On the territory of the Russian Federation, there are special laws that protect the psychological well-being and physical health of citizens from loud noise. In accordance with these laws, the noise level in the workplace, in the apartment and in the local area must be limited in accordance with certain requirements, and if these rules are ignored, penalties may be applied to the violator. But what noise restrictions apply in apartments and adjacent areas? Is the noise level in the workplace regulated? Is it true that Moscow has stricter noise laws? These issues will be discussed below.
Standards established by law
What noise level is acceptable in the apartment?
A completely quiet life in an apartment building (hereinafter referred to as an apartment building) is unrealistic; people celebrate important events in their lives with feasts, make repairs, change furniture and plumbing fixtures.
Each of those living in an apartment building understands and accepts the need for repairs or the crying of a baby, but it’s a completely different matter when the neighbors cannot be calmed down or at least reduced the volume level of the sounds produced .
The concept of loudness is a controversial issue based on the subjective perception of sounds, therefore standards for noise levels in the home have been established by the following legislative acts:
- Law of March 30, 1999 N 52-FZ (as amended on July 3, 2016);
- Standards No. SN 2.2.4/2.1.8.562-96;
- SanPiN 2.1.2.1002-00.
Many constituent entities of the Russian Federation set their own restrictions on the levels and intensity of various sounds, because noise not only causes unpleasant sensations, it harms the health of others.
Thus, on the territory of Moscow, as a separate subject of the Russian Federation , the following legislative documents have been adopted for management:
- Law of Moscow dated July 12, 2002 N 42;
- Law of Moscow dated January 29, 2003 No. 4;
- Moscow PP dated February 8, 2005 N 73-PP;
- Moscow Law of November 21, 2007 No. 45.
Noise is measured in decibels, and it is in these units that the limiting values .
During the daytime
From 7-00 to 23-00 the upper level of the limit of any noise permitted by law is 40 dB .
To make it clear how loud it is, we can give the following examples for comparison:
- During an average conversation
- A weapon shot at close range will produce a noise of 160 dB.
- The sound of an alarm clock (mechanical) produces a volume of 80 dB.
From these examples it becomes clear that the 40 dB level represents sounds of modest strength, comparable to a quiet conversation, and from 13-00 to 15-00 the afternoon rest time is announced , when there should be complete silence.
On weekends and holidays, the schedule changes: the morning is allowed to start only from 10-00, and you can make noise (not too much - up to 40 dB) no later than 22-00. Exceeding the specified limits is permissible by 15 dB, but no more.
But what about when there is a repair to be made, because you will need to drill and knock?
It is possible, but not on weekends or holidays, when such activities are completely excluded.
It is allowed to make repairs and carry out construction work on weekdays , from 9-00 to 19-00, and the total time should not last more than 6 hours, and with a 1-hour break for lunch. The maximum period for repair work in a MKD apartment is 3 months.
At night time
At night , taken from 23-00 to 7-00, the maximum permissible noise level is up to 30 dB.
This volume corresponds to a quiet conversation, and is completely unacceptable :
- turn on the TV and other audio or video equipment with sound;
- shout, knock, rattle, whistle, sing, etc.;
- explode pyrotechnic devices;
- carry out repairs and loading and unloading operations.
In each case there are exceptions, because loud sounds cannot be avoided if:
- Citywide festive events are held with concerts, fireworks, etc.
- The noise is caused by the action of intruders and their capture.
- An emergency situation occurred, such as military action, fire, flood and other force majeure circumstances, etc.
But constantly ignoring requests from neighbors not to make noise, especially when there is a sick person in the family or someone who works shifts, is unacceptable and illegal.
Noise standards in an apartment building - latest changes in the law 2018-2019
For the local area next to an apartment building, slightly different noise restrictions have been established. In the daytime (from 7 to 23 hours) the noise level should be no more than 70 dB, and in the evening - no more than 60 dB. However, please note that after 19.00 some other activities that make a lot of noise are also prohibited:
- Carrying out repair work.
- Launching fireworks.
- Loud music.
- Parties.
- Loud singing.
- Whistling.
Violation of these rules is subject to standard administrative liability under Article 3.13. Punishment for individuals - from 1 to 4 thousand rubles or a warning, for officials - from 4 to 8 thousand rubles, for legal entities and individual entrepreneurs - from 40 to 80 thousand rubles. The main regulatory act is Federal Law No. 52 (the so-called law on silence), as well as various regional laws. The latest amendments, which limit the use of certain sounds after 7 p.m., were made to the law on silence in 2012, and the law has not changed since then.
What could be the sources?
In an MKD apartment, many sounds can irritate with their volume, preventing you from resting, falling asleep calmly and quickly, reading a book and just living normally. Sources of increased background noise can be :
- TV, tape recorder and other playback devices turned on at high volume;
- playing musical instruments, especially piano, piano, trumpet;
- sounds of scandal, screams;
- loud feasts with songs and dances;
- operation of elevators, pumps;
- noise made by the fan. equipment;
- sounds of working power tools, etc.
There can be many sources of cacophony; the apartment can hear everything that happens behind the wall, under or above the home, as well as in the yard - the roar of a motorcycle, car, tram, train, construction site, loading and unloading work at a built-in store, etc.
But it is important to understand that playing musical instruments is the right of residents , just like sorting things out or celebrating a birthday.
Another thing is that the loudness of what is happening annoys the neighbors, however, such actions can be regarded as nothing more than petty hooliganism, and have nothing to do with the noise that is subject to measurement.
Noise as an irritant and its effect on people
Scientists have proven that noise poses a health hazard. It causes a number of different diseases such as hearing loss, deafness, people begin to suffer from insomnia, as well as cardiovascular disorders, all of which are a consequence of the effects of noise on the body. To test vibration, you can contact our EcoTestExpress laboratory.
Under the constant influence of noise, the pulse and breathing may increase, and the psyche may be disturbed. Scientists have also proven that a person’s exposure to noise causes his aggressiveness. A person cannot get used to noise; it also reduces efficiency and productivity. Recent studies have shown that greater sound intensity can also cause various pain sensations. Therefore, when coming home, each of us just wants to be in silence, without being distracted by annoying sounds.
Where to contact?
What to do if you think your apartment is noisy? First of all, you need to try to determine where the disturbing sounds are coming into the apartment.
Regardless of the result of your research, you should file a written complaint with the management company, HOA or other service company.
The board is obliged to react - to send its employee , who must verify the presence of noise and report this to management.
At the expense of the company, the management company must attract specialists to measure sound levels and identify their source. The problem must be solved.
If the Criminal Code fails to act, you must contact the prosecutor's office or Rospotrebnadzor , each of these bodies is obliged to order an examination (at the expense of the Criminal Code) to determine the level of impact, its intensity and duration, as well as the source.
The management company, homeowners association will receive recommendations in the form of an order with a period during which the source must be eliminated.
If the sounds come from outside - from a club, construction site, store, workshop, enterprise, then such a question is beyond the competence of the Criminal Code, and you should immediately address your request to the prosecutor’s office or Rospotrebnadzor.
Representatives of these services will find where the noise is coming from and, based on the results of the examination, will issue a prescription. After the agreed period, experts will check how much the situation has changed, and a fine may follow with a requirement to immediately stop the sound exposure .
If the noise has already harmed the residents, then if the results of the examination are available, there is a right and grounds to go to court , but the fact of causing harm must be documented.
How to write a complaint to Rospotrebnadzor? Find out the answer right now.
Penalties for high noise levels in an apartment
Penalties are set by the judge based on local law. For example, in the capital and region this issue is regulated by the Moscow Administrative Code. violations in terms of Article 3.13.
So, according to this act:
- an individual may receive a fine in the amount of 1,000 to 2,000 rubles;
- a citizen holding a management position at an enterprise that has violated the law may receive a sanction in the amount of 4,000 to 8,000 rubles;
- a legal entity found to be the culprit of noise is forced to compensate the offense from 40,000 to 80,000 rubles.
In addition, the law on sanitary standards, Article No. 6.3 and Art. No. 6.4 Code of Administrative Offences.
According to these provisions, the fines are:
- A citizen may be subject to sanctions ranging from 100 to 500 rubles.
- Directors of the company from 500 to 1000 rubles.
- Individual entrepreneur - compensates from 500 to 1000 rubles. It is possible for the court to issue a decision to suspend activities for three months.
- Organizations are required to pay a fine of 10,000 to 20,000 rubles. There is a possibility that, based on the resolution, the company’s work will be frozen for 90 days.
The final verdict is made by the judge depending on the severity of the act committed.
Why is expertise needed?
The fact of the presence of noise impact on people while they are in the apartment can only be confirmed by an examination; all other arguments will remain unfounded, that is, unproven, and there will be nothing to present to the court.
An examination of the noise level in an apartment is a documentary basis for applying to the judicial authorities.
When is a sanitary and epidemiological examination regarding noise not carried out? A sanitary and epidemiological examination may not always be carried out; there are circumstances that exclude the involvement of experts:
- When noises are caused by natural or random phenomena.
- The operation of the alarm system – anti-theft, fire, etc. – is a concern.
- When holding cultural, sports, religious or political events.
- Work is being carried out to eliminate the consequences of accidents, natural disasters, etc.
- Traffic causes inconvenience.
- Grinding and rumbling noises are heard when removing ice, snow, etc.
Expert actions will also be denied in the case where neighbors are making noise - this falls within the competence of law enforcement agencies.
How to prove?
Many regions of the Russian Federation have their own rules of conduct during the day and at night. Therefore, before taking action, check the regulations in your locality.
In accordance with current legislation, citizens who do not comply with the rules can be held accountable if the violation is proven. You can do this in several ways:
- call the police when your neighbors are having fun;
- write a collective complaint to the police department;
- provide employees of authorized bodies with a noise measurement protocol.
The district police officer can draw up an administrative protocol against the perpetrators in cases where he personally recorded the fact of the offense.
Procedure
- Noise level measurement.
- Search for persons who also suffer from illegal actions.
- Calling a representative of the management company.
- Call the local police officer.
Measuring sound levels yourself is not enough to hold neighbors accountable. It will be necessary to record the violation by specialists or representatives of authorized agencies.
Gathering of like-minded people
Sound measurements may not be carried out when filing a collective complaint with the police. In addition, this option always attracts more attention.
Your assistants in the fight against violators can be:
- owners of neighboring premises;
- tenants of housing under a rental agreement;
- tenants of apartments under a social rental agreement.
Residents who live in neighboring premises without documents do not have the right to participate in filing a collective complaint.
The document is drawn up in free form. It is important to indicate the personal and contact information of all applicants, information about the neighbors against whom the claim is being made, their residential address down to the apartment number, and describe in detail the circumstances of the offense.
Calling a representative of the management company
With the help of management company employees, it is possible to record the fact of a violation, but only in his presence. Employees of the Criminal Code record information about detected illegal actions in the appropriate act. It is signed by the applicant and the residents who witnessed the offense. In the future, the document can be used as evidence when bringing the perpetrators to justice.
Calling a local police officer
You can call a police officer by phone, by visiting a local police station or a territorial police department. Police officers will accept the application and conduct an inspection. If the facts specified in the complaint are confirmed, the district police officer may draw up an administrative protocol against the perpetrators under Art. 6.4. Code of Administrative Offenses of the Russian Federation.
Expert opinion
Semyon Frolov
Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.
It is advisable to call the police when neighbors systematically create unbearable living conditions. If violations are recorded less than 5 times, then local police officers, as a rule, only conduct preventive conversations with neighbors without bringing them to administrative responsibility.
A decision on the application is made within 10 days after registration. The resolution of the authorized person must reflect information about the results of the inspection and the measures taken against violators. If an administrative protocol has been drawn up against the perpetrator, this is also reflected in the document. Administrative offenses under this article are considered by territorial administrative commissions.
How and with what to measure?
A resident suffering from noise exposure must submit a complaint to Rospotrebnadzor, a sanitation authority, or an independent company.
Upon request from residents, specialists arrive with equipment called sound level meters .
There are special technologies, following which, experts take measurements at several points in the room , then display the average value and compare it with acceptable standard values.
The result of the experts’ work is a measurement protocol , which will indicate the frequency and dynamic noise levels. They can also check the effectiveness of sound insulation.
Carrying out such studies at your own expense by commercial companies is unprofitable: the price bar is very serious (3 measurements during the day will cost 10 thousand rubles, at night - 15 thousand rubles for 3 measurements, and regarding sound insulation, the actions of experts are estimated from the starting cost services 30 -50 thousand rubles).
A judicial or pre-trial examination will cost 25-35 thousand rubles, and if the issue concerns sound insulation, then up to 70 thousand rubles.
You can learn how and with what you can measure the noise level in an apartment from the video:
Why and in what cases is it necessary to conduct an independent examination?
Knowing the sound load on a person’s hearing system is extremely important, since his psychological state depends on it.
Constant exposure to high noise levels has a negative impact on a person’s mental state , increasing stress levels and deteriorating overall well-being. That is why the noise level must be kept within the normal range and not exceeded.
An independent examination is carried out to establish the noise level, which exceeds the legal norm. Such an examination is often resorted to by residents of an apartment building who are tired of fighting with their neighbors due to noise disturbance by the latter. The results of an independent examination turn out to be the main evidence of the guilt of violating neighbors, who can be brought to administrative responsibility if they have background noise indicators in hand.
If the high noise level is short-lived, then it does not cause any harm to human health, so conducting such an examination is pointless (for example, if a neighbor decided to hang a shelf, sort out the relationship with his wife, or a child is crying behind the wall).
Who measures?
Only specialists - representatives of Rospotrebnadzor or independent expert organizations that have the proper level of accreditation and are members of the SRO - to measure the noise level in a residential building with the issuance of a protocol, conclusion, examination
Such procedures cannot be carried out independently ; special devices and methods known to professionals are needed.
In addition, you need a document that will be recognized as legal if it is issued by an independent accredited company or the expert service of Rospotrebnadzor. The examination can be ordered by the court, in which case one of the forensic institutions will work.
What is the cost of measuring the noise level in an apartment by Rospotrebnadzor? Rospotrebnadzor will charge 540 rubles for measuring the noise level in an apartment. for 1 point , in total, the visit of experts during the daytime hours will cost about 5 thousand rubles, at night - no more than 10 thousand rubles.
What is noise and how does it affect the human body?
By noise we usually mean random sound vibrations that vary in frequency and intensity (however, from a physiological point of view, any sound that is perceived negatively can be considered such).
Sources of loud sounds are conventionally divided into:
- Mechanical.
- Hydraulic.
- Aerodynamic.
- Electrical.
Initially, it was assumed that excessive noise in the workplace or home only affected hearing function.
So you can deal with the noise of a hammer drill without measurements.
To go to court, collect the following evidence:
- protocol of the district police officer;
- a certificate from a representative of the housing office about the facts of violation of silence;
- testimony from affected neighbors;
- evidence of repeated warnings to the neighbor;
- video, audio recording of noise.
And even measurements are not necessary to achieve justice.
An example of this is the decision of the Tomsk court to impose a fine on a fan of loud music, which, according to him, sounds within the normal range. But, since the normative music still irritated the neighbors, the court considered it unacceptable.
In addition to administrative punishment, an extreme measure may even follow - eviction from the apartment (293 Art.
play the ukulele
to play on drums
play "Jingle Bells" on the piano
Determine what key the song is in
Contact Rospotrebnadzor
This is the best option for those who are trying to resolve a conflict with a developer or neighbors in court. Measuring the noise level in an apartment with the help of Rospotrebnadzor or SES has the following advantages over independent actions:
- measurements will be 100% compliant with current rules and regulations;
- the results of the inspection will be accepted by both the court and law enforcement agencies;
- the price for the service will be significantly lower than the service of private companies.
How to measure the noise level in a city apartment with the help of Rospotrebnadzor? You must prepare a statement stating:
- name of the recipient body;
- Full name and passport details of the applicant;
- information about the address of the premises or house where the measurement is required;
- please provide a favor.
Representatives of the regulatory authority go to the site, where the strength of the sound coming from neighbors or from a construction site located nearby is measured. Based on the results of the work done, they draw up a report reflecting the results of the assessments. You can go to court with him to further resolve the issue.
