Turn off the hammer drill on time and other rules for legal repairs

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Published: 01/01/2020

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An expert in repair work is not only the one who did not flood the neighbors below with waterproofing and did not bring down the plaster on his head when performing fendering work, but also the one who understands what laws and rules cannot be violated when carrying out work, and what our own rights are infringed upon by others neighbors.

• Repair rules
• Rule 1. Turn off the hammer drill on time
• Rule 2. Don't make noise more than 6 hours a day
• Rule 3. Make noise according to the norms
• Rule 4. Rest after three months yourself and let your neighbors rest
• Rule 5. Think about what to do with construction waste
• Rule 6. Ask yourself: is it possible to transport construction materials in passenger elevators?
• Rule 7: Avoid Wet Areas
• Rule 8: install the hood correctly

Repair rules

The main problem for others when making repairs is noise: this is what often becomes a stumbling block between neighbors. The Housing Code of the Russian Federation in its thirtieth article makes it clear that all owners of residential premises are obliged to use them in such a way that it does not violate the rights of other persons.

The level of possible noise in residential premises is regulated by the following regulations:

1. In Government Decree No. 25 of January 21, 2006.
2. In Federal Law No. 52 of March 30, 1999 “On the sanitary and epidemiological welfare of the population”.
3. In SanPiNs No. 2.1.2.2645-10, 03/23/2003, 2.2.4/2.1.8.562-96.2.2.4.

In addition, many constituent entities of the Russian Federation have currently issued their own so-called Silence Laws, where the rules are discussed in more detail. For example, in Moscow such a legal act is Moscow City Law No. 42 dated April 22, 2014.

Calling the police

According to the law, citizens have the right to call the police in any case of violation of silence. However, in practice, this happens more often when a neighbor systematically ignores such rules and makes noise regularly. Representatives of the police authorities will draw up a protocol in which they will note who and at what time violated public order in the house. This will entail administrative liability.

Rule 1. Turn off the hammer drill on time

As a general rule, noisy work can only be carried out during the daytime from 7 am to 11 pm, and on weekends and holidays from 10 am. However, as mentioned above, many regions have their own opinion on this matter. So, in the Moscow region you can’t make noise from 9 pm to 8 am, in St. Petersburg - from 10 pm to 8 am.

In addition, some constituent entities of the Russian Federation establish time limits for specific repair work using rotary hammers, drills, chippers and other tools: usually 7 pm, and also impose a ban on repairs (non-emergency) on weekends and holidays.

Also, regional Quiet Laws often contain the right of citizens to a “quiet hour” in the middle of the day: usually a couple of hours in the afternoon, for example, from one to three.

Let's look at some regional graphs.

How to prevent conflict?

Neighbors' dissatisfaction with loud noises is quite expected. To understand them, put yourself in their shoes. Of course, the best option is to renovate immediately after moving into a new building, where apartments are rented without finishing. Then the majority of the people do noisy work and there seems to be no one to complain to.

Conflicts, as a rule, are associated with those neighbors who do not live in new apartment buildings. Then you need to try to come to an agreement with them, for example, by drawing up a receipt stating that they do not mind listening to the sounds of repairs at certain hours. But only people who are basically non-conflict can do this.

The noise of neighbors with small children, elderly citizens, and those who work shifts and want to get enough sleep during the day is especially unnerving. It is almost impossible to come to an agreement with them; all that remains is to point out to them the fact that at certain hours you have the right to make repairs and this is the rule of law. But be prepared that they will express their dissatisfaction and periodically resort to the help of a district police officer or a representative of the management company.

In some cases, you can agree with some neighbors about the time of noisy work, and at other times carry out other work where no tools are involved, for example, plastering walls, wallpapering, taking out garbage, etc. Of course, it will not be possible to agree on a time with everyone, but it is possible to resolve the issue with conflicting citizens.

It is important to know that construction waste must be packed in special bags. It is prohibited to use passenger elevators for removal; waste must be transported only in cargo cabins.

Rule 3. Make noise according to the norms

Since we are talking about repairs, and it is legal to carry out repairs only during the daytime, we will talk about noise standards for the day.

According to the sixth chapter of SanPiNA No. 2.2.4/2.1.8.562-96.2.2.4, during the day the maximum noise level in residential premises should not exceed 110-115 decibels.

Repair work, not to mention demolition of walls, produces about 100 decibels.

Acceptable noise level

It also matters not only how long you can work with a hammer drill, but also what noise level such work will produce. Thus, the standards establish the following indicators:

• during the day – up to 55 dB;
• at night – up to 45 dB.

For comparison, the noise level during a normal conversation is about 60 dB, and, for example, a car alarm will reach 80 dB.

Rule 4. Rest after three months yourself and let your neighbors rest

Regional legislation most often stipulates that repairs should be carried out for a period of no more than three months in a row. However, for new buildings (houses that have been completed for no more than a year and a half), for example, in Moscow legislation, an exception is made - repairs can be made there for up to six months. In new buildings there is also no “quiet hour” rule or a ban on work on weekends and holidays.

What to do if neighbors violate the law on silence

Not everyone knows when to make noise, and some even deliberately ignore such requirements. Then a completely logical question arises: how to deal with careless neighbors? Depending on how critical the situation is, there are the following authorities that can be contacted in such cases:

• police;
• Rospotrebnadzor;
• management organization;
• court.

Rule 5. Think about what to do with construction waste

Another problem that is a frequent contentious topic between neighbors is construction waste. It should be clarified here that the waste generated during repairs must be divided into two types:

1. Bulky waste includes furniture, old equipment, etc. Such waste must be disposed of either at special sites equipped near standard bins, or in special bins, which should be located in each district (clause 11 of Government Decree No. 1156 of November 12, 2016). Such waste is removed by the regional MSW management operator in accordance with a standard agreement (clause 7.1 of GOST R 56195-2014).
2. The second type is construction waste itself : finishing materials, packaging, dismantled parts, doors, plumbing fixtures, etc. Such waste should never be thrown into standard bins, otherwise it will result in a fine of up to two thousand rubles (Article 8.1 of the Code of Administrative Offenses of the Russian Federation) . Construction waste must be removed by a specialized organization at the expense of the citizen carrying out the repairs.

Punishment for breaking silence

To punish noisy neighbors you will need to do the following:

• if the work time is violated, record the offense by contacting the district police officer or supervisory authorities: Rospotrebnadzor or SES with a complaint;
• collect signatures for the appeal from other dissatisfied neighbors.

The complaint must be considered and the violator must be punished in the form of a warning or a fine in the range of 1-5 thousand rubles.

Neighbors can also turn to the courts, demanding compensation for moral damage. Systematic disturbance of peace may lead to demands for the eviction of a citizen from an apartment building.

Rule 7: Avoid Wet Areas

It is prohibited to move any wet area, be it a toilet, a bathroom or a kitchen sink, that is, it will not be possible to officially formalize such a redevelopment. This prohibition is due to the fact that wet areas are designed with special additional safety measures for neighbors below (to prevent water from leaking). But there are some exceptions:

• if the bathroom (or other wet area) is supposed to be expanded due to non-residential premises : a corridor or storage room;
• non-residential premises are located on the ground floor;
• the apartment is located on the first floor;
• apartment on two levels.

Peaceful settlement

Before going to any of the authorities mentioned above, you should contact your neighbor and have a peaceful conversation with him. Perhaps the person simply does not know what time it is possible to drill, and will respond to your remark by stopping disturbing the hours of silence. If the conversation does not yield results and noisy work continues, it makes sense to involve the Rospotrebnadzor authorities. Its specialists will visit the house and measure the noise level, determining whether it exceeds the permitted standards. If a neighbor actually violates the standards, an appropriate conclusion will be made about this. On its basis, the district police officer has the right to draw up a protocol on an administrative offense.

Penalties

The main purpose of contacting the police is to bring the perpetrators to justice. Penalties are provided for such offenses. The size of the fines depends on who exactly the charges are brought against:

• for individuals – 1-2 thousand rubles;
• officials - 4-8 thousand rubles;
• for legal entities – 40-80 thousand rubles.

Ordinary citizens can get away with a reprimand for the first time, however, with each subsequent violation, the amount of penalties will increase.

The range of fines indicated may vary slightly depending on the region of the country.

Where to complain about violators

In most cases, people first try to solve the problem in an amicable way. They come to an apartment where the noise level is higher than normal or where they are being loud at inappropriate times and make a remark. Sometimes it really helps. If not, act decisively. We need to make sure there is evidence.

For example, an audio or video recording where you can clearly hear what is happening is suitable. The main thing is to make it clear when this recording was made. Because they often ask if neighbors are making noise, what to do when the culprits of the noise have calmed down before the police arrive.

But if the local police officer came when the entrance was quiet, show him what happened before and write an official statement. The investigation will be held even if the door is not opened to the policeman, and the guilty persons disperse, realizing the dangers of their excessive fun. As a result, a fine will be issued to the owner of the problem apartment or to the tenant who rents the property and is too noisy. The full list of authorities where you can contact includes:

1. Police stronghold.
2. District or city department.
3. Rospotrebnazor.
4. District Civil Court.

If there is evidence or people ready to confirm the fact of a violation, it is possible to achieve not only that the perpetrators are fined. They may be forced by the court to compensate for moral damage. Naturally, the judge will set the amount after the plaintiff proves how seriously he suffered.

The trial may take place in absentia. The defendant's failure to appear is not sufficient reason to reschedule the hearing or dismiss the case. Just one day a receipt for payment of the fine will arrive in the mailbox at the violator’s address. It will not work to ignore it and not pay the money. And, knowing their rights and the requirements of the laws, anyone who is not satisfied with the fact that noisy neighbors behave inappropriately, especially at prohibited times, can freely submit an application. The only limitation is incapacity. But then the interests of the injured person are represented by a guardian or trustee.

Other requirements for construction work in apartments

When repair work is carried out in residential buildings, problems arise not only with loud sounds. Odors and welding work have a negative impact on people. Restrictions on work are also associated with the need to ventilate the premises when, for example, using paint. By nightfall, people must have time to ventilate the premises, so painting work can only be done during the day.

If the neighbors of the apartment being renovated consider that the air in the house is too polluted with dust and toxic fumes, then work should be stopped at least for a while. Otherwise, the SES will stop them forever.