How to deal with neighbors by law: Instructions for solving the most frequent conflicts

Anonim

The cause of the quarrel in an apartment building can be incessant repair, parties until the morning, trash on the staircase. But if you show perseverance, you can find a controlled by almost any restless neighbors.

How to deal with neighbors by law: Instructions for solving the most frequent conflicts 11220_1

Restless neighbors

Photo: shutterstock / fotodom.ru

On average around the country, as polls found out, the neighboring friendliness index was 7.6 points out of 10 possible. Problems in relations between neighbors in small towns (for example, Biysk, Nizhnekamsk) are less than large. The exception was Kazan, Ekaterinburg and St. Petersburg, where good relations with neighbors also appreciate.

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What to do with noisy neighbors

When designing and building residential buildings, SP 51.13330.2011 "Noise Protection". According to these rules, the walls of residential premises and overlaps in apartment buildings should weaken the sound propagating through the air at night, by 50-55 dB. Impact noise (for example, sound from walking in shoes on heels on the floor, not a shunk carpet or carpet) should be loosened by 60 dB.

Permissible noise standards are installed in each region. In Moscow, for example, the law "On compliance with citizens and silence at night in the city of Moscow" has been operating, adopted in 2002 such regulatory acts (they are sometimes called "laws about silence") establish that a pronounced and objectively existing noise (loud Music running on high volume TV or radio, screams, playing musical instruments, rumble of pyrotechnics) is the basis for going to law enforcement agencies with a complaint.

Especially protected from noise territories are:

  1. premises of hospitals, sanatoriums, rest houses;
  2. premises of residential buildings, kindergartens, boarding schools;
  3. Rooms in hotels;
  4. Residential premises in hostels;
  5. premises of general use in residential buildings, hospitals, sanatoriums, holiday homes, hotels, hostels, boarding schools;
  6. Territories of residential buildings, medical institutions, holiday homes, boarding houses, hotels, hostels, boarding schools;
  7. Recreation platforms.

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Standards

The difficulty lies in the fact that the noise level independently residents can not. For this it is necessary to order measurements from specialists of accredited organizations.

The standards of permissible noise in residential rooms of apartments and houses (for the time of day from 7 to 23 h) is 40 dBA. There are also an ekivalent and maximum sound levels.

  • Equivalent - the sound level of constant noise, which is measured by a certain period of time (in different frequency bands).
  • Maximum - the sound level of non-permanent noise (single sound impact).

We give a few more digits for comparison: the noise of the wind foliage is 30-35 dBA, a calm conversation - 50 dBA, birds singing, crickets - 50 dBA (on the device with a filter a).

Monitoring the noise level in Moscow is carried out regularly. The violation of silence provides for a warning and a fine, which for citizens is 1-2 thousand rubles, for officials - 4-8 thousand rubles, for legal entities - 40-80 thousand rubles.

A single law governing the noise level depending on the day does not exist, such laws are accepted in each region separately; They are adjustable and the time when the sound volume must be limited, and its limit parameters

Standards of the maximum sound level in different rooms (according to the law of Moscow)

Maximum sound level Daytime (from 7:00 to 23:00) Night time (from 23:00 to 7:00)
In the apartment 55 dba 45 dBA
On the territory directly adjacent to residential buildings 70 dBA 60 dBA
At holiday sites on the territory of microdistricts and groups of residential buildings 60 dBA 60 dBA
In the wards of hospitals and sanatoriums, in operating hospitals 50 dba 40 dba

How to deal with noisy neighbors

First you can try to get acquainted with a noisy neighbor. Perhaps he simply does not understand how preventing others. If, after a conversation with a neighbor, the situation has not changed, it is necessary to contact the police.

Even before the arrival of the police, it would be useful to make an audio or video of the noise source. In addition, it would be nice to clarify from other neighbors whether they are ready to act as witnesses.

After your call, police officers are obliged to hold an explanatory conversation with residents of the "Restless" apartment. In the event that the actions of your neighbors fall under the regional "laws on silence", police officers will have to make a protocol on an administrative offense.

The protocol must be sent to court for 3 days to make a decision to attract the violators to justice.

If a neighbor's neighbor is preventing not only to you, but also to other residents of the house, it makes sense to apply with a collective complaint to the district authorized. If you plan to apply for a compensation for moral damage (for example, if due to the violation of the silence regime, you were forced to seek treatment or rented a hotel room in order to complete an important project), be sure to keep the second instance of the application.

In Moscow, repair work in residential buildings can be held on weekdays and Saturdays - from 09:00 to 19:00 with a break by 2 hours (13: 00-15: 00); Housing owners in a new building can within a year and a half after the delivery of the house make repairs in the bright time of the day without interruption.

Restless neighbors

Photo: shutterstock / fotodom.ru

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What to do with noise on the street

You can complain about the works that they seem to be for the benefit of everyone, - the repair of the road, the cleaning of the street, the improvement of the local area, if these works are carried out in an inappropriate time.

Compliance with sanitary standards is controlled by Rospotrebnadzor, so the complaint for construction noise must be submitted to the territorial division of Rospotrebnadzor at the place of your residence. The complaint can be prepared in writing or electronic form.

Do not forget to indicate:

  • F. I. O., accurate address of accommodation, email address (if you want to get an answer in this way);
  • telephone number for communication;
  • Detailed description of the problem (where and when construction works are underway, which contract organization is carried out, an approximate noise level);
  • If you can fix the fact of violations, attach photos or video.

If the complaint is fed from the face of the neighbors group, they will need to sign each of them; In order for the authorized representative of Rospotrebnadzor to contact the complainants, it is necessary to choose a contact person - a person who will be ready to explain the essence of your appeal.

After receiving the complaint, the staff of Rospotrebnadzor will have to carry out a sanitary and epidemiological examination (assessment) of the noise level, the measurements will be made directly in those apartments (apartment), where they lived (submitted) complaint. Be prepared for the fact that an employee of Rospotrebnadzor can come at night - the noise will measure in those hours when it interferes.

By producing separately measurements of the noise level during the operation of the building equipment and separately with the equipment off, the staff will draw up a motivated conclusion about whether there are violations in the actions of the construction contractor.

If the standards of SanPiN are violated, with respect to the contractor, measures of administrative responsibility will be applied (violation of Art. 6.3 of the Administrative Code, that is, a violation of legislation in the field of providing sanitary and epidemiological well-being of the population, the imposition of a fine on a legal entity in the amount of from 10 to 20 thousand rubles or Administrative suspension of activities for up to 90 days).

In case Rospotrebnadzor violations did not reveal, but the problem remains, it is necessary to apply to the prosecutor's office or the court.

Restless neighbors

Photo: shutterstock / fotodom.ru

What to do if the neighbors made a leaving redevelopment

If your neighbors do (or have done) redevelopment, the result of which can threaten the safety of housing or to present a danger to life, it is necessary to deal with the complaint. The first step is a statement to the management company, which is responsible for the proper content of the common property of the apartment building and the safety of people living in it.

The complaint is drawn up in arbitrary form. The text needs to specify the name of the management organization, state the essence of the problem.

In response to a complaint, the management company will be obliged to send the owner a written notice of the need for an apartment survey.

If the owner of the "dangerous" apartment is ready to start a representative of the management company, to present permission to redecessing or demonstrate the absence of any changes in the apartment, the problem is resolved by itself.

If the owner does not open the doors, then you yourself or representatives of the management company can send a complaint to the State Housing Inspection.

Upon conversion, the housing inspection will have to check. The owner of the apartment will be known about the upcoming test indicating the time and date.

If the owner does not find a home, the inspection will re-send a notice of the new time of the Commission's visit.

In the event that the expiration representatives will never be able to get to the apartment for inspection, they can go to court.

If the owner gave access to the apartment and as a result of the inspection, the Commission discovered an inconsistent redevelopment, the representative of the heading must compile a protocol on an administrative offense. Punishment is a fine and commitment to return the apartment to the original state.

Finally, one more possibility remains to appeal to the prosecutor's office. This version of the development of events is possible if you are confident in the fact of illegal redevelopment, and the housing inspection did not see anything reprehensible in the actions of your neighbor.

In addition to the complaint itself (it is written in free form), it is necessary to apply the official response of the housing inspection and an act of surveying housing (if the inspection took place). It is necessary in order to eliminate the likelihood of refusing to make a complaint to consideration until the prosecutor's office will receive an answer from the housing inspection.

The prosecutor's office should conduct an inspection on the facts set out in the complaint. If the facts set forth are confirmed, the owner of the apartment must be prosecuted (perhaps even improving criminal liability, if the actions of the neighbor could cause a threat to life and health).

How to deal with unclean neighbors

As you know, no less than noise, irritates the garbage on the staircase or numerous animals living in the apartment in the center of the head of the neighbor.

It is possible to start struggling with purity violators with the fact that to put out the ads of access to neighbors on the boards not to leave the garbage in the entrance and follow the rules of the hostel. We will negate that the law does not provide a restriction on the number of animals that can live in the apartment, so fighting lovers of homemade zoos are the most difficult.

If the ads are ignored, you can contact the management company. On the Criminal Code is entrusted with the responsibility for maintaining order in the entrances of apartment buildings. It must be said that fines for non-fulfillment of this duty are quite tangible, so representatives of the management company will find intelligible words for the intruder.

In the event that the effect is not achieved, it is necessary to write a statement to the police (for fixing the fact of the violation), and then complain to Rospotrebnadzor.

Restless neighbors

Photo: shutterstock / fotodom.ru

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What if the neighbors assigned part of the total territory

Another reason for neighboring wars is the seizure of the territory of the entrance (close space, turning the staircase march, the common intercountry vestibule) or the local area.

It is well known that the entire property of an apartment building is in the joint owner of its owners. For this reason, all actions relating to the territory of general use are solved by the general meeting of residents.

Thus, if you have a spontaneous winter sauker on the staircase, an eloquent winter scooter appeared or unexpectedly turned out to be fenced and closed on the castle the playground on the first floor (traditional place for baby strollers, scooters and bicycles), it is necessary to contact the home owner partnership (HOA) or control Company.

In addition, lovers leave major things in the stairwell can be reminded that this violates the fire facility.

It must be said that the appeal to the fire supervision (he joined the Ministry of Emergency Situations) turns out to be more effective than complaints about the management company. Installation inspectors are usually verified for a maximum of three or four days, since the headset litigation really threatens security.

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Disputes for Parkovka

Finally, the war can turn around the parking space. It happens that the place under the car is wallped with a chain or stick a locking device in the form of a rising column (during the absence of a car). It even happens that a person who considers a certain parking place with his own (as well as otherwise, after all, he has been parked here for many years, and you only bought a car yesterday), spoils the car of a neighbor who put it on someone else's place. Or under the place of recreation of the iron horse is occupied by lawn or flower garden.

However, only his owner can make the right to space in the courtyard. If parking spaces on the local area can be bought or renting, the problem is solved simply. The management company establishes locking devices of any design, and the keys from them are distributed to the owners (tenants) of parking spaces. Otherwise, to use the territory of the yard can any car enthusiast.

Please note: the enjoyment of land plots falls under Art. 1 kamer. If you have such self-saving parking in the courtyard, fix the situation (along with the numbers of the parked vehicle) and send the complaint to the district prefecture or the control system with the contact details.

Consideration of such complaints is under the jurisdiction of state engineering services of the area, which are responsible for the content of the courtyard territories. Car owner - a lawn integrity impairment faces a fine of 5 thousand rubles. (in Moscow), you can complain through the Public Services portal.

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