What to do if the neighbor's children above are constantly making noise, stomping and running: law 2021

In the modern world, most city dwellers live in apartment buildings, which means they must have neighbors. On the one hand, it’s safer in terms of safety (the inhabitants of the apartment nearby can always come to the rescue in an emergency, for example, in case of a fire, robbery, or flooding). On the other hand, this means that people whose homes are separated by walls must respect each other's rights. One of these rights is the right to rest and freedom from noise at certain times of the day.

Sound signal level standards

The stomping, running, and screams of the neighbor's child from above cause lack of sleep, bad mood, and exacerbation of chronic diseases. Treat the problem philosophically, the child will grow up and will not make noise. Inexperienced parents are not always able to calm their child down. Be understanding.

In an apartment in an apartment building

If children on top are jumping like crazy in the daytime or after 10-11 p.m., familiarize yourself with Russian legislation. Art. 23 Federal Law No. 52 regulates the noise level standards in residential premises throughout the country: during the day - no more than 55 dB, at night - less than 45 dB. Children's noise itself is no exception.

Rules for maintaining silence are regulated by regional authorities.

Local authorities independently determine the period of silence. So, Moscow and the Moscow region allow loud sounds until 23 pm. In the Moscow region there is a mandatory daytime quiet hour from 13.00 to 15.00. St. Petersburg and the Leningrad region refused to introduce a quiet hour.

The silence law in 2021 in some regions is different from previous years 2021, 2021. However, sound that is contrary to the standards of silence is considered a violation. This is 55 dB during the day, 45 dB at night.

When filing a collective, individual complaint, the homeowner will have to answer before the law. For example, punishment applies to parents of a crying child who do not try to calm him down.

Stomp from above

It happens that the neighbors from the upper apartment have a child constantly running and jumping, legal standards are not observed. Complain about noise level violations.

Sounds have their own parameters. The table below shows some types of sound vibrations.

Is swearing considered child abuse in the eyes of the law?

The law protects the child from all forms of physical or psychological violence, insult or abuse, neglect or neglect, abuse or exploitation, including sexual abuse. It is assumed that the parents protect the child from this, and if the parents do not protect or are themselves to blame, the state intervenes.

However, there are no specific rules for determining what will be violence (or not) in everyday life. The main thing is causing mental or physical harm to the child. Harm as a basis for bringing liability can be either real (that is, the child has actually suffered from screaming) or potential.

A detailed description of violence is found only in criminal law. Criminal liability has been established for failure to fulfill parental responsibilities associated with child abuse. Abuse specifically: deprivation of food, shoes and clothing, gross violation of the daily routine determined by the psychophysiological needs of a child of a certain age, deprivation of sleep and rest, failure to comply with basic hygiene standards (resulting, for example, in head lice, scabies, etc.), failure to follow recommendations and doctor’s instructions for the prevention of diseases and treatment of the child, refusal or evasion of providing the child with necessary medical care, etc., as well as the use of unacceptable (in the legal and moral sense) methods of education and treatment of the child, including all types of mental, physical and sexual violence against children.

Ways to solve the problem

Let's figure out what to do if a neighbor's child constantly runs and jumps on top, and we'll identify ways to solve the problem.

Screams in the room

Peaceful solution to the issue

When your neighbors’ child is constantly crying, you should not immediately complain to the supervisory authorities. Find out from your neighbors in a calm tone why the baby is constantly crying. What is the reason that a child suddenly begins to cry loudly and violently? Maybe he’s sick, he’s teething. Be patient - these are temporary difficulties.

It happens that the child on top jumps like an elephant. Approach your neighbors. Explain the situation that a child is constantly stomping on top and thereby disturbing you. Invite them over for a cup of tea and let them listen to the child stomping loudly overhead. Conduct the conversation in a calm tone. No need to shout. Otherwise, out of spite, your neighbors will not react to your child’s stomp.

Anonymous complaint

Let's consider the option when the conversation about stomping and noise did not take place. For example, the upstairs neighbors are not at home or you are afraid of getting a rude answer. Then compose a letter, write the text. State your complaints about your child's stomping.

Noise during the day

Write the letter anonymously, do not indicate the apartment number. Leave the document under the neighbor's door. The child's parents will not know which neighbor is unhappy with the child's stomping. Conflict will be avoided.

Make copies of your written complaint. This will be proof that you tried to resolve the problem of trampling and noise peacefully.

Can a child be removed from the family if his parents scold him in a raised voice?

A child can be taken away if there is an immediate threat to his life or health - this is the norm in Article 77 of the Family Code. The article does not explain what exactly is considered an immediate threat, that is, this decision remains at the discretion of the guardianship authorities.

In addition, the police can pick up a child if he is found to be neglected. Sometimes the police believe that a child is neglected even when the parents are nearby - if, in the opinion of the police, the parents are not able to supervise the child.

If a child is taken away, the guardianship authorities are required to draw up an act and, within a few days, notify the prosecutor's office and submit to the court an application for deprivation or restriction of parental rights.

If a “neglected” child is removed, then it is not necessary to demand deprivation of parental rights: when the police find the parents (or the ability to look after the child returns to the existing ones), the child returns to the family.

The likelihood of seizure without serious grounds is very low. But it exists, because there are no clear rules for removal, and guardianship officers may make the wrong decision.

Which supervisory authorities can help?

Sometimes, after repeated verbal comments, the neighbors upstairs are in no hurry to calm down the fidgety behavior. You can complain to higher authorities. Let's figure out where to turn when the neighbors' children upstairs are very noisy every evening. To get started, contact the chairman of the house or the district police officer.

Children running and jumping in the kitchen

As a rule, the appearance of a representative of the authorities has the desired effect. One explanatory conversation will be enough, and the irresponsible neighbors above will be able to learn to influence the brats.

Application to court

When the upper tenants are annoying with their behavior, noise and stomping, there is only one way out - an application to the court. Talk to the neighbors on the side, below, from the next entrance. They also experience inconvenience with the restless behavior of children.

Writing a collective statement against noisy neighbors will get things moving faster.

Attach copies of letters left for the children's parents. If you called the local police officer, wrote him a statement and there is a corresponding document, then attach a copy to the statement.

What can be done when neighbors shout at children?

From a legal point of view

says Maria Merkuryeva, lawyer:

Call the police. If there are several appeals, the juvenile affairs commission will become involved. Complain to guardianship. Complain to the prosecutor's office. These bodies are required to protect children from violence.

Even if you have already complained and nothing has changed, continue to complain. Better - in writing. If they do not take any action, you can complain about them - to higher authorities or a higher prosecutor's office.

In addition, you can talk to the child in a neighborly manner, if he is already old enough, tell him that he can contact the guardianship authorities himself if a situation in the family is dangerous for him.

From an ethical point of view

says Svetlana Mokhova, candidate of psychological sciences, forensic psychologist:

Ideally, good neighborly relations will help. If there are any, you can talk to the screaming neighbors and how their screams are bothering you, and ask if they are okay and offer some help.

With an older child, neighbors with whom the family is on good terms can talk directly, ask how he is doing, say “come if you want to talk” or “I care how you feel.”

For parents, good neighborly relationships are an opportunity to seek help and receive support. And in moments of nervous breakdowns they are especially needed. It is unlikely that anyone will scream from an excess of mental well-being.

The police and guardians should be called in case of great dangers. Most often, there is no great danger to the child from the screaming of the parents. But the police and guardianship will not prevent the danger to the formation of the psyche, character, and self-esteem; this can be prevented by caring people.

What to do if the upstairs neighbors are constantly making noise and children are running around

Often not only children stomp and jump, but adults also create a lot of noise. We’ll tell you in more detail what to do when upstairs neighbors with children are constantly making noise in the apartment, and how to deal with rowdies.

Playing child

There are situations when attempts to negotiate peacefully are futile. Children, despite the conversations, begin to stomp, run and jump late in the evening. The neighbor's swearing can be heard in the apartment. The neighbor always yells back at him.

Are parents breaking the law when they yell at their children?

Maria Merkuryeva, lawyer says:

Violate. Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of children - this is Article 63 of the Family Code.

There is also the Declaration of the Rights of the Child and the Convention on the Rights of the Child - international documents that provide special protection to children as people who have less ability to protect themselves. In accordance with them, for the full and harmonious development of his personality, a child needs to grow up in a family environment, in an atmosphere of happiness, love and understanding. The interests of the child should be the primary concern of parents and government agencies.

The principles of international acts are developed in more detail in the Law on Basic Guarantees of the Rights of the Child in the Russian Federation and are applied by courts when considering any cases related to children.

For failure to fulfill the duties of raising children, different types of parental responsibility are established: criminal (Article 156 of the Criminal Code of the Russian Federation), civil (Part 2 of Article 91 of the Housing Code of the Russian Federation), administrative law (Article 5.35 of the Code of the Russian Federation on Administrative Offenses ), family law (Articles 69, 73 of the Family Code of the Russian Federation).

Fighting methods

If residents with small children have settled in one of the neighboring apartments, this is not always scary. Not all of them have the habit of running around the clock, stomping, interfering with sleep and constantly crying.

Often, upstairs neighbors raise their child well and teach him to respect other people. In this case, you can tolerate active games, especially if they do not last long and mainly during the daytime.

The crying of a baby is a phenomenon that cannot be controlled in any way. Therefore, if small children cry, you will have to come to terms with it. Complaining and scolding will not make a child calmer. But in the case when children are uncontrollable and ill-mannered, then you can and should fight for a relaxing holiday.

The first thing you should do is try to calmly talk with your parents and resolve this problem amicably. It may well turn out that they are absolutely adequate people, they will understand everything, understand the situation and calm their child down.

Adults may not even suspect that their offspring runs non-stop during the daytime and thereby disturbs the residents not only from below, but also from above. This situation is especially common if parents work all day, and the children, coming home from school, find themselves left to their own devices and have frankly annoyed all the neighbors.

It is important to inform adults about the current situation and ask them to influence the noisy child. But this method, firstly, is not always effective, since many do not evaluate their children’s actions objectively and do not even try to understand what is happening.

Secondly, peace negotiations may not take place due to the fact that it is difficult to find neighbors from above at home.

Why can't such events be ignored?

Someone will say that there is no point in interfering with someone else’s family, they say they will sort it out themselves.

That may be true, but:

• According to statistics, 80% of women who are systematically exposed to domestic violence do not contact the police because they are afraid of the aggressor or do not have the opportunity to call and ask for help;
• about half of cases of domestic violence end in the domestic murder of the victim of the aggressor or himself;
• Mental problems in adulthood are often the result of a dysfunctional family environment in childhood.

In addition to all this, the child may not only be in a morally bad environment, which affects his health, but also suffer from systematic beatings. It is possible that the living conditions are unsuitable for the child.

One more thing is important: you should not intervene in the conflict on your own, or try to pacify your rowdy neighbor. This can end either positively (he will actually calm down) or negatively, right up to the worst possible scenario.

Determining noise levels and taking action

Dealing with loud extraneous sounds is extremely difficult, and in some situations it is not at all possible to get rid of their sources. The only thing that can be done in this case is to ensure sound insulation in your own apartment.

If the cause of increased noise is structural ventilation elements, elevators or other equipment, then the most convenient option would be to contact your management company.

Its employees must ensure that an independent examination is carried out to measure the noise level and, based on the measurement results, take the necessary actions.

If the study proves that there is a violation of the norms established by law in the apartment, then the management company is obliged to take measures to correct the current situation.

If for some reason this did not happen, then you must write a complaint and send it to the prosecutor's office or Rospotrebnadzor. These organizations will also conduct their own verification.

Having received the results and made sure that the management company really needs to take action, an order will be sent to it to eliminate the source of noise that violates established standards.

In the case where increased noise comes from non-residential premises leased (offices, hairdressers, shops), the management company will not be able to influence the sources of sounds in any way.

In this case, you must immediately contact the prosecutor’s office or Rospotrebnadzor. These authorities will be convinced of the existence of a violation and administrative measures will be taken against those responsible.

In this case, an order is issued to implement measures aimed at reducing noise levels or completely eliminating its sources, after which a re-examination is carried out.

Residents can, based on the examination carried out, file a claim in court for compensation for material and moral damage. In this case, you will need to provide evidence of the harm caused.

The same should be done in a situation where extraneous sounds come from outside. But, in this case, it is much more difficult to achieve the adoption of any measures, since it is almost impossible to conduct an examination and identify a specific source of noise.

In cases where neighbors are noisy, children are running overhead, someone is constantly crying, barking or meowing in adjacent apartments - it is useless to contact Rospotrebnadzor; this authority will refuse. So what to do if you are completely fed up with noisy neighbors, especially families with small children?

What are guardianship authorities?

The guardianship and trusteeship authorities include the executive branch in the regions of the Russian Federation. They are called upon to protect the rights of everyone who cannot defend themselves due to age or other reasons:

• Their activities extend not only to children under 18 years of age, but also to pensioners, people with mental illness and others.
• Guardianship authorities monitor the activities of guardians and trustees who supervise incapacitated citizens.
• Guardianship authorities also take care of the safety of the property of those under guardianship.

Their activities are regulated by laws, where you can find the entire list of functions and powers.

Psychologist's advice

At the initial stage of solving the problem, it is best to try to resolve the issue peacefully by talking with the neighbors above, from whose apartment you can hear stomping, crying, and the sounds of a loud TV.

Qualified psychologists recommend listening to some advice to help you understand what to do during a conversation and what it is better not to do.

These tips are intended for balanced, mentally healthy people.

1. There is no need to try to make a person feel guilty. It’s a huge mistake to try to immediately blame your upstairs neighbor for the fact that you can’t rest, so you get stressed, and your child doesn’t get enough sleep and because of this, his grades have dropped. Such claims force people to make excuses, and serious negativity immediately arises.
2. You should only talk about yourself. You need to let your neighbor know that you are uncomfortable with his behavior and how you feel about it. It is better not to make a lot of comments at once, and in a raised voice - this will not result in a productive dialogue.
3. More specifics. You need to convey to your neighbors exactly what aspects of their life are interfering with your vacation, and what you would like them to do about it.
4. At the end of your appeal, you should express your hope for understanding and a successful solution to the problem.

If your neighbor does not accept reproaches, then you need to gently insist on your demands. You can switch to elevated tones only if the interlocutor does the same. There is no need to shy away from people; it is important to be able to fight back.

You can enlist the support of other residents, but this should only be done if they also suffer from noise and are interested in a positive solution to the problem. People from outside should not be drawn into the conflict; such a decision may backfire.

Acceptable noise level

In modern urban life, it is very difficult to protect your personal space, although achieving this goal is very important. The deterioration of living conditions associated with extraneous noise leads to a general decrease in the quality of life.

This problem is very common, especially in big cities. Increasing noise levels not only irritate and interfere with daily life, but can also cause serious health problems.

Therefore, the legislation contains norms that must not be violated. The standard called “Permissible Noise Level” is one of the main conditions that must be observed by all neighbors.

Pets, small children and the need for repairs are no exception to this rule.

The scientifically proven permissible noise level does not cause concern to humans and does not lead to disturbances in the body systems. Exceeding this indicator leads to serious risks to health and general condition. The central nervous system can be particularly affected.

Constant increased noise causes stress in people, increasing the stress received during the working day. A person does not rest properly, fatigue accumulates, which leads to the development of diseases.

The permissible level of noise coming from neighbors varies depending on the time of day. During the day, between 7 and 23 hours, the maximum volume of extraneous sounds should not exceed 55 decibels. At night, from 23 to 7 o'clock, this figure should not be more than 45 decibels.

All noise penetrating into the apartment is conventionally divided into internal and external.

The first category includes sounds whose source is located on the street:

• busy roads;
• construction sites;
• repair work in neighboring houses;
• various types of production;
• outdoor sound advertising.

The second type is sounds coming from neighboring rooms:

• one of the neighbor’s children is crying loudly or running around actively;
• the dog barks or whines;
• making repairs overhead;
• listening to music or watching movies at high volume.

This includes noise from a working elevator, garbage chute and ventilation system, as well as from shops, workshops, offices and beauty salons located in non-residential areas of the house.

Filing a complaint to the district police officer

A collective written appeal to the district police officer can speed up the process of solving the problem, since drawing up such a complaint is one of the effective methods of influencing noisy neighbors. In addition, you need to provide all possible evidence of attempts to resolve the issue peacefully, for example, audio and video recordings, written appeals, etc. This evidence will also not be superfluous in order to avoid suspicions of slander. Do not forget that perjury is punishable by law by the recovery of a large sum of money, the amount of which can reach 550,000 rubles.

The application is written according to established standards:

• must be made in 2 copies;
• indicate the name and title of the district inspector;
• write down the applicant’s details, including phone number;
• describe the problem in any form, indicating some details;
• write the purpose of the application.

After writing the document, the district police officer must provide a registration number, which is a guarantee.