“My home is my castle,” we sometimes think. But what if this fortress is constantly besieged from all sides by hordes of barbarians, screaming and throwing garbage? How to find justice for neighbors who do not want to comply with the rules of living together in an apartment building? Roskachestvo experts speak.
Any behavior of your neighbors can spontaneously and situationally irritate you. However, from a legal point of view, the following actions will be considered a violation:
- Noise at night (or during quiet hours, if applicable in the region).
- Cluttering of common corridors, vestibules, staircases.
- Scattering waste on stairwells and other common areas.
- Violation of sanitary requirements: radical cluttering of the apartment, having a large number of pets, which do not receive proper care.
Causes of noise from a neighboring apartment
The causes of noise can be completely different:
- Loud music.
- Repair work.
- Screams.
- Whistling.
- Singing.
- Playing musical instruments.
- Loud knocking, rustling, grinding.
It is necessary to distinguish between systematic noises, which can be generated by people or equipment at any time of the day, and loud sounds at night. The legal difference between them is that systematic noise is a violation of sanitary standards, and loud noises at night are a violation of administrative legislation.
Accordingly, neighbors need to act depending on the specific situation. Questions about regular violation of silence by devices and citizens during construction and road work, as a result of the activities of public catering organizations, the functioning of public transport, etc. fall within the competence of Rospotrebnadzor.
As for sharp sounds made at night (loud music, screams, whistling, singing, the use of pyrotechnics, repairs at neighbors' houses, etc.), these are offenses that police officers have the right to record. As for the consideration of cases of administrative offenses, the powers are vested either with internal affairs officers or administrative commissions.
Collective complaint to the police against neighbors
The response to one citizen's complaint is not fast enough. It is more effective when a group of people united by a common motive for discontent contacts the authorities. Together they file a complaint against their neighbors to the district police officer in writing.
The document must contain:
- confirmation of violations (photos, videos);
- signatures of all applicants.
It is important that evidence of the neighbors’ guilt is available and attached to the appeal. Without this, the police are unlikely to take action. In addition, you can receive a counter-accusation from a neighbor for slander.
All received requests are registered, checked, and a response is issued within 30 days.
IMPORTANT
It is not necessary to go to the precinct as a whole group; 1 person will be enough to become a representative. In the response document, the district police officer will list what he did to help you. Or he will write a reasoned refusal, indicating the reason.
How to measure noise level
To measure noise, special instruments called sound level meters are used. Noise can also be measured using special computer programs. Today there are even mobile phone apps that measure noise levels. Measurements made by non-professionals can only indicate that the noise level is exceeded, but the readings of such devices cannot serve as evidence in court.
If the noise in an apartment is systematically excessive, its residents need to seek professional help from specialists from Rospotrebnadzor (it is this authority that is empowered to monitor compliance with sanitary standards and rules).
Rospotrebnadzor specialists will measure the noise in the apartment, indicate the location of its source and draw up a competent conclusion, which can be used in the future when contacting law enforcement agencies or the court.
Application to the district police officer against a neighbor
IMPORTANT
It doesn’t matter whether a statement against neighbors is written to the district police officer according to the sample or not, it must contain accurate data about what happened.
In the header you should indicate:
- position, full name of the addressee;
- applicant's contacts.
In the middle of the sheet:
- the word "Statement";
- what specifically disturbed your peace;
- where and how everything happened, the exact time and circumstances of what happened (in detail);
- that these actions violate paragraph 3 of Article 17 of the Russian Constitution;
- “I ask you to take measures to... and report it to me.”
Bottom right:
- signature;
- date of.
The police station will tell you the name of the police officer to whom you should address your application. It is important to indicate in it the address where you actually live, and not by registration. Anonymous complaints are rarely taken into account when something serious has happened.
The incident should be described in great detail. It is important to describe what you yourself saw. If there are people who confirm your words, provide their contact information.
Formulate a list of violations for neighbors to eliminate in a separate sentence. List the measures that need to be taken against the offender. They must comply with the laws of the Russian Federation.
Additional Information
If the local police officer is not there, you do not have to try to get an appointment with him. The duty officer will accept the request and register it. Then he will transfer the document to the addressee, and you will be contacted for further work.
What noise level is acceptable?
The maximum permissible noise levels during the day and night in residential premises are given in the table in clause 6.3 of Sanitary Standards 2.2.4/2.1.8.562-96. Thus, the noise level during the day should not exceed 55 dB, and at night - 45 dB. If we are talking about hotels and hostels, then the indicators are 60 and 50 dB, respectively.
To make it easier to navigate these figures, you need to know that a clearly audible conversation between neighbors is a noise level of about 40–45 dB. An audible radio or TV is about 50–55 dB.
How to write a statement to the local police officer about your neighbors dog?
Attention:
According to the law, a dog is an object of property for a person. Therefore, the owner is responsible for it, like for any other property: a car or an apartment. And improper keeping of animals for irresponsible owners can result in administrative, sometimes even criminal liability.
In the header of the application to the district police officer they write about the neighbors' dog:
- position and full name of the district police officer;
- address, telephone number of the applicant.
In the middle of the sheet:
- the word "Statement";
- tell in detail about what happened: how, when and where the dog caused damage or scared you;
- it is important to indicate that you made attempts to change the situation yourself (for example, you politely pointed out to your neighbor that a dog without a leash and muzzle could scare children in the yard), and that the neighbor did not take your request into account;
- indicate that the neighbor’s actions are contrary to the Constitution of Russia and the Federal Law;
- add “please take action to... and inform me.”
Bottom right: signature, date.
Additional Information
The period for consideration of an application for a neighbor’s dog by the district police officer will be shorter if the application is drawn up by a team.
When neighbors are not allowed to make noise
In addition to the maximum noise level, in Russian administrative legislation there is a ban on any loud sounds at night.
Night time is usually considered to be the period from 23 to 7 o'clock. During this period it is prohibited:
- listening to loud music, whistling, singing, screaming;
- carrying out construction, repair and other work that produces noise;
- use of pyrotechnics, etc.
However, the range of hours when noise cannot be made is established by regional legislation. And if you can’t make noise anywhere from 11 p.m. to 7 a.m., then additional restrictions may be established in a number of regions.
Thus, making noise may be prohibited during quiet hours - from 13 to 15 hours daily. Additionally, there may be additional restrictions for weekends and holidays. For example, a period of silence on weekends can last from 11 pm to 10 am, etc.
Also, do not forget that in some cases noise at night will be legal. For example, if utility services eliminate an accident, criminal activities are suppressed, etc.
In addition, ordinary human activity is not considered a violation of the legislation on silence. For example, if we are talking about the sound of water, crying children, etc.
Step-by-step plan for filing an application to the district police officer against neighbors
When the actions of people living in the same building as you interfere with your life in peace, you should follow the step-by-step instructions given below:
- Discuss the situation with a police officer and tell him about the problem.
- File a statement if there is no response to a verbal complaint.
- Make sure that the application for neighbors is accepted. Confirmation will be the receipt stub, which is best kept.
- Wait for an official letter. It should contain information about the work done by the district police officer based on your request.
The application can be submitted:
- orally : the district police officer fills out the document, you sign;
- in writing , completed independently by the applicant;
- in writing, send by mail.
Additional information
An application sent by mail will be received by a police officer later than a statement brought in person with a complaint against neighbors. By law, police officers have up to 30 working days to prepare a response.
Procedure step by step
So, if neighbors make noise at night or at other times that are considered quiet hours, you need to contact the police. Usually, in order to quickly record the facts of violation of silence, a duty squad is called.
The arriving police will conduct a conversation with noisy neighbors and, if necessary, draw up a report on an administrative violation.
After drawing up the protocol, it is submitted to the administrative commission, which will decide what punishment should be imposed on the offenders.
If noise limits are regularly exceeded during the day, for example, during construction work or the operation of certain equipment, then specialists from Rospotrebnadzor are invited to take noise measurements. The resulting conclusion will be evidence. How to use it is up to the residents themselves. You can file a complaint with Rospotrebnadzor, the prosecutor's office, you can file a lawsuit in court with a demand to oblige neighbors, other citizens or an organization to stop the relevant actions, to recover moral damages, etc.
What to do if neighbors litter in the entrance and in the yard?
If your neighbors throw garbage out of the window (yes, this also happens), or leave waste in the entrance or in the yard, according to the law, they can also be dealt with by the authorities.
What to do if neighbors litter? First, try to resolve the issue without involving third parties: talk to the offender; remind them that such behavior is prohibited; ask that this not happen again in the future.
If conversation does not help, collect evidence of the violation. Photos and videos of a neighbor throwing out garbage past a container or in the entrance, as well as witness testimony will be useful to you. It wouldn’t hurt to find out the name of the one who is acting up. Observe how often garbage appears in the wrong place.
What threatens violators?
Administrative liability for violating silence is established by regional administrative legislation. On average in Russia, violators of silence at night will face a fine in the range of 1,000–2,000 rubles.
If held accountable for violating sanitary requirements, Rospotrebnadzor employees may impose a fine on the culprit ranging from 500 to 1000 rubles. according to Art. 6.4 Code of Administrative Offenses of the Russian Federation.
So, the procedure for recording violations of silence and bringing violators to administrative or civil liability is spelled out quite clearly in the legislation. However, the amount of fines that violators can expect is insignificant.
Unlock access to the private part of Clerk with a Premium subscription. Get hundreds of webinars and online courses, unlimited consultations and other proprietary content for accountants.
Hurry up to subscribe with a 20% discount until October 15, 2021. Read more about “Premium” here.
Punishment and fines
If an administrative violation is proven, the neighbor will face a fine. The amount depends on the type of offense and the region where it was committed. Penalty for noise in Moscow at night: 1,000 - 2,000 rubles.
During the day: 100 - 1,000 rubles.
For your information
This fine is given for noise and frequent car alarms that make it difficult to sleep at night.
Fines for improper keeping of animals:
- keeping pets in the entrances, in the courtyards of the house: 1000 - 2000 rubles or a warning;
- animal pollution of yards and playgrounds: 1000 - 2000 rubles;
- lack of registration and vaccinations for a cat/dog: fine 2000 - 6000 rubles.
Fines for insult: 1000 - 3000 rubles.
