Acceptable noise level
Sanitary and epidemiological standards establish the maximum permissible noise level in residential premises. Their compliance is necessary so that all residents of apartment buildings feel comfortable in their apartments.
Thus, noise level standards in residential premises are not intended to spoil the lives of music lovers, but to protect the psychological health of all residents of the house.
In accordance with Sanitary Standards SN 2.2.4/2.1.8.562-96 “Noise in workplaces, in residential and public buildings and in residential areas,” the maximum noise level in residential premises is:
- 55 dB during the daytime (from 7.00 to 23.00);
- 45 dB at night (from 23.00 to 7.00).
The periods of daytime and nighttime are established by regional legislation. Therefore, they differ in different regions of the Russian Federation.
Noise level
Some regions, for example, Moscow, Omsk region, establish a period of silence during the daytime. It is intended for children's daytime sleep. At this time, you should also not make noise or do loud repair work in multi-story buildings. In Moscow, the period of daytime silence lasts from 13.00 to 15.00 hours, and in the Omsk region - from 13.00 to 14.00 hours.
Alternative Measurement Methods
If preliminary measurements and personal feelings show that the permissible noise level in a residential area is exceeded, you must resort to one of the methods described below to solve the problem.
Contact Rospotrebnadzor
To contact Rospotrebnadzor, just visit the organization’s office or call and agree on a time for the examination. For the success of the undertaking, it is necessary to schedule the examination at a time when the neighbors will be noisy beyond the norm, otherwise the device will not record violations.
Due to the difficulties associated with conducting an examination by Rospotrebnadzor, calling a local police officer or a regular conversation with neighbors may be more effective methods.
Contacting private organizations
Did you know
For exceeding the permissible noise level, which interferes with the health and well-being of citizens (for example, working as a hammer drill after 11:00 p.m.), the law provides for fines of 500 rubles (the exact amounts depend on the region) Read more here
Now there are several organizations that have authorized experts on their staff who can conduct an examination using a device to measure noise in decibels. Before ordering the services of such organizations, you must make sure that they have a special license and a good reputation, so that the expert opinion based on the results of the examination will become strong evidence in court proceedings.
The advantage of this method is that an expert from a private organization is ready to arrive at any convenient time and wait until the neighbors begin to make noise above the permissible level. The cost of the examination starts from ten thousand rubles and increases if it is necessary to travel at night, draw up a conclusion of several pages based on the results of the examination, significant time expenditures for the expert and the influence of other factors that complicate the work.
How noise level is measured - how a sound level meter works:
When is noise allowed?
Regional regulations on silence establish exceptions to the general rule. Among them:
- measures to apprehend the criminal;
- emergency (fire, flood, hurricane, explosion);
- actions aimed at preventing an emergency situation or eliminating its consequences;
- holding public events (New Year's celebrations).
In addition, it will not be possible to hold neighbors accountable if the noise is explained by the residents’ activities (snoring, steps, children’s crying).
Where should I go if my neighbors’ children are constantly crying, making noise, or running around?
What should you do if your neighbors are making repairs that are very noisy and drill every day?
Principle and design of a sound level meter
This device measures noise in dB. Its design contains principles that create an exact relationship between its performance and sound pressure. These factors are perceived by the hearing aid. There is a proportionality between the noise level and the electrical signal.
Device composition:
- Microphone
- Amplifier.
- Correction filters.
- Voltmeter.
- Display.
- Power unit.
The device has a scale with divisions in dB and an optional addition in the form of a tripod.
There are many models of sound level meters. They have different appearance, dimensions, cost and manufacturer. But there is also a single classification.
How to prove that neighbors are noisy?
First, you need to determine why you need to prove that your neighbors are noisy. Most methods for determining sound volume will not have evidentiary value in a trial. Therefore, they can be used exclusively for yourself.
Options that have evidentiary value require significant financial costs.
Note! These costs will be compensated only if you go to court. Moreover, in order for the court to decide to recover the costs of the sound level examination from the defendant, it is necessary to win the case.
As practice shows, it is very difficult for a plaintiff to win such disputes in court. Especially if the claim is filed by one applicant, and not by neighbors collectively. Therefore, there is a high probability that the costs of the examination will be paid from the plaintiff’s budget.
If the plaintiff is ready to sacrifice an amount of 20,000 - 30,000 rubles, then measurements must be taken. To go to court, it is necessary not only to measure the noise level, but also to issue an expert report that proves that the maximum level has been exceeded.
Techniques
Measuring noise levels usually occurs using a subjective or objective method. The first is based on the use of phonometers. They measure noise by matching it to a pure tone of a specific frequency. It is generated by a special apparatus. The measuring operations are quite complex and produce results of limited use.
The second method involves the use of sound level meters. They convert sound waves into electrical waves. After which the signal goes to the meter. Various filters can be connected to the output section of the amplifier to correct the signal. They allow you to obtain more accurate data on the intensity of noise at specific frequencies.
Today, the second method of measuring noise levels is increasingly replacing the first. And this is logical. After all, working with phonometers is quite difficult, and the results obtained are difficult to apply.
How to measure?
To measure the noise level you can use:
- programs and mobile applications;
- household sound level meter.
You can also order a professional study from a specialized private company that has a license for this type of activity, or from Rospotrebnadzor.
Programs and applications
In 2021, you can find a program and application for measuring noise on any device: computer, laptop, smartphone.
Popular options:
- MacOS: Sound Level Meter, dB Meter, Decibel Meter Pro, Decibel 10th;
- Android: decibel, Noise Meter, Decibel Meter, Sound Meter;
- Windows: Decibel Meter Pro, Cyberx Decibel Meter, Decibel Meter Free.
If the program is installed on a computer or laptop, you must connect a microphone to the device. It is with the help of it that sounds will be read. The program will analyze the sound level and display the result. However, the conclusion of the program or application will not be considered as evidence in government agencies.
Sound level meter
There are special devices to change the noise level. A sound level meter measures sound in decibels.
The device consists of:
- indicator;
- detector;
- filtration elements;
- amplifier;
- microphone.
The device operates using a battery. The sound is measured using a microphone, and the result is displayed on the device screen.
Note! The readings from a household sound meter are not evidence in court or before an administrative commission.
Rospotrebnadzor
There is an opinion that specialists from Rospotrebnadzor can be called to measure any noise. However, this issue is not within their competence.
Note! If your neighbors are noisy, there is no need to call Rospotrebnadzor employees. Department specialists are not involved in monitoring compliance with the level of silence.
Rospotrebnadzor employees will help if the noise comes from:
- from a sports and fitness facility built into the house;
- nightclub located in the house;
- when operating construction equipment (if the construction site is located near the house);
- from air conditioners of retail outlets located in the house.
That is, to apply to Rospotrebnadzor, it is necessary that the noise was caused by equipment, and not by people’s behavior (speech, swearing, singing, playing musical instruments), mass events or car alarms.
To measure noise in an apartment, you must contact directly the Rospotrebnadzor office at your place of residence. This cannot be done electronically.
Private specialist
A private specialist is an expert who has a license and equipment to change the noise level. This can only be a person with a higher environmental or technical education and completion of courses on this expert topic.
The noise measurement service is provided under an agreement concluded with an expert. The cost of services varies depending on how the result is presented to the customer:
- research protocol – from 10,000 rubles;
- expert opinion (pre-trial examination) – from 20,000 rubles;
- expert opinion (forensic examination) – from RUB 30,000.
The cost also increases if measurements need to be taken at night.
An appraisal report is an official document that can be presented in court as evidence.
How to measure the noise level in an apartment
You can measure the noise level from your neighbors yourself using a sound level meter. The price of a device for measuring noise in an apartment starts from 3,500 rubles.
With its help, you can take noise measurements at different points in the apartment and display the average value. Computer programs are also used - they can measure online the noise level in the apartment.
However, if you measure the noise level in an apartment yourself, the data obtained will not be official and will not be used as evidence.
Therefore, it is better to contact Rospotrebnadzor: in this case, noise measurements in the apartment will be carried out with professional accuracy and can be used to contact the necessary authorities.
Among those who measure the noise level in an apartment: forensic experts, design and survey organizations that do this by court order.
If Rospotrebnadzor measures the noise level in an apartment, the price list is as follows:
- on-site visit during the day 5,000 rubles;
- at night 10,000 rubles;
- measured at one point no higher than 500 rubles (but several measurements are taken).
You also need to take into account that the total cost of the entire inspection will be much higher (up to 30,000 rubles in Moscow), since in addition to the measurement you will need to pay for an additional fee:
- draw up an act or protocol;
- draw up a conclusion for the court.
But if the process is won, all costs incurred, including legal costs, will be compensated by the defendant.
When will construction and technical expertise be needed?
In a noise situation, neighbors are not always to blame. Sometimes the reason is poor sound insulation. The problem is popular for modern new buildings. When carrying out repairs, first of all it is necessary to pay attention to sound insulation.
If excessive audibility has arisen in an old house, and only recently, you need to find out whether the neighbors have undergone renovations. In pursuit of high ceilings and fashionable finishes, apartment owners remove floors and lay laminate directly on the ceiling. As a result, due to the lack of soundproofing coating, audibility between apartments increases significantly.
To prove problems with sound insulation you must:
- Talk to your neighbors. Perhaps they are not aware of the situation. In this case, you can try to negotiate peacefully.
- If neighbors refuse to resolve the conflict voluntarily, then it is necessary to order a construction and technical examination.
The specialist will conduct an inspection and make a conclusion about compliance with the standards of the soundproofing coating. The result of the work will be an expert opinion. It can be used as evidence in court.
If the court satisfies the plaintiff’s demands, then it will be possible to additionally deduct from the defendant the costs of examinations, legal support and state fees to the court.
Responsibility measures
For violation of the law on silence, you can be subject to the following types of liability:
- Administrative. In accordance with Art. 6.4 of the Code of Administrative Offenses of the Russian Federation, a fine of 500 to 1,000 rubles is imposed on the guilty person. The decision is made by an administrative commission under the local administration. To bring a neighbor to justice, you must submit an application to the local police officer to draw up a protocol on an administrative violation.
- Civil law. If noise from a neighbor’s apartment leads to health problems, then you can recover compensation for moral damages from the culprits. The applicant will have to prove a cause-and-effect relationship between the health disorder and the noise from the neighboring apartment. In practice, such requirements are rarely met.
In 2021, there are no serious measures to address noisy neighbors. The only option is eviction at the request of the district administration. But this requires a whole range of violations (non-payment of bills, noise, dirt). In this case, the court can evict the owner, sell the apartment, and transfer the proceeds from the sale to the former owner.
How to prove?
Most regions set their own rules for nighttime, daytime, and noise levels. Therefore, before initiating a conflict, it is necessary to familiarize yourself with the documentation of your region.
In accordance with the law, a citizen can be punished for exceeding noise standards if the fact is proven. Therefore, the district police officer can draw up a protocol on an administrative offense only in a situation where he was personally present at the fact of the violation.
When contacting the police or court to punish the culprit, it is necessary to prove the fact of the violation.
Possible options:
- call the police at the moment of noise;
- submit a collective complaint to the district police officer;
- submit a noise measurement protocol with your application.
Example. Citizen T. Installed an air conditioner on the wall of an apartment building. The unit made loud noises, especially noticeable at night. The neighbors contacted a specialized organization to measure the noise level. The court ordered citizen T. to dismantle the system. However, compensation for moral damages was denied because the neighbors could not prove moral suffering.
Lawyer's answers to private questions
I can't sleep at night. In the apartment above there lives an old woman who watches TV loudly at night. I wanted to call Rospotrebnadzor to measure the noise, but they refused. What to do and where to complain?
This issue is not within the competence of Rospotrebnadzor. In such a situation, contact the local police officer. He will have an explanatory conversation with the neighbor. And if she refuses to comply with the rules, she will draw up an administrative protocol.
The apartment across the wall is rented daily. Either there was silence for weeks, then there were drinking sessions, partying, and company. There is no peace day or night. How to punish neighbors?
File a complaint with the Federal Tax Service that the apartment is rented daily. If a neighbor does not pay taxes, he will receive a large fine. Complaints can be repeated regularly until the owner finds permanent residents.
A neighbor installed an air conditioner near my balcony. I can’t open the window to ventilate in the summer. Terrible noise. How to measure noise and prove its fault?
In this situation, you need to call Rospotrebnadzor. They will take measurements and issue an administrative protocol to the neighbor.
Housing problem
It is also necessary to measure the noise and vibration levels in the apartment and house. Models of the third category of accuracy are used for the procedure. They are affordable and easy to use.
First you need to study the operating modes of the device. As a rule, there are three of them:
- F – for analysis of constant noise.
- S – for short periodic noises.
- I – for impulse noise.
Power options for the device: network, battery, batteries.
Usually the kit is complete without a case and a tripod. Some devices have a memory card. It contains a register of previous device indicators.
