Residents of megacities often face a problem when neighbors neglect generally accepted rules, disturbing them with noisy gatherings or repair work. In order to protect its citizens, Russian legislation adopted federal law No. 52-F3. But each individual subject Russian Federation have one more normative document, which corresponds to the conditions of life in a particular region. So in the capital, the law on silence in Moscow has been in force since January 1, 2018.
The current federal law No. 52-F3 “On the sanitary and epidemiological well-being of the population”, adopted on March 30, 1999, states that the living conditions of Russians are regulated by GOSTs and sanitary standards. But a direct indication of the degree of noise pollution and the time frame were not initially indicated in it.
In the current SanPiN 2.1.2.2645-10, only day and night intervals are prescribed: 7-23 hours, and, accordingly, 23-7 in the morning. Therefore, in additions from 2018, adjustments are prescribed that limit the period of permitted noise.
The latest version of the law prescribes when you can not be in an apartment in 2018. This is the interval from 21:00 to 08:00 on weekdays. It should be taken into account that the time frame in the regulations different regions may differ somewhat. For example: for St. Petersburg it is from 22:00 to 8 in the morning, in Krasnoyarsk - from 22:00 to 9:00, in the Nizhny Novgorod region. from 22:00 to 7:00.
The most common sources of noise during “quiet hours” are: ongoing repairs and Finishing work, loudly broadcasting radio and television devices, working electrical appliances, classes on musical instruments, loud singing and loud whistling, loud sounds made by animals, the use of pyrotechnics.
A normal level is considered to be no more than 40 dBA during the day and 30 dBA at night. According to the norms, the maximum possible noise levels in apartments:
- for light time - 55 dBA;
- for the night period - 45 dBA.
In the daytime, inside residential premises, the standards allow exceeding the maximum noise level within 5 dB, in the areas adjacent to the building - up to 10 dB. For clarity, we indicate that this indicator when driving a car is 55 dBA, children's crying can reach 78 dBA, and an adult's cry - 90 dBA. If we consider the sounds of the included construction tools, then the perforator creates a level of about 95 dBA, and the striker of the percussion principle of operation - 120 dBA.
How to deal with noisy neighbors
Violation of silence is an encroachment on the tranquility protected by the norms and a strict violation sanitary norms assets, the control over which is carried out by Rospotrebnadzor. Employees of the executive authority have at their disposal instruments - sound level meters that measure the pressure of a sound wave and record this indicator in order to identify the fact of a violation.
If neighbors are annoying, it is enough just to apply with a written application to one of the branches of the federal body. It is better if it is a collective complaint from several apartment owners. Employees will take measurements, conduct an examination and draw up a protocol on an administrative violation. The act drawn up by the experts will act as indisputable evidence when applying to the court.
Acts can be drawn up by police officers. The only thing is that they do not have equipment that fixes the noise level. Law enforcement officers draw up a protocol and hand it over to the inspector. He, in turn, conducts an explanatory conversation with violators. If it does not take action, it imposes a fine.
It is a pity that this law does not save if the windows are located towards the roadway. Uninterrupted public transport is more paramount than the peace of the Russians. The law also does not apply to the need for rescue and emergency measures.
The same norm also includes the holding of official sporting events, religious ceremonies and cultural festivals. Among them are the events planned to be held in the near future in the 2018 FIFA World Cup.
Therefore, you should not expect that contacting the appropriate services will bring the expected result. The only way out of the situation is the arrangement of internal sound insulation or moving to a quieter area.
Silence in the capital
The night peace of the capital today is protected by law No. 42 “On maintaining the peace of citizens and silence at night in Moscow”, adopted on July 12, 2012, but for greater comfort of citizens both on weekdays and on weekends, adopted with On January 1, 2018, the bill introduced a number of amendments:
- A "quiet hour" has been introduced - on weekdays, the period from 13-15 pm and 19-9 am. The same restrictions apply holidays, except on January 1, and weekends. It follows from this that, according to the current law of 2018, repairs in an apartment can be done in weekdays in two time intervals: 9-13 days and 15-19 pm.
- A significant increase in fines for both ordinary citizens and legal entities as well as commercial and government organizations. On the territory of Moscow, the amount of penalties is: 1-2 thousand rubles. for individuals and 40-80 thousand rubles. for legal.
- The ability to solve problems with violators through the involvement of police officers, Moszhilinspektsiya and Rospotrebnadzor.
To read the full text of the document, you can.
This means that according to the law of the Russian Federation in Moscow 2018, it is possible to make noise both in the apartment itself and near the residential building until 19 pm and after 9 am. This requirement also applies to: intra-house entrances, sports and playgrounds located on the territory of a residential complex. The ban includes premises and adjacent open areas of rehabilitation, educational, medical centers, horticultural associations, as well as organizations that provide temporary stay for Russians.
How much noise can you make in an apartment? Until what time can neighbors do repairs in the evenings? In addition to these two issues, the law on silence covers some more aspects that regulate construction and repair work.
Renovating an apartment is a troublesome, noisy business. Sometimes, the planned wallpapering turns into a change of skirting boards, windows and doors.
As a result, instead of a week, the repair of an apartment stretches for at least six months. Therefore, the question "allowed time for repairs in apartments" is popular. After all, when you renovate an apartment, you interfere with your neighbors. It is hard to live under the noise of a drill and the sound of a hammer.
I studied the laws to find out at what time it is possible to repair an apartment. There is no single law for the cities of the Russian Federation, which specifies noise standards, and there is no allowed time for apartment repairs. In some federal laws, items that contradict each other are even indicated.
If you follow the sequence of work when repairing an apartment, then there will be much less noise. Local regulations regulate this issue for each individual subject of the federation.
From what time and until what time can you make repairs in the apartment
According to the law "On Ensuring Peace and Quiet of Citizens on the Territory of the Moscow Region", repair work can be carried out:
- On weekdays (from Monday to Friday inclusive) from 8.00 to 21.00;
- On weekends (Saturday, Sunday) and non-working holidays established by federal law from 10.00 to 22.00;
- Break for work from 13.00 to 15.00, regardless of the day of the week;
- Using tools and equipment with a noise threshold within the normal range;
- Respecting the order of public places.
Can repairs be done on weekends?
Of course you can! As already mentioned, in accordance with federal law, silence can be broken from 10.00 to 22.00.
If the work lasts more than 6 hours, take an hour off. The total duration of work should not exceed 3 months. If you violate the deadlines, you can be held administratively liable in case of complaints from neighbors.
To special equipment, tools and devices that are used in the process of repair and construction works, requirements apply:
- security
- efficiency
- saving labor costs
- portability
- light weight.
You can not block passages, stairs, elevators. Do not block occupant escape routes in an emergency. Do not cause damage to adjacent rooms. Pack your building materials properly - place trash in bags or bags.
Unpackaged construction waste is strictly forbidden to be transported in passenger elevators. It is recommended to take the written permission of the neighbors to conduct repair work.
The law on silence in Moscow and the Moscow region. Official document
In Moscow, the “repair” issue is regulated by the tenth article, the second paragraph of the Law of the City of Moscow dated September 29, 1999 No 37 “On the procedure for reorganizing premises in residential buildings on the territory of the city of Moscow” (as amended by the Law of the City of Moscow dated 07.04.2004 N 22).
There is the Law of the city of Moscow dated 04.22.2014 No42 “On maintaining the peace of citizens and silence at night in the city of Moscow”, also known as the “Law on silence”.
Law of the Moscow Region No. 16/2014-OZ “On Ensuring Peace and Quiet for Citizens on the Territory of the Moscow Region”. Adopted by the Resolution of the Moscow Regional Duma dated February 20, 2014 No 9/79-P. Signed by the Governor of the Moscow Region on 07.03.2014
MOSCOW REGIONAL DUMA
RESOLUTION
20.02.2014 No. 9/79-P
On the Law of the Moscow Region "On Ensuring Peace and Quiet for Citizens on the Territory of the Moscow Region"
The Moscow Regional Duma decided:
- Adopt the Law of the Moscow Region “On Ensuring Peace and Quiet for Citizens on the Territory of the Moscow Region”. (Supplied.)
- Send the Law of the Moscow Region "On Ensuring Peace and Peace of Citizens in the Territory of the Moscow Region" to the Governor of the Moscow Region for signing.
Chairman
Moscow Regional Duma I.Yu. Bryntsalov
LAW OF THE MOSCOW REGION
On ensuring the peace and quiet of citizens on the territory of the Moscow Region
Article 1. Subject of regulation of this Law
This Law regulates relations related to ensuring the peace and quiet of citizens on the territory of the Moscow Region.
Article 2
Violation of peace and quiet of citizens is not allowed:
1) from 21.00 to 08.00 on weekdays (from Monday to Friday inclusive);
2) from 22.00 to 10.00 hours on weekends (Saturday, Sunday) and non-working holidays established by federal law;
3) from 13.00 to 15.00 daily in relation to the protected objects provided for in paragraph 1 of Article 3 of this Law, in part of the actions provided for in paragraphs 1 and 4 of part 1 of Article 4 of this Law.
Article 3. Protected objects
Protected objects on the territory of the Moscow region are:
1) apartments and premises common use in apartment buildings, residential buildings, residential premises and common areas in dormitories;
2) adjoining territories, including intra-yard driveways, children's, sports, playgrounds on the territory of residential microdistricts and groups residential buildings;
3) premises and territories of educational, medical organizations, as well as organizations providing social, rehabilitation, sanatorium and resort services, services for temporary accommodation and (or) provision of temporary stay of citizens;
4) territories of horticultural, horticultural and dacha non-profit associations of citizens.
Article 4. Actions that violate the peace and quiet of citizens
1. Actions that violate the peace and quiet of citizens include:
1) the use of sound reproducing devices and sound amplification devices, including those installed on vehicles, at (c) objects of trade, public catering, leisure activities, resulting in a violation of the peace and quiet of citizens;
2) shouting, whistling, singing, playing musical instruments that violated the peace and quiet of citizens;
3) the use of pyrotechnics, which caused a violation of the peace and quiet of citizens;
4) carrying out repair work, reorganization and (or) redevelopment of residential premises, resulting in a violation of the peace and quiet of citizens;
5) excavation, repair, construction, loading and unloading and other types of work using mechanical means and technical devices, with the exception of the work provided for in paragraph 4 of this part, which entailed a violation of the peace and quiet of citizens;
6) other actions that entailed a violation of peace and quiet of citizens.
2. The provisions of this Law do not apply to:
1) actions of citizens, officials and legal entities aimed at preventing offenses, preventing and eliminating the consequences of accidents, natural Disasters, others emergencies, performance of work related to ensuring the personal and public safety of citizens or the functioning of life support facilities for the population;
2) holding mass public events, including official physical culture and sports events, cultural events, religious rites and ceremonies;
3) actions for the commission of which the Code of the Russian Federation on Administrative Offenses establishes administrative liability.
Article 5On ensuring the peace and quiet of citizens at night in the territory of the Moscow Region"
Include in the Law of the Moscow Region No. 1/2008-OZ "On Ensuring Peace and Quiet for Citizens at Night on the Territory of the Moscow Region" (as amended by the laws of the Moscow Region
No. 98/2011-OZ, No. 140/2011-OZ) the following changes:
1) the name shall be stated in the following wording: "On administrative responsibility for offenses in the field of ensuring peace and quiet of citizens on the territory of the Moscow Region";
2) the preamble shall be stated in the following wording:
"This Law establishes the administrative responsibility of citizens, officials and legal entities for offenses in the field of ensuring the peace and quiet of citizens on the territory of the Moscow Region.";
3) Articles 1-3 shall be declared invalid;
4) Article 4 shall be stated in the following wording:
“Article 4. Violation of peace and quiet of citizens
1. Violation of the peace and quiet of citizens during the periods of time provided for by the Law of the Moscow Region No. 16/2014-OZ "On Ensuring the Peace and Peace of Citizens on the Territory of the Moscow Region", -
shall entail a warning or the imposition of an administrative fine on citizens in the amount of one thousand to three thousand roubles; for officials - from five thousand to ten thousand rubles; for legal entities - from twenty thousand to fifty thousand rubles.
2. Committing an administrative offense, provided for by part 1 of this article, for the second time within a year -
shall entail the imposition of an administrative fine on citizens in the amount of four thousand roubles; for officials - from fifteen thousand to thirty thousand rubles; for legal entities - from sixty thousand to eighty thousand rubles.
3. Committing an administrative offense, provided for by part 1 of this article, for the third and subsequent times within a year -
shall entail the imposition of an administrative fine on citizens in the amount of five thousand roubles; for officials - fifty thousand rubles; for legal entities – from one hundred thousand to one hundred and fifty thousand rubles.”;
5) in Article 5:
a) in the name of the word "at night" to exclude;
b) parts 1 and 2 shall be stated as follows:
"one. Protocols on administrative offenses provided for by this Law shall be drawn up by officials of the central executive body of the state authority of the Moscow region of special competence, carrying out executive and administrative activities on the territory of the Moscow region in the field of state administrative and technical supervision (hereinafter referred to as the central executive body of state power of the Moscow region):
1) the head of the central executive body of state power of the Moscow region - the chief state administrative and technical inspector of the Moscow region;
2) first deputy head of the central executive body of state power of the Moscow region - deputy chief state administrative and technical inspector of the Moscow region;
3) deputy head of the central executive body of state power of the Moscow region - deputy chief state administrative and technical inspector of the Moscow region;
4) heads of departments and their deputies; heads of departments, heads of departments and their deputies; heads of departments (heads of departments) in departments and their deputies; consultants - senior state administrative and technical inspectors of the Moscow region;
5) chief specialists - state administrative and technical inspectors of the Moscow region.
2. Cases on administrative offenses provided for by this Law are considered:
1) justices of the peace - in case of an administrative offense committed by a citizen;
2) officials of the central executive body of state power of the Moscow Region, referred to in paragraph 1 of this article, in the event of an administrative offense committed by an official or legal entity.”.
Article 6. Procedure for the entry into force of this Law
This Law shall enter into force 10 days after its official publication.
Governor
Moscow region A.Yu. Vorobyov
No. 16/2014-OZ
Adopted by resolution
Moscow Regional Duma
dated 20.02.2014 No. 9/79-P
Permissible noise levels in the apartment and penalties for exceeding them
According to sanitary and epidemic standards, tools and devices that exceed the level of vibration and noise of 40 dBA during operation are prohibited. Do not interfere in someone else's territory when you are renovating a home.
The noise level from 07:00 to 23:00 should not exceed 40 dB, and from 23:00 to 07:00 - 30 dB.
To avoid conflicts, put yourself in the place of your neighbors. “My home is my castle” is the exact expression. Everyone wants to feel comfortable, cozy and calm in the apartment. And if he sleeps behind your wall Small child, or elderly people live, or even a young person sleeps after a night shift.
Respect your neighbors. It is worth noting that the question “at what time can repairs be carried out in the apartment?” Regarding the seasonal aspect, is not covered in any legislative act.
Neighbors break the law of silence. What to do and where to go?
The law prohibits disturbing peace and quiet. Noisy repair and construction work of other citizens at night is prohibited. According to this Law on Silence, night time is considered to be the time from 21.00 at night to 8.00 in the morning. Residents outside the Moscow region, consult a lawyer on this issue.
The question of whether it is possible to make noise on weekends is not decided by the law in favor of those who are young and active.
The metropolis is a large hostel in which there is no place for liberties.
A multi-story anthill must obey the rules of the hostel, and the reasoning that my apartment is my fortress, a place where you are allowed to do what you want, alas, is nothing more than fantasy.
In contact with
What is Silent Mode
Silence is a law that came into force on 01.01. 2016. Until that time, the peace of citizens was protected by the sanitary standards stated in federal law“On the sanitary and epidemiological situation of the population”, adopted in 1999, and the regulation of 2002, which regulated the rules of conduct and compliance with the permissible noise level.
But it was from 2016 that the norms of the regime and the responsibility for their violation came into force. You can not make noise not only in apartments, but also in the adjacent territories, as well as:
- in medical and preventive institutions;
- kindergartens and schools;
- public places;
- horticultural plots, holiday villages.
It is important to know: wherever citizens live and rest, study, receive medical treatment, etc., it is required to comply with the law on silence.
In many ways, these measures were caused by the dissatisfaction of the residents with the repair work being carried out, the noise from construction tools.
Noise in the apartment
Now, according to the norms of SanPin, the concept of time is interpreted in a new way. The concept of "night time" is excluded, the following is added:
- daytime from 7 am to 11 pm;
- night from 11 p.m. to 7 a.m.;
- morning from 6 to 10 o'clock.
The noise level requirement applies to weekend mornings and public holidays.
Separate norms have been established in Moscow and the Moscow Region. Night from 21 to 8 hours on weekdays, on weekends from 22 to 10 hours. And you can’t make noise on Sunday and a public holiday from 13 to 15 hours.
Permissible noise level in the apartment
The law very clearly sets the norm at 50 decibels during the day and 30 at night. Breaking the law means risking money - now non-compliance with the silence regime is an administrative responsibility and involves the payment of a fine.
Do not make loud noises, as well as:
- play musical instruments;
- listen to a loudly turned on radio or TV;
- use construction equipment, repair;
- use household appliances that make loud noises.
How to determine the volume? Do not walk around with a tester that fixes the volume in your hands. You need to understand that:
- to speak in a whisper means to create a noise of 30dBA;
- speak loudly - 40dBA;
- baby crying - 70 dBA;
- scream - 90 dBA;
- a working vacuum cleaner creates a noise of 75dBA;
- perforator - 90 dBA.
Note: Neighbors are especially quick to respond to the noise of repair work. The maximum allowable noise violation during the day by 5 decibels is allowed, but no more.
In close proximity to railways and highways, the excess is permissible by 10 dB. But this does not mean that you can increase the roar produced by the composition with your scream or other noise.
What to do if your neighbors complain about you
The soundproofing of our apartments leaves much to be desired. The booming sound of footsteps, the running of children, loud laughter, unfortunately, irritates the neighbors, is regarded as an infringement on their rights, on their peace.
What to do if neighbors complain about you? First of all, don't be offended. Neighbors are not chosen, it is our duty to respect them. Do this:
- Get to know your neighbors, make friends with them;
- Take all measures to reduce noise, lay carpets, buy good soft slippers;
- Limit the playfulness of children, classes in the sports section will benefit in every sense;
- Make additional soundproofing in the apartment. Modern soundproofing materials will help.
Today, soundproof pads are used between the base and the laminate, fibrous substances with a high sound absorption coefficient are laid, and a substrate made of polyethylene foam, polystyrene foam, and cork material is used. There are effective technologies for laying a floating floor that does not come into contact with the base, therefore, does not transmit sound vibrations.
Soundproofing of the ceiling and walls is carried out using:
- fiberglass;
- silica fiber;
- vibroacoustic sealant.
Various technologies are used to guarantee peace and quiet in the house. And this is not all the possibilities of the modern construction market.
Take note: such works in the complex will cost from 250 rubles per 1m² to 250€ for the same volume. Expensive, you say, but how much is your health and peace of household?
Acquaintance with neighbors is also useful from the point of view of using common property, which is the entire space of the house with the exception of apartments, and from a criminal point of view, neighbors will help to look after the children, the apartment at the time of your absence.
How to complain about loud neighbors
The law states that the violation of the peace and quiet of the population is a gross violation of sanitary standards, the control over compliance with which is in charge.
It is their duty to measure noise, to determine how much the permissible level is exceeded. Does your neighbor carry out repairs with violations of the silence regime? The inspector will record noise indicators and issue a protocol on an administrative offense.
But if the neighbors run amok at night, what to do? Call the police. It is important to fix the very fact of the violation, file it.
Violation of the silence regime at night is classified as an encroachment on personal life citizens as a violation of public order. In this case, it is not necessary to fix the noise level. The district police officer accepts an application from you, draws it up properly and gives it a go.
The procedure and rules for carrying out repairs according to the law
But still, the neighbors need to agree! Especially if a repair is coming, which takes time, sometimes turns into unplanned work, additional deadlines.
By law, it is not forbidden to carry out repair work in the apartment. On weekdays, it is allowed to engage in construction work from 8 to 18 hours, with a break from 13 to 15 - this is a must!
Weekends and holidays require silence from 10 pm to 10 am. When carrying out work over 6 hours, it is important to leave an hour for silence.
It will be correct to obtain the written consent of the neighbors, this guarantees their understanding and patience. No need to annoy the neighbors - plan a phased work.
General rules for noise work
Silence is not difficult to maintain. Compliance required simple rules:
- not to carry out noise work related to the reconstruction of apartments on public holidays;
- maintain silence at night;
- when carrying out repair and construction work on weekdays, take a break.
That's all the rules. Noise work includes those in which power tools, a hammer, an ax, etc. are used.
For parties, choose a time when it will not disturb the neighbors
How to host a noisy weekend event at home
The same rules should be followed if you need to hold a noisy event on Saturday or Sunday at home. Use the time to have fun when the neighbors can't complain about the noise.
We all want peace, tranquility and understanding on the part of neighbors in an apartment building, but neighbors do not always treat us with understanding. Noise in a neighbor's apartment, friendly gatherings, endless repairs in new buildings, loud music, quarrels and fights - all this, of course, causes great inconvenience for the life of normal, calm citizens.
AT major cities, not to mention densely populated Moscow, the problem of maintaining silence is even more acute. The reason for this is the more intense rhythm of the inhabitants of the metropolis, and the high population density, and the presence of many large apartment buildings and residential complexes.
Moreover, every year the problem of observing the rules of peace and quiet of citizens is becoming more acute. So from the very first days of 2019, more than a hundred complaints from Muscovites about their restless neighbors and street noise have already been registered in the city of Moscow. Compared to last year, the number of applications increased by 20% over the same period.
So how can one fight with neighbors and why operate in negotiations with them? What laws will regulate this issue in the city of Moscow in 2019? Where to turn in case of violations and misunderstanding of the neighbors, do not make noise and keep silence in the house? You can find answers to these questions in this article.
What kind of noise regulates the law of silence
In order to be able to legally regulate the behavior of residents of apartment buildings in the city of Moscow, Law No. 42 “On the observance of the peace of citizens and the norms of silence in the city of Moscow” was adopted. There are no plans to significantly change the law in 2019, including due to the fact that this law has a good law enforcement practice and it works effectively. The law is based on GOST norms that regulate the permissible level of various noise sources, as well as sanitary rules applicable to various types activities.It is with the help of GOSTs in residential premises that the maximum permissible noise level is regulated:
- During the day, the noise level should not exceed 55 decibels.
- At night, you can not make noise above 45 decibels.
You can independently determine the noise level using a device for determining its level (sound meter), which are sold in stores and via the Internet and cost from 2000 rubles. However, it is not at all necessary for citizens to determine the noise level on their own. You can also complain under the assumption that the noise source goes beyond the maximum allowable standards.
It is advisable to independently determine the noise level of one’s activities, for example, during long-term repairs in an apartment; construction work at a construction site near residential buildings; measuring the level of music in a cafe located on the ground floor of a residential building. It is always better to take care of your own activities and its safety for the surrounding citizens than to wait for complaints from these citizens and the application of sanctions.
So, in the city of Moscow, the first floors of residential buildings are often used for commercial activity, including cafes and shops. Muscovites living above these objects of trade and life sometimes have to not only smell the smells spreading from these establishments in their apartment, but also constantly listen to the noise from their activities. The Law on Silence is aimed, among other things, at regulating the relationship between residents of houses and commercial facilities located in them regarding the latter's compliance with the requirements of peace and quiet of citizens.
The Moscow Silence Law of 2019 specifically defines the list of sounds that are forbidden for residents to make at home at certain times. For example, at night (from 11:00 pm to 7:00 am) move furniture around the apartment, sing songs, perform musical compositions, listen to music loudly, or during quiet time for children (day break) to make repairs and make noise in any way. More about concrete examples silence requirements in the city of Moscow, we will talk a little lower.
What time is it forbidden to make noise according to the law in the city of Moscow
By strict regulation, first of all, the law determines what can and cannot be done at night. For the city of Moscow, the period of time from 23:00 to 07:00 is considered night time. It is strictly forbidden in the capital at night:- Play piano, guitar and other instruments.
- By yourself or in the company of friends, sing songs in full voice.
- Loudly listen to music in the apartment, watch TV, listen to the radio (loudly - if you hear it behind the wall in your neighbor's apartment).
- Listen to music loudly in a car, public institution (cafe, restaurant, etc.).
- Make repairs to the apartment.
- Move furniture, move noisily around the apartment (for example, run in shoes, drop objects).
- Use a car horn in a residential area of the city.
Law on silence and noise from apartment renovation
The law on the silence of the city of Moscow in 2019 strictly regulates the procedure for repair work in apartment buildings. Wherein important point is that if you just bought an apartment and you have a building option (an apartment without repair), and the house is new (it has just been put into operation), then within 1.5 years the law on silence has not been written for you, and it is not for you spreads. And this is understandable - the construction option must be turned into comfortable housing, and there is no way to do without the noise of a perforator in the apartment. But if the house is already more than a year and a half old, and you decide to make repairs in it, then in accordance with the Moscow law on silence, in 2019 you will not be able to do repairs:
- On regular days from 19:00 to 09:00 and during quiet hours for children during the day from 13:00 to 15:00. Agree, it turns out a very limited schedule for repairing an apartment, and you will basically have a hammer drill in charging mode.
- Weekends or public holidays. No repair, construction work of apartments these days!
How to fix the violation of silence and where to go to complain?
Where specifically to complain about violators of silence in the city of Moscow depends on who disturbs your peace. The violator can be either a citizen from a neighboring apartment, or commercial organization under the windows of the house. In any case, the violator will face a fine.If a commercial organization makes noise
It can be a restaurant, manufacturing, retail facility, etc. In this case, write a complaint to Rospotrebnadzor for the city of Moscow. In case of an unsatisfactory response to your complaint from Rospotrebnadzor, contact the prosecutor's office or court and seek silence from the noise source or stop its activity if it cannot function in silent mode.
And you can fight not only with a small stall or a noisy grocery store that works at night. You can call for silence construction organization, erecting apartment house; and a factory roaring with its production capacity; and any other large type of business. The law applies to everyone without exception!
If you doubt your ability to fight on your own with an authoritative but noisy disturber of your peace, a lawyer can come to your aid who will collect evidence, conduct the necessary technical expertise, file relevant complaints, and also, if necessary, conduct a lawsuit against the violator of the law.
If the neighbor in the apartment behind the wall makes noise
Rospotrebnadzor will not be able to help much. In this case, you have two options for the development of events.
The first option is to call the police. Here we must assume that the noise from the neighbor is long and it will not become quieter before the arrival of the police. If this happens, the police officer will record the fact of violation of the law by the neighbor and draw up a report on this, on the basis of which the neighbor will be held administratively liable (fine).
The second option: self-fixation of noise from a neighboring apartment. If you see that the noise is short-term, periodically repeating and it is difficult to assume that it will take place at the time of the arrival of a police officer, it makes sense to record this violation of the law yourself.
What can be used for this? Any means of audio-video recording: record a noisy action from a neighbor on a phone, video camera, voice recorder, video recorder, etc. You can enlist the support of neighbors from other apartments, who are also tired of the noisy guest. Now you can safely go to the police or to the district police officer with a statement about the unlawful actions of a citizen to disturb peace and quiet in the city of Moscow. In the application, we indicate who your witnesses are and what evidence there is of the neighbor's ugly disgrace.
What is the responsibility for violating silence
In accordance with Article 3.13 of the Code of Administrative Offenses of the Russian Federation for the offenses in question:- Citizens are held liable in the form of a fine in the amount of 1 to 2 thousand rubles.
- Officials and managers are responsible within 4 - 8 thousand rubles.
- Organizations and individual entrepreneurs for noise are subject to a fine in the amount of 40 to 80 thousand rubles.
In addition, if a citizen’s health was affected due to a violation of silence (for example, a neighbor was noisy at a time when an elderly or seriously ill person was behind the wall in the apartment), you have the right to compensate through the court for moral damage from unlawful actions on the part of the offender. In 2019, the courts of the city of Moscow recover moral damages from the defendants in such disputes in the amount of 50 to 100 thousand rubles, and also reimburse all additional expenses for conducting a case in court (costs for an examination, a lawyer, state duty).
The 2019 FIFA World Cup and the Silence Law
Tell me which one football match without noisy fans in the stands and Moscow streets, without loud TVs in the apartments of Muscovites and friendly shouts of “Goal”? It is assumed that for the period of the 2019 FIFA World Cup, the matches of which will be held, including in the city of Moscow, the law on silence will be suspended for the duration of matches in Russian cities.At the same time, indulgences in the law will not apply to all sources of noise, but to noise associated with sports competitions. It is clear that if, under the auspices of the championship, your neighbor starts working as a puncher in the apartment at night, moving furniture or screaming in a drunken stupor, he cannot avoid administrative responsibility.
Online legal service of a lawyer: Gennady Efremov provides a remote legal service for writing and sending a complaint to the authorities of Rospotrebnadzor, the police, the prosecutor's office about the violation of your rights by the source of noise (trade, entertainment, construction, production and any other facility). If you live in Moscow, the Moscow region or any other city, you can:
- Contact a lawyer at: [email protected] website or whatsapp: 89897098888 .
- Conclude an online contract for the preparation of a complaint by a lawyer.
- Describe the nature of the violations, information about the offender.
- Pay for legal services 5,000 rubles.
- I will send you a copy of the sent complaint and a postal receipt confirming that it has been sent to the addressee by e-mail.
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