Disputes with neighbors and ways to resolve them

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On average across the country, surveys found, the neighborhood friendliness index was 7.6 points out of a possible 10. There are fewer problems in relations between neighbors in small cities (for example, Biysk, Nizhnekamsk) than in large ones. The exceptions were Kazan, Yekaterinburg and St. Petersburg, where they also value good relations with their neighbors.

• Laws and finance

  What to do if your neighbors are noisy at night: 5 possible solutions to the problem

What to do with noisy neighbors

When designing and constructing residential buildings, SP 51.13330.2011 “Noise Protection” is used. According to these rules, the walls of residential premises and ceilings in apartment buildings must attenuate sound traveling through the air at night by 50–55 dB. Impact noise (for example, the sound of walking in high-heeled shoes on an uncarpeted or carpeted floor) should be attenuated by 60 dB.

Permissible noise standards are established in each region. In Moscow, for example, there is a law “On maintaining the peace of citizens and silence at night in the city of Moscow,” adopted in 2002. Such regulations (they are sometimes called “silence laws”) establish that expressed and objectively existing noise (loud music, a TV or radio playing at high volume, shouting, playing musical instruments, the roar of pyrotechnics) is grounds for contacting law enforcement agencies with a complaint.

Areas especially protected from noise are:

1. premises of hospitals, sanatoriums, rest homes;
2. premises of residential buildings, kindergartens, boarding schools;
3. hotel rooms;
4. residential premises in dormitories;
5. premises for common use in residential buildings, hospitals, sanatoriums, rest homes, hotels, hostels, boarding schools;
6. territories of residential buildings, medical institutions, holiday homes, boarding houses, hotels, hostels, boarding schools;
7. recreation areas.

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Standards

The difficulty lies in the fact that the residents of the house cannot measure the noise level on their own. To do this, you need to order measurements from specialists from accredited organizations.

The permissible noise standard in living rooms of apartments and houses (for the time of day from 7 a.m. to 11 p.m.) is 40 dBA. There are also equivalent and maximum sound levels.

• Equivalent - the sound level of constant noise, which is measured over a certain period of time (in different frequency ranges).
• Maximum—sound level of intermittent noise (single sound exposure).

Let's give a few more numbers for comparison: the noise of leaves from the wind is 30–35 dBA, a calm conversation is 50 dBA, birds singing, the chirping of crickets is 50 dBA (on a device with filter A).

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

There is no single law regulating noise levels depending on the day; such laws are adopted in each region separately; they regulate both the time when the sound volume should be limited and its limit parameters

Maximum sound level standards in various rooms (according to Moscow law)

How to deal with noisy neighbors

First of all, you can try to get to know your noisy neighbor. Perhaps he simply does not understand how much he interferes with others. If after talking with your neighbor the situation has not changed, you need to contact the police.

Even before the police arrive, it would be useful to make an audio or video recording of the source of the noise. In addition, it would be a good idea to check with other neighbors if they are willing to act as witnesses.

After your call, police officers are required to conduct an explanatory conversation with the residents of the “troubled” apartment. In the event that the actions of your neighbors fall under the scope of regional “silence laws,” police officers will be required to draw up an administrative violation report.

The protocol must be sent to the court within 3 days to make a decision on bringing the offender to justice.

If a rowdy neighbor interferes not only with you, but also with other residents of the house, it makes sense to file a collective complaint with the local district commissioner. If you plan to file a claim for emotional damages (for example, if a breach of the quiet order forced you to seek treatment or rented a hotel room to complete an important project), be sure to save a second copy of the claim.

In Moscow, repair work in residential buildings can be carried out on weekdays and Saturdays - from 09:00 to 19:00 with a break of 2 hours (13:00–15:00); homeowners in a new building can carry out repairs during daylight hours without interruption for a year and a half after the completion of the house.

Photo: ShutterStock/Fotodom.ru

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Problems with neighbors

Advice from lawyers:

I rent an apartment and have already paid in advance. But I have problems with my neighbors and I want to move out of this apartment. Question: Will I get my money back?

6 answers

Problems with neighbors, their bathhouse is on my land, they won’t let me put up a fence, they insult me ​​in every possible way... I live alone, they take advantage of this and bully me.

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I have a problem with my neighbor! We live in a two-flat house, our neighbor regularly

4 answers

We have a problem with our neighbors, I have land for 19 acres and documents for the land, but there is no land surveying with neighbors,

3 answers

There is a problem with the neighbors regarding the fence. When I built it entirely at my own expense,

3 answers

I have a problem with my neighbors, they want to block off the windows of our house that overlook their territory with fences,

3 answers

Problem with neighbors! They complain that my girlfriend and I are loud! We stomp in the morning, we behave loudly at night!

3 answers

In the summer of 2020, I bought an apartment (secondary housing). The seller of the apartment asked me not to evict his wife and daughter from the apartment.

3 answers

How can we solve the problem with our neighbors? After 22.00 we don’t make any noise, but they constantly call the police and now we are being summoned to court. Tell me what to do and who to contact.

3 answers

Problem with neighbors. An 87-year-old woman lives behind the wall. Every night there are cries for help, swearing.

3 answers

I have a problem with my neighbors. They have three children and the mother leaves the children with their grandmother.

3 answers

Problem with neighbors downstairs. We are doing major renovations in an old Khrushchev apartment, but the neighbors do all sorts of harm and do not give us peace. What should I do in such a situation?

3 answers

I have big problems with my neighbors. One day, sitting on the couch and reading a book, I hear through the ceiling that the neighbors above me are reading to me what is written on the page.

3 answers

I live in a village and I have a problem with my neighbors; they quarreled over moving a fence,

3 answers

We built a house in a dacha cooperative for agricultural purposes, we have completed the documents, we will already register,

3 answers

We have such a problem, we share the same wall with a neighbor and we want to insulate the wall from the outside, but she won’t allow us to climb onto her roof, what should we do? Young family, please help.

3 answers

1/2 shared ownership of the home. Big problems with neighbors. How can you take ownership?

3 answers

I have a problem with my neighbors in the country! I put up a chain-link fence... it’s useless,

3 answers

We want to build a wooden garage in the private sector near the house, but there is a problem with the neighbors regarding fire safety.

3 answers

I am building a house on my site, retreating three meters from the fence with my neighbor, and the balcony, on the second floor, protrudes towards the fence by about 1.5 meters.

3 answers

Problems with a neighbor, I wanted to buy a plot (56 sq. m) which is located between our plots!

3 answers

We have a problem with our neighbors, I have land for 19 acres and documents for the land, but there is no land surveying with neighbors,

2 answers

We have a problem with our neighbors, we have stones under the fence on our side and the neighbor pushes them back into the garden. What measures can be taken?

2 answers

My mom has problems with her neighbor, he secretly connects electricity to her and uses it.

2 answers

What to do about street noise

You can also complain about work that seems to be for the benefit of everyone - road repairs, street cleaning, landscaping of the local area, if these works are carried out at inappropriate times.

Compliance with sanitary standards is monitored by Rospotrebnadzor, so a complaint about construction noise must be filed with the territorial division of Rospotrebnadzor at your place of residence. The complaint can be prepared in written or electronic form.

Don't forget to indicate:

• Full name, exact residential address, email address (if you want to receive a response this way);
• telephone number for contact;
• a detailed description of the problem (where and when construction work is being carried out, which contractor is carrying it out, approximate noise level);
• If you can document a violation, attach photographs or video footage.

If the complaint is filed on behalf of a group of neighbors, the signatures of each of them will be required; In order for an authorized representative of Rospotrebnadzor to contact complainants, it is necessary to select a contact person - a person who will be ready to give explanations on the merits of your appeal.

After receiving a complaint, Rospotrebnadzor employees will be required to carry out a sanitary and epidemiological examination (assessment) of the noise level, and measurements will be made directly in those apartments (apartment) where those who filed the complaint live. Be prepared for the fact that a Rospotrebnadzor employee may come at night - the noise will be measured precisely at those hours when it interferes.

By taking separate measurements of the noise level when construction equipment is operating and separately when the equipment is turned off, employees will draw up a reasoned conclusion about whether there are any violations in the actions of the construction contractor.

If SanPin standards are violated, administrative measures will be applied to the contractor (violation of Article 6.3 of the Code of Administrative Offenses, that is, violation of legislation in the field of ensuring sanitary and epidemiological welfare of the population, entails a fine on a legal entity in the amount of 10 to 20 thousand rubles or administrative suspension of activities for up to 90 days).

If Rospotrebnadzor has not identified any violations, but the problem remains, you must file a complaint with the prosecutor’s office or court.

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What to do if your neighbors have made a disastrous redevelopment

If your neighbors are doing (or have done) redevelopment, the result of which may threaten the safety of their home or pose a danger to life, you must file a complaint. The first step is an application to the management company, which is responsible for the proper maintenance of the common property of the apartment building and the safety of the people living in it.

The complaint is drawn up in any form. The text must indicate the name of the management organization and state the essence of the problem.

In response to the complaint, the management company will be required to send the owner a written notice of the need to inspect the apartment.

If the owner of a “dangerous” apartment is ready to let in a representative of the management company, present permission for redevelopment, or demonstrate the absence of any changes in the apartment, the problem will resolve itself.

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

Upon receipt of the application, the housing inspectorate will have to conduct an inspection. The owner of the apartment will be notified of the upcoming inspection, indicating the time and date.

If the owner is not at home, the inspection will re-send a notification about a new time for the commission’s visit.

If representatives of the housing inspectorate cannot get into the apartment for inspection again, they can go to court.

If the owner provided access to the apartment and, as a result of the inspection, the commission discovered an unapproved redevelopment, a representative of the housing inspectorate must draw up a protocol on the administrative violation. The punishment is a fine and an obligation to return the apartment to its original condition.

Finally, there remains one more option - contacting the prosecutor's office. This scenario is possible if you are sure of 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 attach an official response from the housing inspection and an inspection report of the housing (if the inspection took place). This is necessary in order to eliminate the possibility of refusal to accept the complaint for consideration until the prosecutor’s office receives a response from the housing inspection.

The prosecutor's office must conduct an investigation into the facts stated in the complaint. If the facts stated in the appeal are confirmed, the owner of the apartment must be held accountable (even criminal liability is possible if the actions of a neighbor could cause a threat to life and health).

How to deal with unscrupulous neighbors

As you know, litter on the staircase or the numerous animals living in the apartment of a compassionate grandmother-neighbor are no less annoying than noise.

You can start to deal with violators of cleanliness by posting messages on notice boards asking your neighbors not to leave garbage in the entrance and to follow the rules of the hostel. Let us make a reservation that the law does not provide for a limit on the number of animals that can live in an apartment, so it is most difficult to deal with lovers of home zoos.

If the advertisements remain unheeded, you can contact the management company. The management company is responsible for maintaining order in the entrances of apartment buildings. It must be said that the fines for failure to fulfill this obligation are quite significant, so representatives of the management company will find intelligible words for the violator.

If the effect is not achieved, you must write a statement to the police (to record the fact of the violation), and then file a complaint with Rospotrebnadzor.

Photo: ShutterStock/Fotodom.ru

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Problems with neighbors: how to defend your rights under the law

The dog in the apartment on the right barks in the morning, loud music plays every night in the apartment on the floor above, and someone constantly parks their car on the lawn? Unfortunately, you don't choose your neighbors. But they can be fought with legal methods.

Problems with neighbors: how to defend your rights under the law

Not everyone reacts adequately to the remark to turn down the music or not to drill into the wall on Sunday. Neighborhood wars can last for years, but if you know your rights and act according to the letter of the law, all problems can be solved after the first visit to the offender.

When can you make repairs?

Repairs cannot be started and finished, they can only be stopped temporarily. Thanks to the law on silence, improved in 2020, it is now impossible to:

• carry out noise work to redevelop the premises on Sundays and holidays;
• do repairs before 9 am, after 7 pm;
• carry out noisy work from one to three in the afternoon.

If neighbors violate the established rules, you should call a local police officer or a police representative. An individual will pay a fine from 1 to 2 thousand rubles, a legal entity – up to 80 thousand rubles. You should also contact the Housing Inspectorate with a request to check your noisy neighbor for any uncoordinated redevelopment. If a violation is detected, he will face another fine and an order to return everything to its original form or approve redevelopment.

When is it okay to make noise?

Despite the fact that my home is my fortress, I can only make noise in my own apartment according to a schedule. On weekdays in the capital - from 9 am to 7 pm, in the Moscow region - from 8 am to 9 pm. On Sunday you need to be quiet.

But even ordinary noise has its limits. During the day - no more than 55 dBA, at night - 45 dBA (plus or minus 5 dBA). Do you hear your neighbors arguing? This means the noise level is as much as 60 dBA.

Flooding of an apartment: what to do

If you notice the first signs of flooding, you should immediately pay a visit to your neighbors, as they may not even know that the lower floors are flooding. For example, if the pipes are behind a wall or in a closed box. The same thing can happen with a built-in dishwasher or washing machine.

“You should immediately call the management company so that the representatives will shut off the riser and draw up a flood report. It is also necessary to warn the neighbors below about the incident in order to exclude yourself from the list of culprits and not receive a lawsuit from the victims,” shares Alexey Shmonov, CEO of the real estate portal Move.ru.

The damage caused must be compensated, regardless of whether the owner is at fault for the leak or not. According to the law, the owner is obliged to monitor the condition of communications in the apartment. If he spontaneously changed the pipe laying scheme, incorrectly connected instruments and equipment, the blame lies entirely with him. However, the management company is responsible for the riser. The causes of flooding must be recorded in the report.

You can try to solve the problem peacefully. But if the neighbors do not cooperate, you will have to go to court.

Problems with pets

One person's rights end where another person's rights begin. When living in an apartment building, you need to take into account your neighbors, and it is strictly forbidden to violate sanitary standards and the interests of other persons.

According to the law, you cannot walk your dog without a muzzle. Pet owners are required to clean up pet excrement. Fine – 2000 rubles. In case of repeated violation, the amount of the fine increases by 2 times.

The pet must have a veterinary passport and it must be vaccinated. The pet must live only in the owner's living space. If an animal causes harm or damage to another person, the owner is responsible for its actions. Does a dog/cat shit in the entrance? Is your neighbor's bulldog too noisy? You need to complain to the police. A class action lawsuit can be filed.

Wrong parking

The fine for parking on a lawn is 500 rubles, and in Moscow and St. Petersburg it is 2,500 rubles. On the sidewalk - 1000 rubles and 3000 rubles, respectively. If trees or bushes were damaged during parking, the fine increases to 4,000 rubles.

What to do if neighbors have appropriated part of the common territory

Another reason for neighbor wars is the seizure of the entrance area (under-staircase space, turn of a flight of stairs, common inter-apartment vestibule) or local area.

It is well known that all property of an apartment building is jointly owned by its owners. For this reason, all actions relating to common areas are decided by a general meeting of residents.

Thus, if you have spontaneous winter parking for a neighbor’s scooter on your staircase, or the area on the first floor (a traditional place for strollers, scooters and bicycles) suddenly turns out to be fenced and locked, you need to contact the homeowners association (HOA) or the property manager. company

In addition, those who like to leave large items in the entrance can be reminded that this violates fire safety rules.

It must be said that an appeal to the fire department (it is under the jurisdiction of the Ministry of Emergency Situations) is in some cases more effective than a complaint to the management company. Fire inspection inspectors usually carry out an inspection within a maximum of three to four days, since littering the entrance really threatens safety.

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What to do if a neighbor you don't like becomes a friend?

Sometimes it happens that a neighbor who is unpleasant to you begins to persistently try to become your friend. In this situation, some people unwittingly go into conflict, but in fact this is a big mistake.

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In the current situation, it is worth taking a position of neutrality. I would still suggest establishing relationships based on mutual assistance, but not in the case when a neighbor asks for friendship in order to borrow money, or he is simply looking for an interlocutor to discuss local gossip.

Remember that neighbors with whom you initially develop warm relationships can become your friends in the future. In addition, a person who has lived in the house at least a little longer and, moreover, has a certain trust on the part of other residents, can be a faithful assistant in your successful settlement in a new place. Drinking tea together with such a person can very soon turn into a pleasant bonus.