Legal reasons: what can be done if the upstairs neighbors are constantly making noise?

Today, about 60% of residents of developed cities suffer from increased noise exposure. If neighbors upstairs are constantly making noise, especially at night, this has a negative impact on well-being, psycho-emotional state and even health. But what to do in this case? Our answer is to study the law and collect evidence.

What to do if your upstairs neighbors are noisy: the law on silence

The right to silence is mentioned in several laws:

• Constitution of the Russian Federation (Part 3, Article 17);
• Federal Law No. 52 of March 30, 1999 (clause 3, article 23);
• SanPiN 2.1.2.2645-10 VI;
• Government Decree No. 25 of January 21, 2006 (clause 6);
• Housing Code (part 4 of article 17 and part 4 of article 30).

In short, the law requires not to violate the rights of others and to maintain housing in accordance with established standards, including noise levels.

Administrative liability is not provided for in federal legislation. Both in 2019 and at the beginning of 2020, punishment for violating silence is regulated by regional legislation.

Acceptable noise level

Annex SanPiN 2.1.2.2645-10 states that the noise level should not exceed 55 dBA during the day and 45 dBA at night.

For comparison:

• the noise of leaves in the forest corresponds to 20 dBA;
• quiet speech – 30 dBA;
• normal conversation – 50 dBA;
• baby crying - 80 dBA;
• swearing and repair work - 100 dBA.

The measurements are correct if the sound source is in close proximity.It should be borne in mind that walls significantly reduce noise levels. If you can only hear echoes of your neighbors’ activities, this is a normal option even at night. If children are running around until 11 p.m., the noise is also unlikely to exceed the permissible 55 decibels.

To determine the volume of sounds coming from neighbors above, you should use a sound level meter. The price for this device starts from 3 thousand rubles. As an alternative, you can install the Sound Meter program on your smartphone. But, of course, its readings are not so accurate and only give an approximate idea of ​​the noise level in decibels.

Silent mode in different regions

As many people know, the permissible noise threshold from neighbors in apartment buildings differs at different times of the day.

It is generally accepted that the daytime mode with a sound tolerance of 55 dBA lasts from 7 to 23 hours. Accordingly, the night mode with a limit of 45 dBA is valid from 23 to 7 o'clock. However, the timing of the quiet period differs slightly in different regions.

Regional legislation also requires silence for 2 hours during the day. The so-called “quiet hour” is valid from 12 to 14 hours or from 13 to 15 hours.

Silence modes in different regions:

• Moscow and Krasnodar region: 23:00 – 7:00, repairs are prohibited on Sundays and holidays.
• Moscow region: 21:00 – 11:00 on weekdays, 22:00 – 11:00 on weekends, quiet time – from 13:00 to 15:00.
• St. Petersburg: 22:00 – 8:00 on weekdays, 22:00 – 12:00 on weekends and holidays.
• Samara region: 22:00 – 8:000 (in summer – after 23:00).
• Krasnoyarsk: 22:00 – 9:00, construction work is prohibited on Sunday.
• Arkhangelsk, Tyumen, Tatarstan: after 22 hours.
• Kaliningrad region: 23:00 – 6:00.

In addition, in many regions it is prohibited to decorate walls, floors and ceilings between 19:00 and 9:00. There are also restrictions on the duration of continuous noise. The maximum allowed time is 6 hours.

Where to go if your neighbors are noisy?

First you need to determine where exactly the noise is coming from and try to resolve the issue peacefully. If children are noisy, you should talk to the parents, if the apartment is rented, talk to the owners. Remind your neighbors of the current regulations.

If a personal conversation does not bring results, contact the competent authorities. Problems of violating the silence regime are dealt with by:

• district police officer;
• police department;
• court.

You can call 02 or come in person to the police station and write a statement. Over the phone or on paper, you need to indicate the address where the established standards are violated, your full name and briefly state the essence of the problem. You can also submit a written statement to the court.

Be sure to check and write down the reference number. It may be needed in further proceedings.

How does the law work?

What is the threat to neighbors for disturbing the peace?

• When contacting law enforcement agencies, neighbors must be educated and given a warning.
• For violating the silence more than 2 times per month, a fine is imposed. In different regions, the amount of the fine varies from 500 to 3 thousand rubles for individuals, officials - 3-8 thousand rubles, legal entities - up to 80 thousand rubles (for noise at night). If the violators made noise during the daytime, the amount of the fine is much less - from 100 to 500 rubles.
• When going to court, you can demand compensation for moral damage.If the authority establishes that such damage has been caused, the troublemakers will have to pay not only an administrative fine, but also moral damage to the victims, medicines and the services of an independent expert.
• As a radical measure, you can file a lawsuit to force the eviction of noisy neighbors. But a positive decision will require a lot of effort. We need strong evidence of violation of the rules of housing use.

For several years now, the law on silence has not been within the jurisdiction of the district police officer. The police do not issue a fine. A special commission of the city or district administration has such powers, to which the case materials are sent. For a positive decision, it is important that they contain significant evidence of the violation.

New bill

According to O. Pavlova, a member of the Committee on Labor and Social Policy, before the end of the spring session of 2020, it is planned to introduce a new bill on silence to the State Duma:

• Neighbors will be fined at the federal level, and management companies will begin to accept complaints. Then they will submit written complaints to the housing inspectorate, and they will collect a fine from the apartment owner.
• It is proposed to introduce a quiet regime at night after 11 pm for 8 hours. The amount of the fine will increase significantly: it will be 5–50 thousand for individuals and 50–150 thousand for legal entities.

However, the authors of the bill emphasized that the new law will not contain absurd restrictions, such as the cry of a child, the noise of ordinary steps or water in engineering systems.

So, there are still no gag laws at the federal level. Although some documents prescribe not to violate the rights of other residents of the house, they do not have specific mechanisms for protecting against violations. In 2020, standards are set by the regions, and complaints about disturbances of peace are considered by commissions under the administration (which are not always there) or by the court. You can file a complaint with the police - the local police officer will talk to the violators. Sometimes just the sight of an employee has a calming effect on neighbors, and they stop making noise.