and Metrology. This institution is state-owned and financed from the federal budget. There are branches of this organization in every region of our country.
Only after accreditation has been completed can the device be used for its intended purpose. Accreditation is confirmed by the issuance of a special certificate. It can be requested from each seller of such special equipment.
When measuring the volume level of noise pollution, special filtering occurs and the final result is displayed on the dashboard screen.
What to do when there is constant noise
If the neighbors are noisy and are not interested in other people's dissatisfaction, then they should file a lawsuit. Before doing this, it is advisable to perform 4 steps:
- Collect evidence of noise ordinance violations. Special devices for measuring decibels or contacting special supervisory authorities can help with this.
- It would not be superfluous to check the permitting documentation with the builders and the organization carrying out the work. Her absence will be an advantage during court proceedings.
- There will probably be other neighbors who are unhappy with the annoying noise. You need to enlist their support and write a complaint together.
- Call a local police officer who will document the noise, which will help in further proceedings in court.
At night, all sounds are heard much louder, which often becomes the cause of quarrels between neighbors.
In what situations is it necessary to measure noise levels?
Measuring the permissible noise level is necessary in situations where it is necessary to bring the perpetrators to justice.
For example, consider the following situations:
- When the neighbors upstairs are noisy.
- When construction occurs near an apartment building.
- When rows regularly occur in the house.
- When in apartment buildings on the ground floors there are shops and other non-residential premises that prevent citizens from leading a normal lifestyle.
In the latter case, when taking measurements in a house and identifying a violation, citizens have the right to contact Rospotrebnadzor with a complaint and demand the cessation of activities that violate the rights, freedoms and legitimate interests of citizens living in an apartment building.
Health hazards due to increased volume
Exceeding the decibel level can not only cause discomfort to citizens as they carry out their life activities, but also cause significant harm to health. The following can be identified as negative consequences:
- constant headaches;
- increased blood pressure;
- lack of normal sleep, which entails a general deterioration in health;
- problems with the hearing organs;
- nervousness and other unstable conditions of the nervous system.
In order to have a valid opportunity to recover from violators the amount for the harm caused, it is necessary, after measuring the noise level, to contact the district clinic in order to record the fact of harm to health.
The medical certificate must indicate that certain negative health consequences were caused by exceeding the permissible noise level.
When there is no point in doing an examination
There are situations in which it is pointless to carry out an examination or noise measurement, even if the rules have been violated. There are a number of reasons that no one can control, such as a baby crying. This cannot be controlled, which means there is no violation as such.
If you really are faced with such a problem, then you should understand the reasons and do everything possible to resolve the conflict. It is better not to bring the matter to court, but to try to resolve everything peacefully. Even if the noise disappears, it is only with good relations between you and your neighbors, so choose the right solutions.
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The apartment is our fortress, which protects us from a huge number of different external irritants. Unfortunately, very often such a factor as noise prevents you from fully relaxing after a hard day at work. It is worth noting that residents of large cities suffer most from noise. Lately, even various noise-insulating devices have not been able to fully protect against this scourge. First, let's define what noise is.
Noise is random vibrations of various physical natures that differ in the complexity of their temporal and spectral characteristics. Today noise is one of the causes of environmental pollution.
How to correctly measure noise in an apartment from neighbors and who should do it
You can measure the noise in an apartment yourself, but such measurements are unlikely to become the basis for bringing the perpetrators to justice. In order for measurements to have a legally correct basis, they must be carried out and recorded by specially authorized officials.
This may include:
- Judicial officials (in the case where there is already a trial in the case).
- Officials of Rospotrebnadzor or other structural organizations that have a license and the right to carry out and record measuring actions.
- Other persons entitled to do so.
Calling authorized persons for measurement is carried out by submitting an appropriate application. In a situation where noise needs to be measured during an ongoing court hearing, the party wishing to make the measurement must submit a petition to the judge. If it is satisfied, court officials will visit the site and take measurements. Since a small number of courts have such persons, this procedure is entrusted to Rospotrebnadzor officials. Materials and certificates created after the measurement are added to the case file.
The expert who carried out and completed the measurement may be invited to the court hearing to give his opinion and explain to the parties the procedure for conducting the examination.
Where to complain about violators
The fastest and easiest way in this situation is to call the local police officer. It is he who has the right to suppress illegal actions of neighbors. The situation becomes more complicated when a complaint needs to be filed against a legal entity that has located a store in an apartment building or in a situation where noise has caused harm to health.
In these cases, all issues will be resolved exclusively in court. To do this, the victim must write a statement of claim and submit it at the defendant’s place of residence. During the court hearing, it will be revealed whether a violation occurred, whether actual harm to health was caused, etc.
How to resolve the issue with neighbors?
If you are faced with the problem of noise and disturbance of your peace of mind, then you need to know what actions should be taken to resolve this conflict. In this case, you must use all methods to achieve the desired effect.
To do this you should:
- Collect all evidence and evidence of violation of the law;
- When carrying out repairs, check the workers’ documents and construction permits;
- Find witnesses and allies who will take your side;
- Write complaints to the relevant authorities and organizations;
- Contact the police or prosecutor's office for help.
How much does it cost to measure?
In a situation where the measurement is carried out as part of a court hearing, all costs of the examination are subsequently borne by the losing party.
The situation is different in situations where a citizen, on his own initiative, writes an application to the authorized bodies to call a specialist and check the noise level.
Prices vary significantly in different regions. Let's take Moscow as an example. Here, the measurement price includes several elements:
- Departure of a specialist.
- Drawing up the protocol.
- Drawing up a conclusion for the court.
In total, a specialist visit will cost a citizen thirty thousand rubles. This cost may be increased when a specialist visits on weekends or holidays.
In regions remote from Moscow, the cost of measurement can be significantly lower.
Responsibility for violation of norms
In this situation, administrative and civil legal liability is provided. Administrative liability is expressed in the application of penalties. As for civil liability, consequences apply here in the form of compensation for material and moral damage, as well as a ban on the continuation of illegal actions.
Thus, the measurement of the noise volume level is determined in accordance with the procedure established by law. If a violation of the law is detected, the perpetrators may be brought to civil and administrative liability.
From whom can we expect help?
Initially, help should be expected from the police, but even after the first call, they only have the right to make a remark.
But after the second time you can go to the prosecutor's office or court. But such decisions are quite serious and they can forever destroy relations between neighbors. You can also ask for help from housing and communal services workers, who deal with similar problems of violation of norms. Moreover, you can contact them even if your neighbors constantly turn on their car alarms. But the most they can do is talk to the violators and measure the noise with a device. And they, in turn, may not even open the door.
