If neighbors listen to music loudly day and night, what to do according to the law in 2021 and what constitutes a violation of law and order - these questions concern people in apartment buildings not only during self-isolation. How to hold neighbors accountable, what documents need to be collected, how to determine the noise threshold of loud music - you need to know all this in order to act in accordance with the law.
Playing a musical instrument
How to deal with neighbors legally
If you seek advice on various forums because your neighbors are listening to music loudly, you can usually hear the answer: you need to fight it with force. Many reviews even recommend damaging your neighbors’ property or taking revenge using their own method and also constantly listening to loud songs at night. But these actions are illegal.
In a private house
If these measures are taken, then the neighbors above and below will become the injured party and will be able to sue their neighbor.
What to do and where to complain if residents living nearby constantly listen to loud music:
- Contact your neighbor and talk to him. People probably don’t even know that the apartments have insufficient sound insulation, and people who live above and below are also forced to unwittingly listen to the noise of their neighbors. When there are children, you can say that there is a child in the family, and music is disturbing him from sleeping, ask the person to turn off the volume at the designated time.
- Complain to the police. But at the same time, you need to know from what time and until what time your neighbors can turn on the audio system on a weekday and on weekends. Judicial practice shows that this method is the most effective at the initial stage of resolving the issue. As a rule, employees of the Ministry of Internal Affairs can clearly explain to noisy neighbors that they are breaking the law, the observance of which is necessary.
- File a lawsuit. If residents in a neighboring apartment violate the law on silence every day and this is reflected in the report of the local police officer, then you can go to court. It is recommended to call other neighbors as witnesses to confirm the actual violation.
At night time
In some cases, pre-trial resolution of the problem helps residents.
Sometimes you can simply tell your neighbor what the consequences of listening to loud music in the morning and evening will lead to and what consequences he faces if he does nothing, and the person immediately stops disturbing the peace.
To force a response to the problem, make a complaint in writing addressed to the troublemakers of the residents of the house, describe specific complaints against the neighbor. Indicate the punishment for these actions. Be sure to write down approximately how much the legal fees he will have to pay are. In addition, he will have to pay a considerable fine.
Noise in the entrance of a residential building
The complaint must be sent by registered mail. If a person does not want to pay fines or deal with the court, he will definitely stop making noise, shouting or listening to loud music in the evening.
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.
What to do if your neighbors listen to music loudly at night
Most people work during the daytime, so they just need to sleep peacefully at night, but the very loud music of the upstairs neighbors does not allow this.
Neighbors upstairs are noisy at night
Residents often use the following “at-home” methods to get a good night’s rest:
- Install high-quality sound insulation on the floor, ceiling, walls or doors; this will be a kind of “silencer” for the volume. But in this case, you need to seriously spend money, since major repairs will be required. It won't be possible to do this quickly. Therefore, you will have to endure listening to loud music for a certain time, if the neighbor does not stop being noisy.
- You don’t have to call the police, but, for example, buy earplugs and try to sleep. But if there is a small child in the family, then the constant loud sound will disturb him, and the neighbors on the side or below will remain unpunished and will not know that they continue to violate the rights of other residents by listening to music loudly.
- To stop your neighbors from listening to music loudly, you can do this: just turn off their electricity. But the shield is not always located in the corridor or on the street, for example, in a village; if it is a private sector or a plot in a country house, it is sometimes located in the house. If this intruder is drunk, he will be able to lie in wait and use force. This method is highly undesirable.
- When the “musical” neighbors are already very tired and loud music is constantly playing at night, you can simply not let them sleep during the daytime - turn on, for example, a hammer drill or an electric drill. But not everyone will be able to constantly do some kind of work during the day and spend that amount of time to take revenge on the offender. Let's say right away: this is also not the best solution.
Maintaining silence
However, it is recommended to use legal means. First, find out the night restrictions and where to sound the alarm if the silence regime is violated. This period sometimes differs in all regions.
In 2021, federal law required silence after 11 p.m. and before 7 a.m. both on weekdays and on Saturdays and Sundays. Federal Law No. 52 gave people the right to be in a calm environment at this time. These standards have not changed in 2021.
But regional legislation is often stricter. They are the ones who dictate when you can make noise in a particular subject of the federation.
Regions adopt their own silence regulations. The local law on silence of almost any subject of the Russian Federation can be downloaded for free on our website in the appropriate section and try to pacify violators listening to music by putting the text in their mailbox.
Girl plays guitar all day
This can be done if ringing the doorbell is impossible or they are not going to open it. When there is an opportunity to see noisy neighbors, it is better to hand it over with peaceful explanations.
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.
What to do if your neighbors listen to loud music during the day
It happens that the law is violated when not only neighbors play loud music at night, but also during the day. For example, if during the daytime the noise power in the apartment is more than 55 decibels. Also in some regions there is a quiet hour. Typically this period is 2 hours.
Funny company
Therefore, in some regions it is prohibited to make noise between 13.00–15.00. This standard was adopted so that parents can put their children to bed during the day at the designated time. Moreover, they will not have to worry that the child will wake up from loud music or the sounds of an electric drill. Elderly people will also be able to relax during these two hours during the day or have a quiet lunch.
Problems with holding neighbors accountable for making noise at night
Despite the legislative regulation of the right of citizens to silence, certain problems arise with the punishment of violators due to:
- the absence of a specific punishment under the Code of Administrative Offenses of the Russian Federation at the federal level; each region has its own fines;
- reluctance of local police officers to resolve conflicts between neighbors;
- Difficulties in recording the excess of the noise limit.
However, instead of thinking about how to take revenge on your neighbors for making noise at night, you should deal with violations legally.
We advise you to read: “Legal action against neighbors who are music lovers - advice from a lawyer.”
Summarizing
If a person listens to music very loudly, no matter at night or during the day, and does not respond to requests to turn the volume down, this issue needs to be resolved by legal means. Don't forget that the silence law applies not only to city residents, but also to the private sector.
Everyone needs to get enough sleep regularly, and neighbors are obligated to respect this right of other residents.
Child learning to play the trumpet
If they make loud noise or listen to music, you need to find out the level of sound coming from their apartment or private house. To contact the relevant authorities, you can use the services of specialists. They will take measurements and draw up the necessary documents. You can call the police, file a lawsuit, but first you should try to negotiate peacefully with your neighbors.
So who is to blame?
There are many similar cases in our country. There are situations that are more confusing. Sometimes the noise complaint method is used to get people they don't like out of their apartment. People cannot resolve their personal conflicts on their own and involve housing services and the police in this matter.
It doesn’t take long to figure out simple, obvious situations. The problem is solved almost immediately. When a company is loudly walking in an apartment at night, this fact is recorded by the arriving police squad or housing workers upon a signal from the residents. Violators of silence are subject to a “debriefing” and measures are taken from an administrative fine to eviction through the court.
Tenants
If you know that the neighbors who are disturbing your sleep are not the owners of the living space, but are just renting it, you can contact the legal owner of the apartment to resolve the issue. Most likely, you won't have to do anything else.
He himself will personally resolve the issue with problematic neighbors, probably asking them to move out. It is unlikely that he will be pleased with the visits of the local police officer and calls to the police to clarify the situation. It's not in his best interest. Even if you yourself do not know the owner of the apartment, most likely someone from the residents of the entrance or staircase knows him.
Repair work
If you just hear the neighbors talking behind the wall, which does not let you sleep, then they do not fit into the category of noise sounds that disturb the silence. And, most likely, your problem is not in noisy neighbors, but in a poorly constructed building. Perhaps technology was violated during the construction of the house.
What to do in this case?
If you bought an apartment from a developer, then you can file a claim in court, indicating the desired compensation for moral damage. But it’s worth clarifying right away that this process is long, unpleasant and costly. You will have to conduct examinations and prove that the building was actually erected in violation of technology.
If the house was delivered with a rough finish, then insufficient sound insulation may be due to improper interior finishing work by you or your neighbors.
If there were mistakes on your part, then you should correct them. If the neighbors are at fault, then you can try to reach an amicable agreement, pointing out their mistakes and miscalculations. If unsuccessful, you will have to go to court.
If you purchased a secondary home or it is not possible to find a developer, you can do the repair work yourself by installing soundproofing panels. The process is expensive and, unfortunately, not always justified.
The last option is to change the living space and find a much quieter apartment.
Law on silence in SNT in Moscow and the Moscow region 2021
In Moscow and the Moscow region it is allowed to make noise until 9 pm. It is prohibited to disturb the silence of neighbors in the dacha area until 8 a.m. on weekdays. On weekends and national holidays, it is allowed to listen to music and talk loudly until 22:00, not exceeding a volume level of 40 dB, and keep silence until 10:00 in the morning. When the dacha plot is located within the city, then silence should be maintained on weekdays from 21:00 to 8:00, and on weekends and holidays recognized as days off from 22:00 to 10:00.
Public place
Staircases and entrances are considered to be public places. Therefore, all noisy activities, scandals, fights, and drinking alcoholic beverages in these places can be regarded as a violation of order in a public place.
What to do? Feel free to call the police. It is her direct responsibility to deal with such violators. This carries with it administrative and sometimes (rarely) criminal liability. It does not matter whether the violation was a one-time or periodic violation.
