How to make and where to file a complaint against neighbors

Quarrels between neighbors become a truly serious problem in an apartment building, where a respectable family with children can live on the same landing, the owner of a Rottweiler who goes out for walks without a leash or muzzle, and a very sociable person whose wild fun does not end even when night comes. If the inevitable conflict of interests in this case cannot be settled through contractual means, other methods have to be put into action. The main thing is not to forget about their legality and, armed with a pen (or computer), start writing a complaint.

Where to complain

The addressee of a complaint against neighbors is selected based on the nature of the offense they commit (regular noise, poor sanitary conditions, aggressive pets and openly threatening behavior of residents) and their willingness to dialogue. It could be:

Management company (MC) or homeowners association (HOA).
Federal Service for Supervision of Consumer Rights Protection and Human Welfare (Rospotrebnadzor).
Police.
Court.

How to write a complaint against neighbors so that it is considered, read the article “How to write a complaint correctly”

What to do before complaining?

If you want to hold your neighbors accountable, then, of course, you need to prepare certain evidence. As an option:

Select witnesses from among other residents of the house.
Record what is happening on video.

It will be a high achievement if the applicant can measure the noise level with a certified instrument and record the date of measurement. However, this is probably something from the realm of fantasy. Therefore, it will be enough to record the noise level using a sound level meter on a modern smartphone.

Organization of management or self-government in the housing and communal services sector

The management company or homeowners' association carries out the functions of maintaining the house in satisfactory technical, sanitary and hygienic condition, as well as other tasks specified in the charter or agreement with residents.

You can complain to the management company or homeowners association about neighbors who neglect environmental hygiene, freedom of movement and the safety of others when they:

crowd the common space (landing or flight) with large items;
systematically litter the entrance or yard, not bothering to clean up after themselves;
engage in activities on the territory of the house that create inconvenience to others (unpleasant odors (Read the article: “How to write a complaint about a smell”), loud noise during the time allotted for rest, etc.);
walking without a leash or muzzle or leaving potentially dangerous animals unattended and not removing their waste products;
smoke in common areas.

You can submit a complaint orally or in writing to a person authorized to receive such requests. The inaction of the management company or the HOA in this case is grounds for appeal against them. But in practice, even an immediate response to an application rarely eliminates the problem, since the management organization does not have sufficient tools for this. The maximum that its representative can do is talk to the offender and, if there is no result, help resolve the unfavorable situation through the competent government authorities.

Rospotrebnadzor

Rospotrebnadzor is the executive body exercising state supervision over compliance with sanitary and epidemiological rules and regulations. You can contact the service with a statement about their violation by neighbors or if they themselves are a source of epidemiological risk due to the presence of a dangerous disease spread by airborne droplets or through contact with common objects (door handles, railings, etc.).

Methods for filing a complaint with the Federal Sanitary and Epidemiological Surveillance Authority:

By mail - 127994, Moscow, Vadkovsky lane, building 18, buildings 5 and 7.
At an appointment with a specialist from the Department of Sanitary Surveillance (Tuesday from 13:00 to 16:00) or the Department of Epidemiological Surveillance (Friday from 10:00 to 13:00) in the building of the central office of the service at the address Moscow, Vadkovsky Lane, building 18, buildings 5 and 7
By post or in person at the Rospotrebnadzor Office in the subject (addresses at https://rospotrebnadzor.ru/region/structure/str_uprav.php).
Through the electronic petition submission service - https://petition.rospotrebnadzor.ru/petition/.

A complaint in electronic document format is created and sent from the official website of Rospotrebnadzor.
The link provided above offers two options for submitting it: with or without authorization in the Unified Identification and Authentication System (USIA). A claim filed in the first way may become the basis for an unscheduled inspection of the violation. To proceed to its creation, the sender will need an account on the State Services portal. It is through him that authorization in the ESIA takes place.

To file a complaint using the second method, no additional steps are taken. The transition to electronic form is carried out immediately. Next, the applicant will need to enter the following data:

Full Name.
Contact information - telephone, fax, email (required), postal address.
Addressee department (territorial or central office of Rospotrebnadzor).
Details of the offense, names and addresses of persons involved in its commission.

You can attach a file or archive of no more than 5 MB in size to an electronic complaint.

Help numbers for registration of written requests:

8 (free in Russia);
8.

Police

The police considers applications for administrative and criminal offenses of citizens, for example:

violation of sanitary and epidemiological requirements;
consumption and distribution of narcotic drugs and psychotropic drugs not prescribed by a doctor;
destruction or damage to someone else's property;
violation of the rules for the use of residential premises;
noise at night;
creating a threat to the health and life of others (applies to the rules for walking potentially dangerous pets);
aggressive behavior (insults, threats);
unintentional harm to human health;
violent actions.

Contacting the police should start with the local police officer. A complaint about the unlawful behavior of neighbors is written in his name and is usually submitted in person, since the police department is located within the same administrative district as the applicant.

If the matter is urgent and the subject of the complaint is an acute conflict or a criminal act of a neighbor, you must immediately call 02.

You can find the police department and the local commissioner on the map or at the address on the official website of the Main Directorate of the Ministry of Internal Affairs in the subject. This service is also available on the portal of the Ministry of Internal Affairs of the Russian Federation at the link https://mvd.rf/district.

As an example of a statement against a neighbor, you can take the following sample:

The inaction of the district police officer (refusal to accept a complaint, failure to take measures to clarify and suppress the fact of violation) is unlawful and is subject to appeal first to the head of the police department, and if there is no result - to higher structural units (DMI, Regional Department of the Ministry of Internal Affairs, Main Directorate of the Ministry of Internal Affairs, etc.) .

If the offense committed by neighbors is of a criminal nature, requiring the perpetrator to be held criminally liable, the application is submitted to the duty department of the Ministry of Internal Affairs (MVD) in the area. However, it should be remembered that slander and giving knowingly false information to the police are punishable by law, in accordance with the provisions of the Criminal Code of the Russian Federation.

You can write to a higher official using the electronic appeal service. To do this you need:

Follow the link https://mvd.rf/contacts/sites.
Select the appropriate Department or Main Directorate of the Ministry of Internal Affairs for your subject.
Click on the main menu item “For Citizens” and go to “Reception of Applications”.
Read the information provided on the page and click “Submit an appeal.”
Select a department, indicate the name and position of the addressee.
Fill in information about the applicant - last name, first name, patronymic, postal or email address, telephone number and civil status (citizen of the Russian Federation, another country, stateless person, etc.).
Indicate the location, details of the incident and the unit to which the application was previously submitted.
Attach documents relevant to the case, photographs and video materials in electronic form.
Send a request.

Sample application to the district police officer for neighbors

Violations of the rules of living in an apartment building often lead to conflict situations between neighbors. One of the ways to resolve such conflicts is to report the neighbors to the district police officer . Violation of the silence regime during the time allotted for rest is included in the range of issues resolved by the district police officer and is determined by order of the Ministry of Internal Affairs No. 1166 of December 31, 2012.

Before complaining to the local police officer, objectively assess the situation and try to come to an agreement with your neighbors. Since the causes of noise can be different (repairs, loud music, scandals, a dog howling, a child crying at night), the neighbors’ reaction to your appeal will be different.

Noise at night (after 23:00) is classified as a violation of public order. (permissible noise in a residential area at night is no more than 30-45 dBA - quiet conversation or whisper).
Noise during the day (from 07:00) is classified as non-compliance with sanitary standards. In this case, evidence in the form of noise level measurements will be required. (permissible noise in a residential area during the day is no more than 40-55 dBA - normal quiet conversation).

Court

Filing a complaint to court is probably one of the last resort measures to counter systematic violations by neighbors. The purpose of the appeal may be:

Stopping the unlawful behavior of a neighboring tenant.
Bringing him to administrative or criminal liability.
Recovery from the violator of monetary compensation for the material damage and/or moral damage caused to him.

An application to the court is drawn up according to a standard structural plan, which includes four main blocks:

Introductory. Here the name of the court and information about the parties to the trial are indicated - the plaintiff (victim), defendant (accused), their representatives and, if any, other interested parties.
Descriptive. The main details of the incident are stated - date, place, participants, essence of the conflict and other significant circumstances.
Pleading. It formulates the applicant’s demands, reflecting the purpose of filing the complaint.
Applications. Contains a list of documents and materials on the case.

When appealing against a neighbor’s unlawful actions, the evidence base plays an important role. Without it, the likelihood of a satisfactory outcome of the trial is extremely low; moreover, it may not even take place due to lack of evidence.

As arguments for his appeal, the plaintiff can provide:

photographs;
video recordings;
official protocols, acts and conclusions issued by authorized government agencies and other competent organizations;
witness statements;
receipts and checks reflecting the expenses that the applicant incurred as a result of the offense committed, etc.

A complaint against a neighbor is filed with the district court within the statute of limitations, which is 3 years from the date of the unlawful act.

Responsibility

If residents of an apartment building violate the silence regime, they face administrative liability, in accordance with the regulations of a particular region. The time after which you cannot make noise and the amount of the fine are established in each region separately. Find your region here ().

If neighbors do not comply with noise regulations, before making an anonymous call to the police, it is worth talking to them and reminding them of the punishment for such behavior. The average fine in the Russian Federation is from 500 to 2000 rubles.

We recommend reading: “All neighbors are bad, but the ones above are worse than the ones below” or how to punish the neighbor above for constant stomping.

But if an anonymous call to the police does not confirm the fact of a violation, neighbors can file a counterclaim for slander, under Art. 128.1 of the Criminal Code of the Russian Federation.

Learn more about legal methods of dealing with noisy neighbors in the article “How to make noise “correctly” in an apartment: norms and possible punishments.”

Collective appeal

In order for the complaint to have more weight, it can be filed collectively. To do this, you need to talk with other residents and ask whether the illegal actions of a common neighbor are causing them any inconvenience. If the applicant has like-minded people in this, they should also be included in the appeal process.

To draw up a collective complaint, it is enough to correctly formulate the general requirements, list in the “header” the appeals of all applicants (full names and addresses), and under the text, at the bottom of the sheet, ask them all to sign.

If there are a lot of people who want to pacify troubled neighbors, it is recommended to exclude information about the applicants from the introductory block and move it down or to the back of the paper, opposite the signatures.

The more signatures a complaint collects, the higher the likelihood that it will be “heard” by the authorities competent to resolve such issues. And an unscrupulous tenant himself can adjust his behavior under public pressure.

How to make a call, is it possible anonymously?

Since Soviet times, there has been a telephone number 02, which you can call from a landline.
There is a single telephone number: 112. But practice shows that operators working in a single rescue service do not always switch to the police department.
If you call from a cell phone, the number will depend on the operator providing communication services: 022; 002; 102 and the like.

Many people are interested in the question of whether it is possible to report a problem anonymously. Theoretically, yes. But you need to understand that any measures in this case will be minimal. Much depends on the situation.

In any case, it is better that the police themselves know who called them and for what reason. This is necessary in order to complete the documents completely and correctly, record the offense, and attach evidence.

The legislative framework

When appealing illegal actions of neighbors, it is important to refer to the current legislation in your demands. The following legal acts will become relevant:

Federal Law “On the Sanitary and Epidemiological Welfare of the Population” dated March 30, 1999 N 52-FZ.
“Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 N 195-FZ.
“Criminal Code of the Russian Federation” dated June 13, 1996 N 63-FZ.
Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006 N 59-FZ.