According to the provisions of SanPiN, the physiological noise level for the human hearing organs is 55 decibels during the day, and 40 decibels at night. Increasing the volume of sounds harms the health and emotional state of people. At 150 dB there is a risk of hearing loss. For comparison, the sound of a hammer drill is rated at 140 dB, a hairdryer and vacuum cleaner - at 80 dB, and an average volume conversation - at 60 dB.
The laws of the Russian Federation provide for the protection of peace and quiet of citizens; for violation of established standards, administrative liability is imposed with the imposition of a fine on the culprit.
From when and until how long can you make noise on the street according to the 2021 law?
The right of citizens to silence and rest at night is regulated by the Federal Law “On the Sanitary and Epidemiological Welfare of the Population” dated March 30, 1999 N52-FZ.
The law clearly defines daytime and nighttime hours:
- Night hours - from 23 to 7 o'clock on weekdays and from 22 to 10 o'clock on weekends.
- Daytime hours are from 7 a.m. to 11 p.m. on weekdays and from 10 a.m. to 10 p.m. on weekends.
- Quiet time is from 13:00 to 15:00 on weekdays and weekends. These hours are reserved for the recreation of young children and the elderly.
In different regions of the Russian Federation, the designated time may vary slightly according to the decision of regional authorities.
On officially designated holidays, making noise on the street is allowed until 4 a.m.
Attention! Any noise related to the elimination of emergencies or emergencies is not subject to Federal Law N52 and is not punishable by law.
At this time, silence must be observed in the adjacent territory of the apartment complex, near private houses, social and medical institutions, including sanatoriums and recreation centers. also applies to entertainment venues located near residential areas.
Noise that the law classifies as a violation:
- various sound amplifiers used for listening to music or watching movies;
- intentionally setting off a car alarm;
- use of pyrotechnic equipment;
- loud conversations and shouting;
- use of musical instruments;
- carrying out repair and construction work;
- noise from animals provoked by the owners.
Important! For violation of silence at night, a fine is provided for in Articles 6.3 and 6.4 of the Code of Administrative Offenses of the Russian Federation: for individuals - from 100 to 1,000 rubles, for legal entities - from 10,000 to 20,000 rubles, for officials - from 500 to 2,000 rubles.
Fines
If noise restrictions were violated in St. Petersburg due to playing loud music, singing at night, or shouting, then the following sanctions are imposed:
- Individuals – from 500 to 5000 rubles.
- Officials – from 25 to 50,000 rubles.
- Legal entities – from 50 to 200,000 rubles.
If a citizen begins to set off fireworks and explode firecrackers at night, then a fine of 1000-5000 rubles will be imposed for this. For others, the same penalties are provided as described above. It should be noted that in the previous paragraph it is possible to get away with preventive measures. This is only a monetary penalty.
If unloading, loading or repairs are carried out at a time prohibited by law, the punishment will be even more severe:
- Individuals – from 3000 to 5000 rubles.
- Officials - from 25,000 to 50,000 rubles.
- Legal entities – from 250,000 to 500,000 rubles.
If individuals start repairs at night, they will be punished with a fine of 5,000 rubles. Responsible persons will have to pay 25,000 - 50,000 rubles, and organizations - 500,000 - 1,000,000 rubles.
When should you not make noise in a public place?
Cafes, bars or restaurants located near residential buildings must also comply with the law on silence at night from 23 to 7 o'clock.
If the activities of such an institution disturb the peace of citizens of nearby houses, the first step is to file a collective complaint with the administration of the institution.
As practice shows, complaints made collectively receive a faster response than complaints made by one or several people. If, as a result of the appeal, the noise continues at night, then you should collectively file a complaint with law enforcement agencies.
The application must indicate:
- Full name of the organization to which the application is being sent.
- Personal details of the applicant.
- Description of the problem.
- Requirements for solving the problem.
- Date, personal signature.
You can attach evidence to your application: photos and videos, a statement to the application administration, etc.
Based on the results of the appeal, an inspection will be carried out and appropriate measures will be taken in accordance with current legislation.
In the village
According to the Federal Law “On the Sanitary and Epidemiological Welfare of the Population,” the same standards apply in rural areas as in cities. The same requirements apply to summer cottages.
Violation of peace and quiet after the permitted time is punishable by law.
In the courtyard
If noisy groups constantly gather under the windows or a neighbor’s dog constantly barks, preventing you from resting at night, these actions are also direct violations of Federal Law.
To begin with, you can try to peacefully resolve the issue with the parties to the conflict. If the action does not bear fruit, then you can make a statement:
- To the management company.
- To Rospotrebnadzor.
- To law enforcement agencies.
In order for the application to be more powerful, audio recordings of conversations, videos and photographic facts of the violation must be attached to the document. A collective complaint will have a greater resonance and the time frame for its resolution will be faster than a complaint from one citizen.
At the recreation center
Recreation centers and houses, hotels, campsites are also objects that fall under the Federal Law “On the Sanitary and Epidemiological Welfare of the Population” and are subject to general requirements for maintaining silence.
Outside the city and in nature
There is no law defining noise standards outside urban areas and in nature. The rules of behavior in nature depend on the level of education of a particular person.
On private property
The ban on noise at night from 23 to 7 am, if it violates the rights of citizens to peace and night rest, also applies to private areas. The violator will be held accountable for any inconvenience caused.
Authorized persons and bodies
To punish the culprit of the noise, you should contact an authorized person. They can be:
- District - neighbors (preferably several) file a written complaint in any form.
- Police - they are mainly called when there is noise at night. It is important to ensure that a protocol is drawn up. If an employee refuses, you must require a written explanation of the reason. You can also contact the police without calling them by writing a statement.
- Rospotrebnadzor - its employees can measure the sound level, carry out an examination (for example, in case of regular violations during the day), and issue an appropriate conclusion (protocol).
Therefore, you should call a specialist directly during the noise; the service is paid. However, the examination is not carried out in relation to one-time disturbances or sounds caused by normal life activities (baby crying, slamming doors, talking, and so on). - Administrative Commission - you can contact it directly or demand the transfer of materials about the offense from the police. In the first case, it is advisable to enlist the support of neighbors and provide evidence of noise.
- The prosecutor's office, the court - if there are witnesses and facts of violation, it is possible not only to impose a fine on the culprit, but also to recover material damage.
Before contacting the authorities, it is recommended to record the fact of noise. If the source is repair activity, it is recommended to check the workers’ documents and construction permits. If law enforcement representatives arrived directly during the period of the violation, no evidence is required.
If the violations are persistent, it is possible to achieve the eviction of noisy residents (for example, tenants) or the suspension of business activities if the source of the noise is an organization.
The prosecutor is advised to act within the law, since his actions can also be recorded and transferred to law enforcement agencies. For example, attempts to deal with a noisy neighbor by force, threats of physical violence.
We talked in more detail about how to deal with noisy neighbors and what to do if negotiations did not help in a separate publication.
Construction Noise Law
There are time limits for carrying out repairs near residential buildings, medical and social institutions.
Regardless of the regional location in the country, repair work can be carried out in the period from 9 to 19 hours with a break for quiet time from 13 to 15 hours. Work that does not produce much noise can be carried out up to 22 hours.
The period within which the work must be completed is also legally fixed. It is equal to three months.
On holidays and weekends, making repairs that cause discomfort to citizens is prohibited.
Difficult Aspects
The Quiet Law of 2021 does not establish a quiet hour. This is despite the fact that such a break for sleep and rest during the day is simply necessary for children living in apartment buildings. Elderly people also need it. Moreover, proposals for its adoption have been received repeatedly. But this point has not yet been enshrined in law.
Often people do not understand where to complain if noise occurs during prohibited hours. The situation is complicated by the fact that employees of the law enforcement committee, and not representatives of the police, are authorized to draw up such protocols. But if your neighbors are noisy at night, then you need to call the police. If neighbors violate the law on silence on a regular basis, then you can write a statement against them to the local police officer. If the violation comes from a legal entity, the complaint is sent to Rospotrebnadzor.
Features of the law on silence in different regions
In Moscow and Moscow region
The hours of silence in Moscow and the region are enshrined in Law No. 42 “On maintaining the peace of citizens and silence at night in Moscow” dated December 14, 2016.
- Night hours - from 23 to 7 o'clock on weekdays, from 22 to 10 o'clock on weekends.
- Daytime hours - from 7 to 23 hours, from 10 to 22 hours on holidays.
- Quiet hours - from 13 to 15 hours, from 19 to 9 hours on weekdays.
In St. Petersburg
- Night hours - from 22 to 8 o'clock on weekdays, from 22 to 12 o'clock on weekends.
- Daytime hours - from 8 to 22 hours on weekdays, from 12 to 22 hours on weekends.
In other regions
Each region has its own rules establishing a period of silence, which cannot contradict the basic legislative acts of the Russian Federation.
For example, in the Vladimir region, violation of silence is regulated by Article 11 of the Law of the Vladimir Region dated February 14, 2003 No. 11-OZ “On Administrative Offenses in the Vladimir Region.” Night hours are set from 22:00 to 6:00.
Read more about the Law of Silence in the regions
Nuances and exceptions
These rules and liability do not apply to cases where noise is caused by:
- with crime prevention;
- with the prevention or elimination of accidents, emergencies;
- with carrying out urgent and urgent work;
- with religious, sports, cultural events (agreed with the authorities);
- with loading and removal of snow.
Read: Law on silence in the Tyumen region in 2021: how much noise you can make, regime
If the letter doesn't help
Often, upstairs neighbors are in no hurry to make comments to their children, even after numerous comments. Then you have to fight for your right to sleep peacefully, without hearing constant crying, without flinching from the fact that the neighbor's children are running overhead.
It is worth turning to the chairman of the house council for help and asking for an explanatory conversation. You can make a similar request to the district police officer.
As a rule, many people are affected by the appearance of a law enforcement representative on the doorstep, and it is quite possible that this will help calm both children and parents.
On the other hand, the district police officer has no right to do anything other than conduct a conversation, and some residents may not pay any attention to his visit.
If all of the above measures have not changed the deplorable situation in any way, then you will have to take a more serious step - file a claim in court. When the neighbors above are frankly annoying with their behavior, this is the only possible way out of the situation.
It is necessary to enlist the support of other residents, pick up all copies of letters left for parents of noisy children, you can take photographs of the plaster that has crumbled due to the fact that children are constantly running and jumping on top.
If there was an appeal to the local police officer, then it is advisable to document it too. It is possible that adults will be brought to their senses by the very fact of being summoned to court and they will take action against their children. Or perhaps they will be subject to an administrative fine.
As a rule, after this you no longer need to do anything - the crying, stomping and screaming in the apartment above will subside as if by magic. But not every person will go to trial because of ill-mannered neighbor children who run around too much.
○ Features of regulation of repair activities.
Since there is no uniform law on silence at the federal level, in each specific case you should be guided by regulations issued by the authorities in your place of residence. The more detailed the time during which repair work is possible is indicated, the fewer problems will arise with neighbors regarding compliance with the noise level that will be generated during the repair work.
It is important to remember that repair work must be completed within the stipulated time frame. In some regions it is 3 months, in others it is 4 or even five. During the repair period, the noise emitted should not exceed 40 dBA. A tool that is too loud or vibrating should not be used.
✔ On weekdays.
The start of repair work depends on the start time of the working day in each specific region. Usually it is 8 or 9 hours. Therefore, repair work on weekdays is allowed to begin no earlier than 9 a.m.
The completion of repair work is also directly related to the end of working hours. Plus the time it takes to get home. Therefore, repair work must be completed before 19:00. Some regions allow repairs to take an hour longer. However, this depends on the specifics of the region.
At the same time, the law does not allow exceeding the established duration of repair work during the day. That is, you can continuously make noise for no more than 6 hours in a row. Then you should take a break for two hours. This will allow neighbors who are at home to take a break from the noise.
✔ On weekends and holidays.
On weekends and holidays, which are established at the national level, it is prohibited to carry out repair and construction work. This applies to all regions of the country without exception. It is generally accepted that weekends are Saturday and Sunday. However, Part 2 of Article 111 of the Labor Code defines weekends as follows:
“The general day off is Sunday. The second day off in a five-day work week is established by a collective agreement or internal labor regulations. Both days off are usually provided in a row.”
Thus, it is difficult to classify Saturday as a day off, since the legislator specifically says only that Sunday is a day off. Based on logic, Monday can also be the second day off. Therefore, no one can give advice on what you personally should do with Saturday, classify it as a working day and carry out repairs in your apartment. Find out how this issue is regulated in your region and coordinate repairs on Saturday with your neighbors. Otherwise, either take a vacation or hire workers to renovate your apartment in your absence.
What to do if the conversation doesn't go well?
You can use another method of conveying information to noisy neighbors whose child is crying, running, jumping, or disturbing other residents’ sleep. You need to write a letter that clearly states why you are unhappy and leave it at the door or drop it in the mailbox.
If there are a lot of dissatisfied people, and restless children greatly disturb the neighbors above, below, on the sides and even in another entrance, then it is best to create such a letter collectively.
It is also useful to make copies of such notes. They will indicate that you have tried to deal with the running and crying in peaceful ways. For the same reason, it is necessary to draw up the paper correctly, without insults or the use of obscene language.
Drawing up a written appeal to the parents of children who have taken out the entire entrance may be the only way out in those situations if adults react too violently to the slightest comments regarding their child.
To avoid a serious quarrel and save your nerves, it is worth negotiating unilaterally, without indicating your apartment number or other data. In this case, parents will be informed that their children are seriously disturbing other residents, but will not know who exactly decided to complain.
