Repair on weekends. Quiet hours: where to complain about noisy neighbors, shops and builders
The norms of housing legislation allow owners of residential premises to carry out the necessary repairs of apartments, and, if necessary, certain types of construction work. However, the noise level established by law must be ensured, as well as the start and end times of work that disturbs the silence.
In this article I will talk about the current regulations that regulate the maintenance of silence, when and what work can be carried out in your apartment depending on the region of residence, as well as the responsibility to which troublemakers are held.
○ Legislative regulation.
A single legislative act that would regulate issues of maintaining silence has not been adopted in the Russian Federation. This situation forces each region to establish its own rules and times when it is possible to carry out work that produces increased noise.
However, each region bases its decisions on the following regulations:
- Part 3 of Art. 17 of the Constitution of the Russian Federation, which provides that when one person exercises the rights and freedoms, the rights and freedoms of another person must not be violated.
- Requirements of Law No. 52-FZ “On the sanitary and epidemiological welfare of the population.” In this case, reference must be made to Article 10, which provides:
“Citizens are obliged:
not to carry out actions that entail a violation of the rights of other citizens to health protection and a favorable living environment.” - The rules for the use of residential premises, which were approved by Decree of the Government of the Federation of January 21, 2006 No. 25, paragraph 6 of which states that the use of residential premises is carried out taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises.
✔ In Moscow and Moscow Region.
In the capital, there are several legislative acts that regulate issues of silence. These include:
- Law “On maintaining the peace of citizens and silence at night in the city of Moscow.” The latest amendments to it in January 2016 significantly strengthened the regulation of the start and end times of repair work.
- Moscow City Code on Administrative Offences.
The Moscow region also has its own regulations. At the beginning of March 2014, the Law “On Ensuring Silence in the Moscow Region” was adopted. They significantly increased fines for non-compliance with silence, and also added a ban on carrying out repair work during lunchtime, from 13 to 15 hours.
✔ In the regions.
Subjects of the Federation, when adopting the relevant legal acts, at their level justify the issue of protecting the interests of neighbors from noisy builders with the requirements:
- Housing Code. In part 4 art. 17 of the Housing Code stipulates that when using housing, the rights and legitimate interests of all residents and neighbors must be respected. And paragraph 4 of Article 30 of the Housing Code directly states:
“The owner of a residential premises is obliged to maintain this premises in proper condition, preventing mismanagement of it, to comply with the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners of premises in an apartment building.” - SanPin 3.1.2.2645-10. These sanitary rules and regulations prohibit noisy work that entails an increased level of vibration and air pollution, as well as disturbing the normal living conditions for residents of neighboring apartments.
- Article 293 of the Civil Code of the Russian Federation, which gives local governments the right to issue a warning to a violator of the rights of neighbors.
○ Features of regulation of repair activities.
Since there is no uniform law on silence at the federal level, in each specific case you should be guided by regulations issued by the authorities in your place of residence. The more detailed the time during which repair work is possible is indicated, the fewer problems will arise with neighbors regarding compliance with the noise level that will be generated during the repair work.
It is important to remember that repair work must be completed within the stipulated time frame. In some regions it is 3 months, in others it is 4 or even five. During the repair period, the noise emitted should not exceed 40 dBA. A tool that is too loud or vibrating should not be used.
✔ During weekdays.
The start of repair work depends on the start time of the working day in each specific region. Usually it is 8 or 9 hours. Therefore, repair work on weekdays is allowed to begin no earlier than 9 a.m.
The completion of repair work is also directly related to the end of working hours. Plus the time it takes to get home. Therefore, repair work must be completed before 19:00. Some regions allow repairs to take an hour longer. However, this depends on the specifics of the region.
At the same time, the law does not allow exceeding the established duration of repair work during the day. That is, you can continuously make noise for no more than 6 hours in a row. Then you should take a break for two hours. This will allow neighbors who are at home to take a break from the noise.
✔ On weekends and holidays.
On weekends and holidays, which are established at the national level, it is prohibited to carry out repair and construction work. This applies to all regions of the country without exception. It is generally accepted that weekends are Saturday and Sunday. However, Part 2 of Article 111 of the Labor Code defines weekends as follows:
“The general day off is Sunday. The second day off in a five-day work week is established by a collective agreement or internal labor regulations. Both days off are usually provided in a row.”
Thus, it is difficult to classify Saturday as a day off, since the legislator specifically says only that Sunday is a day off. Based on logic, Monday can also be the second day off. Therefore, no one can give advice on what you personally should do with Saturday, classify it as a working day and carry out repairs in your apartment. Find out how this issue is regulated in your region and coordinate repairs on Saturday with your neighbors. Otherwise, either take a vacation or hire workers to renovate your apartment in your absence.
○ Repair and law.
An analysis of regulatory documents regulating the silence regime shows the following:
- Repairs on weekends and holidays are prohibited.
- Depending on the region, the start of repair work that produces increased noise is set at 9 a.m., and completion is no later than 8 p.m.
- The duration of any type of repair work during the day should not exceed 6 hours, and in some regions – 7 hours.
- If repair work is forced to continue longer, you should take a break for one or two hours.
- The total duration of repairs cannot exceed three months, in some regions five.
- It is expressly prohibited to litter public places with construction waste and building materials.
- When transporting building materials in elevators, they must be properly packaged.
✔ Apartment renovation.
The procedure for carrying out repair work in an apartment is regulated by the following standards:
- Federal Law No. 52, which establishes the permissible hours when repair work with increased noise levels can begin and should be completed.
- Government Decree No. 354 of May 6, 2011, which determines the maximum volume levels during redevelopment and restoration of premises.
- Sanitary standards 2.2.4/2.1.8.562-96, classifying noise, normalizing parameters and maximum permissible noise levels.
- The Civil Code gives local authorities the right to respond to violations of the law on silence.
- The Code of Administrative Offenses, which determines the extent of liability for violations during repair work.
✔ Renovation of public places or construction of houses within the city.
Repair of public places in an apartment building is regulated by the Rules and Standards for the technical operation of the housing stock, approved by Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170. Repair work is carried out by contractors, in accordance with plans for current and major repairs. They are also responsible for violating the law on silence.
The construction of houses within the city is carried out strictly in accordance with urban planning documentation and compliance with Building Codes and Regulations (SNiP).
✔ Repair outside the city.
Regulatory documents regulating the observance of silence do not distinguish between urban and rural populations. That is, when carrying out repair work outside the city, the same requirements that are established for residents of the locality must be met.
Therefore, it can be unequivocally stated that the restrictions on the start time, duration of repair work during the day, and completion of work are similar to those established in the city.
Repair work on weekends - legal regulation
The actions of silence violators who are in their apartment (a place that is not considered public) do not relieve them of responsibility for violating the established noise level.
Law No. 52 Federal Law ensures the peace of Russian citizens at night and on weekends. In terms of protecting the health of citizens, this law establishes the noise level, which should not exceed 40 dB from 7:00 to 23:00 and 30 dB at night (from 23:00 to 7:00).
However, existing prohibitions on disturbing the silence do not limit the rights of homeowners to reconstruct and redevelop their premises.
In accordance with Articles 25-26 of the Housing Code, residents have the right to carry out the necessary repairs and construction work in their apartments, subject to the noise level and time of work established by law.
Regulating the issue of silence in the regions of Russia
There is no uniform legislation regulating issues of silence in Russia. Each region independently sets rules and times for carrying out noisy work.
As for Moscow, there are several regional legislative acts regulating issues of silence:
- Law of July 12, 2002 No. 42 “On maintaining the peace of citizens and silence at night in the city of Moscow”;
- Law of November 21, 2007 No. 45 “Moscow City Code on Administrative Offenses.”
From the analysis of these regulations, we can conclude that the following restrictions have been established for Moscow residents during the period of repairs:
Don't know your rights?
- It is prohibited to carry out work on weekends and holidays;
- Noisy work must begin at 9:00 and end no later than 19:00;
- Do not use tools that exceed the permitted noise and vibration levels;
- repairs cannot last more than 4 months; if it is necessary to exceed this period, it is necessary to obtain permission from the Moscow Housing Inspectorate.
After the Moscow Region Law of March 7, 2014 No. 16/2014-OZ “On Ensuring Silence in the Moscow Region” came into force, fines for non-compliance with silence increased significantly. In addition to the ban on carrying out work at night and on weekends, there was added a ban on carrying out work at lunchtime - from 13 to 15 hours.
How can neighbors of noisy construction workers protect their rights?
What should you do if there is construction going on near you at a time not permitted by law?
Legislatively, the interests of neighbors of noisy builders are protected by the Housing Code and the Decree of the Chief Sanitary Inspector of the Russian Federation dated June 10, 2010 No. 64 “On approval of SanPin 3.1.2.2645-10.” These regulations prohibit carrying out noisy work with increased levels of vibration and air pollution, as well as disturbing the normal living conditions of residents in neighboring apartments.
- The first thing to do is to record the offense. Recording of offenses in this area should be carried out with the help of the following bodies:
- The sanitary and epidemiological station takes measurements and also records excess noise levels;
- Rospotrebnadzor processes such applications and, if necessary, is present in places where construction rules are violated;
- The district police officer records administrative violations.
Article 293 of the Civil Code of the Russian Federation provides for the possibility of issuing a warning to a violator of the rights of neighbors by a local government body. If he does not eliminate the prescribed violations, the local administration has the right to go to court and demand the eviction of the offender and the sale of his home at public auction with the subsequent payment to him of the proceeds from the sale minus the damages caused and legal costs.
However, cases of eviction are extremely rare. An administrative fine is most often applied. However, a warning issued by a local government body can become a powerful argument for a violator who does not want to end up in court to respect the rights of neighbors and limit work on weekends and holidays.
Repair rules are the same for all regions
Despite the fact that the laws on silence in each region of the Russian Federation are different and often radically different from each other, they have similar points.
Having analyzed regional legislation, we have drawn up repair rules that are the same for all regions of Russia. Compliance with them will help avoid problems with neighbors:
- Construction on weekends. In all regions of Russia it is prohibited to carry out construction work on weekends, as well as on holidays established at the national level.
- Repair time. Each region has its own time frames, but if we summarize them, it turns out that repairs can begin no earlier than 9:00, and finish no later than 19:00.
- Duration of repair should not exceed 6 hours a day with an hour break.
- Duration of repair in an apartment building should not exceed 3 months.
- Noise level. During the daytime, the legally permitted noise level should not be higher than 40 dB. The use of construction and other tools exceeding this figure is prohibited.
These rules are established by Law No. 52-FZ “On the Sanitary and Epidemiological Welfare of the Population,” popularly known as the “Law on Silence.”
The regional rules for carrying out repairs also include some prohibitions provided for in the process of repair work for all regions of Russia. Forbidden:
- carry out redevelopment without the appropriate permits, as well as cause damage to supporting structures;
- place construction waste in common areas and block emergency exits;
- carry construction waste to common areas without special packaging.
If you need more time to carry out repairs or it is not possible to comply with the time frame established by law, coordinate this issue with your neighbors and obtain their written consent. This step will allow you to avoid conflicts and allow you to complete the repair calmly.
Yes, you and I are concluding an agreement for Lion Group LLC, which stipulates: the start date of work, the time limit for completion of work, and warranty obligations. which amount to 2 years for general construction work and 10 years for engineering communications - electrical installation and plumbing work.
Do you charge a fee for taking measurements?
The visit of a process engineer is free and does not oblige you to anything. When you meet with our representative, you will receive detailed advice on all your questions regarding your repair. Find out what you can save on and what you absolutely cannot save on. Where and what materials are best to buy, etc. After the meeting, you are left with the most accurate, understandable estimate with calculated volumes and prices. That is, you will understand how much you pay and for what, the nature, quality of work and materials.
Do you perform certain types of work? Electrical, plumbing, tiling, etc.?
No, we only carry out complex turnkey repairs
Do you provide a guarantee for the work performed, and what kind?
The guarantee for the work performed is 2 years for general construction work and 10 years for engineering communications - electrical installation and plumbing work.
How does payment work?
Payment occurs in stages, according to the work performed, according to the annex to the contract (schedule of work and payments). Most often, payment for work is made once a month. With each payment, an interim delivery and acceptance certificate is drawn up and a certain stage of work is closed.
For many, the problem of “endless” repairs to neighbors is relevant. The lesser of evils is when a neighbor carries out noisy work during the daytime, but when this happens very early in the morning or even at night, the patience of the owners of adjacent apartments ends and conflicts arise.
At the end of last year, namely on December 9, 2015, deputies of the Moscow City Duma adopted a law regulating the period of time when it is allowed to carry out construction and repair activities in apartments of residential buildings.
This law has been repeatedly amended regarding a special regime for carrying out “noisy work” in a new building, weekends and holidays. The final version of the law “On maintaining the peace of citizens and silence at night in the city of Moscow” came into force on 02/01/16.
The document regulates clear periods of time during which repair work is allowed; accordingly, if the established restrictions are not observed, the owner will be required to pay a fine for an administrative violation.
In the first version of the law, it was supposed to increase the time for carrying out “noisy” work until 20:00, however, after putting this issue to a vote of citizens through the feedback form on the “Active Citizen”, more than half (55%) of those who took part in the survey voted against extensions. Taking this into account, the time for repair work in the evening remains the same (until 19:00).
At what time is it prohibited to carry out repair work in Moscow?
Based on the law that has entered into force, it is prohibited to carry out repair work in Moscow on Sundays and holidays.
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According to the approved time frame, any construction and repair work in residential buildings is prohibited from being carried out in the intervals of 19:00 - 9:00 and 13:00 - 15:00
This ban does not apply to new buildings for a period of one and a half years, starting from the date of commissioning of the residential building.
Established fines for non-compliance with restrictions
Regardless of whether violations were recorded during the day or at night, administrative liability for non-compliance with the law involves the payment of a fine:
It is also worth noting that a construction company that carries out work at night and exceeds the permissible noise level can be fined up to 300 thousand rubles.
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What to do if neighbors violate the repair work schedule?
The first thing that can be recommended is to try to resolve the issue with your neighbors, based on the framework established by law. If the neighbors do not want to compromise, you can contact the Rospotrebnadzor service, which will analyze the noise level and provide a conclusion, and this document can already be used to go to court.
In addition, you can contact the local police officer, after drawing up a protocol, the case is sent to court and although the amount of the fine scares few people, bringing to administrative responsibility and summons to court most often is an incentive for violators to stop their actions that violate the law.
The authorized body that monitors compliance with legal regulations and deals with administrative violations is the Office of the Federal Service for the Protection of Consumer Rights and Human Welfare in Moscow and the Department of Natural Resources and Environmental Protection in Moscow.
REPAIR WORK - LAW ON SILENCE
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2.7. The regime for reconstruction and (or) redevelopment of residential and non-residential premises in residential buildings is established taking into account the following requirements. In residential buildings during the period of repair and construction work it is not allowed:
– carry out work on Sundays and public holidays;
– start work involving noise earlier than 9:00 am and (or) finish it later than 7:00 pm;
– use equipment and tools during work that cause excess of the normatively permissible level of noise and vibration;
– carry out work without special measures to prevent damage to adjacent premises;
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– clutter and pollute evacuation routes and other public places with construction materials and (or) waste;
– use passenger elevators to transport construction materials and waste without packaging.
Here one smart guy, who was afraid to even call, wrote that it was all cancelled, so especially for those who are carrying out repairs and don’t care about other people, I’m posting:
There are several regulations that can guide you:
- SaNPiN 2.1.2. (Sanitary and epidemiological rules and standards), as well as the Federal Law “On the sanitary and epidemiological welfare of the population” N52-FZ of March 30, 1999, limit the time for noisy repair and construction work from 9.00 to 20.00 hours.
- Law No. 37 of 06/03/2003 “On the procedure for the reconstruction of premises in residential buildings in the city of Moscow” is a little stricter, and limits this time from 9.00 to 19.00 hours. But here we are talking only about the redevelopment or re-equipment of premises, entailing a change in their operational properties.
- Appendix No. 2 to Resolution No. 831-PP of the Moscow Government dated September 23, 2007 also regulates the time of repair work associated with redevelopment and increased noise levels. This is the period from 9 to 19 hours on weekdays and Saturdays. On Sundays and holidays such activities are prohibited.
- The Law “On maintaining the peace of citizens and silence at night in the city of Moscow” dated July 12, 2002 No. 42 (as amended on November 21, 2007), unlike the previous document, should be considered in the context of repair and construction work not related to reconstruction. This regulatory act introduced the concept of night time (from 23:00 to 07:00) and administrative responsibility for violating the silence in apartments of residential buildings during this period.
- In Law MO No. 1/2008-OZ dated January 11, 2008, we will see slightly different night time intervals, but for the Moscow region - from 10 pm to 6 am on weekdays and from 11 pm to 9 am on weekends (holidays).
Having summarized all the data, it is easy to determine the allowable time for repair work in the apartment. Noisy activities related to the redevelopment of premises are permitted from 9.00 to 19.00 and only from Monday to Saturday. In all other cases, this time interval increases slightly: from 7:00 to 23:00 (in the Moscow region - from 6:00 to 22:00 on weekdays, and from 9:00 to 23:00 on weekends and holidays).
Free legal advice:
The maximum noise level during the daytime should not exceed 55 dB (and then only for a short time), and at night the limit is set to 45 dB. The values for constant noise are even lower - 40 and 30 decibels, respectively.
Rules for carrying out repair and construction work in the premises of an apartment building
REGULATIONS FOR WORK ON RENEWAL AND/OR RENOVATION OF PREMISES
Before starting repair and finishing work, the Owner is obliged to familiarize the responsible employee of the organization performing work on the premises with these Regulations.
Main regulatory documents:
Moscow Government Decree PP – 508 of October 25, 2011 “On the organization of reconstruction and (or) redevelopment of residential and non-residential premises in residential buildings”;
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SP 54.13330.2011 “Residential multi-apartment buildings”;
Moscow Government Decree PP – 840 of December 26, 2012 “On amendments to legal acts of the city of Moscow.” Changes concern 508 – PP
During renovation and finishing work in a residential building, the following rules should be observed:
Schedule for work involving noise and vibration:
from 09.00 to 19.00 (such work on Sundays and holidays is prohibited), lunch break from 13.00 to 14.00
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The maximum permissible sound level is 45 dBA at night and 55 dBA during the day, the permissible vibration level is 67 dBA (SanPin 2.1.2.)
This does not mean that work needs to be stopped. It is enough just to review their schedule and exclude only noisy ones: work with a hammer drill, drill, jackhammer, ordinary hammer, etc. We should not forget that upon completion of the repair, you may find yourself in a similar unpleasant situation, when the desire to relax does not coincide with the actual opportunity due to the methodical knocking of a hammer behind the adjacent wall until 3 am or 6 am.
The Moscow City Duma adopted amendments to city legislation introducing fines for noise during renovation work in apartment buildings. It is prohibited to carry out such work from 19:00 to 9:00, during the lunch break from 13:00 to 15:00, as well as on Sundays and holidays. Violators face fines of up to 80 thousand rubles, an exception is made for new buildings - for a period of one and a half years.
Amendments to the capital’s Code of Administrative Offenses and the city law “On maintaining the peace of citizens and silence at night” were introduced to the Moscow City Duma by the head of the parliamentary commission on legislation, Alexander Semennikov. Earlier, the deputy explained that in Moscow there are standards for industrial noise at construction sites, but “there is a problem of household noise in houses and apartments” - in 2014, the Moscow Housing Inspectorate received 16 thousand complaints about noise during construction and repair work in apartment buildings. In this regard, for the first time in the capital's legislative practice, the idea arose to establish noise restrictions not only at night, but also during the day. Thus, from 19:00 to 9:00, as well as from 13:00 to 15:00, it was proposed to prohibit any actions that “disturb the peace and quiet of citizens during the reconstruction and (or) redevelopment of residential premises in an apartment building, other repairs works." Exceptions are made for new buildings, where noise during repairs will be allowed without restrictions for a year and a half after the house is put into operation. Citizens for violations face fines of up to 2 thousand rubles, officials (for example, construction foremen) - up to 8 thousand rubles, and legal entities - up to 80 thousand rubles. Let us note that exactly the same sanctions are now applied for violating the silence in Moscow at night.
In May 2015, the bill was adopted in the first reading, and on December 9 the amendments were finally approved by the Moscow City Duma. In the interval between readings in parliament, the capital’s mayor’s office found out the attitude of citizens to the new ban using the “Active Citizen” system (275 thousand people took part in the surveys). Thus, 55% of respondents were in favor of introducing noise restrictions from 19:00 (as an alternative, deputies proposed extending the time for repair work until 20:00). 60% of the votes were cast in favor of a ban on repairs on Sundays and holidays - this restriction was also approved at the plenary meeting of the Moscow City Duma. The law comes into force on February 1, 2016.
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Quiet hours: where to complain about noisy neighbors, shops and builders
When not to make noise
The times when you can or cannot make noise are specified in the law “On maintaining peace and quiet of citizens at night in the city of Moscow” and the Moscow City Code on Administrative Offences. From 07:00 in the morning to 23:00, the noise level in apartments should be limited to 55 decibels, and at night - not exceed 45 decibels.
You should put off playing musical instruments and singing until the morning, turn down the TV volume and stop repairing. It is prohibited to make noise not only in apartments, but also in entrances, courtyards, near kindergartens, boarding schools, hospitals, on the territory of sanatoriums, hotels and hostels. The quiet law is also violated by car alarms or loud music in the car, driving with a sports muffler, fireworks and noisy construction work.
At the same time, exceeding the permissible noise level is allowed to prevent crime or traffic accidents during religious or cultural events permitted by the city.
Maximum permissible noise level
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A person feels most comfortable with a noise of 30 decibels - this is a whisper or rustling of leaves. Normal human conversation is equal to 60 decibels, and the sound of an alarm clock reaches 90 decibels. With a sound of 140 decibels - such as happens when a gunshot or an airplane takes off - a person already experiences pain. And sounds above 160 decibels can cause eardrum rupture and even death.
Different places in the capital have their own permissible noise level. For example, near residential buildings during the day it should not exceed 70 decibels, and at night - 60. In the wards of hospitals and sanatoriums, a level of 50 decibels is allowed during the day, and only 40 at night.
In educational institutions, the maximum permissible noise level at any time of the day is 55 decibels.
Specialists of the State Budgetary Institution “Mosekomonitoring” should regularly monitor the noise level in the capital. The results of inspections are published on the official website.
Who is making noise and where to complain?
The main sources of noise in cities are considered to be airplanes, trains, cars and construction sites.
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The sound of a plane taking off can reach 140 decibels. Therefore, noise barriers are installed along airports, and aircraft takeoff and landing routes do not pass over houses. However, with the introduction of helipads in the skies over the capital, helicopters can be seen (and heard) every now and then. If air transport interferes, then you can complain about it to the capital’s Rospotrebnadzor department by phone or through the electronic reception.
During the construction of railways, subway lines and highways today, noise barriers and noise reduction systems are installed, “quiet” rails and silent trains are being developed. If even modern windows cannot protect your apartment from road noise, then you should contact the electronic reception desk of the capital’s Department of Natural Resources and Environmental Protection. Specialists are required to review the appeal and respond to it within 30 days. You can also complain to the unified information service of the Moscow City Hall by phone:.
Construction is no reason to make noise
Construction workers can only carry out noisy work from 07:00 to 23:00. If this requirement is violated, you can safely complain to the Department of Natural Resources.
You need to complain about noisy garbage collection at night to the Association of Administrative and Technical Inspections (OATI). This can be done by contacting the electronic reception or sending a letter by mail.
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Since 2015, new rules for carrying out repair work in residential buildings have been in force in the capital. Knocking, sawing and buzzing on Sundays and public holidays is now prohibited. On weekdays and Saturdays, repairs can be carried out from 09:00 to 19:00 with a quiet hour break from 13:00 to 15:00.
The only exception is for new buildings: for a year and a half after the completion of the house, residents can make repairs during daylight hours without interruption.
In addition, from 23:00 to 07:00 you cannot listen to loud music, sing or play musical instruments in the apartments. You will have to give up moving furniture, dancing and active games with animals or children, so as not to disturb the neighbors below.
If your neighbors’ renovations or noisy gatherings constantly drag on until late, then you should call the local police officer or call the police. Employees will conduct a preventive conversation with violators and, if necessary, draw up a protocol.
You can also contact the police if the source of noise is in the entrance, in the yard or at a nearby construction site.
Free legal advice:
When neighbors knock a lot and clearly break walls, you can contact the Moscow Housing Inspectorate and check the legality of such repairs. To do this, you need to personally bring the application to one of the territorial divisions of the inspectorate or send it by email. You can contact the online reception or meet in person with the heads of district offices , or complain through the “Our City” portal.
If you are planning to start renovations yourself, we advise you to meet with your closest neighbors and discuss the time and days on which noisy work is planned. It is also worth warning neighbors about upcoming noisy holidays. This method will avoid their dissatisfaction and find a compromise solution for everyone.
Instead of neighbors - noisy shops
Another source of noise is convenience stores and cafes. If in the projects of modern new buildings the non-residential premises on the first floors are laid out initially and comply with all standards, then in the houses of the old series the appearance of shops may be accompanied by a number of violations, and then their work will interfere with the residents.
To set up a shopping pavilion, office or cafe instead of an apartment on the ground floor, the property must be transferred to non-residential use. Without the consent of the owners, this can only be done if there is a separate entrance to the premises. If it is not there, then the issue is brought to a meeting of residents. It is at this stage that it is easiest to intervene and prevent the emergence of a new source of noise.
A positive decision is made if at least two-thirds of the apartment owners vote in favor. In this case, the results of the meeting must be documented. The owner will also need an approved project for the reconstruction and (or) redevelopment of the transferred premises, which he must strictly follow when performing repairs.
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If no meeting was held or the workers clearly deviated from the approved redevelopment plan, then you should contact the Moscow Housing Inspectorate or the prosecutor’s office.
If you hear noise from refrigeration equipment in the apartment or notice a persistent smell of cooking dishes, then you should write a complaint to Rospotrebnadzor. He will send specialists who will measure the noise level in the apartment and check the serviceability of the hood. Some companies prefer to compensate for the discomfort from noise by installing double-glazed windows in apartments and providing residents with special discounts. If a compromise cannot be found, then a protocol on violations is drawn up, which is then sent to the court.
You can also call independent organizations to measure noise, and then independently file an appeal to the court. The more residents join the complaint, the greater the chance that the judge will agree to recover substantial compensation for moral damage from the violator.
Rospotrebnadzor should be contacted in case of noise from all enterprises, including thermal power plants. This can be done by phone or through the electronic reception.
The law does not prohibit stores from unloading goods at night, but making noise is prohibited from 23:00 to 07:00. You need to unload the goods from the end of the house, where there are no windows. It is necessary to turn off car engines, eliminate the operation of noisy equipment, loud conversations between employees, and also apply other noise reduction measures. For example, use a rubberized floor covering instead of an iron one, or lubricate creaking doors.
Free legal advice:
You can complain about noise from loading and unloading operations to the Department of Natural Resources and Environmental Protection or to the Moscow Administrative Road Inspectorate (MADI). Applications are accepted both in writing and through the electronic reception. You can also call the unified information service of the Moscow City Hall by phone:.
Sometimes in the evenings, noisy groups gather near the shops, disturbing residents with loud conversations, music and even fights. It will not be possible to measure such noise with instruments, so it is worth calling the local police officer or the police on duty.
In addition, a dubious outlet can be asked to check for compliance with the law prohibiting the sale of alcohol at night.
What threatens violators?
For violating peace and quiet at night - from 23:00 to 07:00 - ordinary citizens face a warning or an administrative fine of one to two thousand rubles. For officials, the fine will be from four thousand to eight thousand rubles, and legal entities in this case will be fined in the amount of 40 thousand to 80 thousand rubles.
Moscow government decree on silence repair work
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At what time can you make repairs in an apartment in Moscow and the Moscow region - the law on silence
Any more or less thorough renovation of an apartment is associated with so-called noisy work - work with an increased noise level. If we talk about the most typical cases, then the main noise during renovation is associated with the breakdown of existing partitions and other structural elements in the apartment at the very beginning of the renovation; laying furrows in the thickness of the walls for laying electric and low-current cables and other communications (usually using a road cutter); the installation of a suspended ceiling, when a metal frame is attached to the surface of the rough ceiling (ceiling); laying and fastening plywood to the floor surface when creating parquet flooring and other types of floor coverings that involve drilling holes in the thickness of the screed. Very often the question arises: when can noisy work be done? When is it possible to renovate an apartment in such a way as not to violate current standards and maintain the best relations with neighbors? What is the renovation time for an apartment, is there a schedule for this? And here one more question is most often asked - when can you drill in an apartment? Let's try to find answers to these questions.
I would like to immediately make a reservation - it is easier to counteract noise at night in most regions of the federation than to do it during the day. The reason is the current legislation. Noise during the daytime is subject to sanitary legislation, which requires special measurements and the drawing up of conclusions based on them. Noise at night in most regions of Russia is classified as a violation of public order and is classified as an encroachment on the peace and quiet of citizens during the period of time established by local legislation. This allows us to move away from the requirement of its recording with subsequent correlation with the permissible levels provided for by sanitary rules, and to attribute this offense to the competence of the internal affairs bodies. In a number of regions, restrictions related to ensuring peace and quiet also apply to daytime (or certain hours of it).
60 dB is the maximum safe noise level for humans.
Free legal advice:
In principle, a distinction should be made between permanent noise (for example, the sound of ventilation or elevator equipment in operation) and short-term noise (the noise from equipment in operation during repairs). In the first case, we are talking about a violation of sanitary legislation as such, in the second - about non-compliance with special restrictions in the field of protecting the peace and quiet of citizens. Sanitary rules are determined in accordance with federal legislation. Requirements for maintaining peace and quiet are regulated by the legislation of the constituent entities of the federation. To establish the fact of violation of sanitary legislation, it is necessary to record harmful effects using a special laboratory and using certified equipment. Representatives of internal affairs bodies cannot make such measurements in any way. Their competence includes cases of violation of peace and quiet as provided for by special local laws. Therefore, we will first consider sanitary legislation and cases of its violation, and only then - special laws of Moscow and the Moscow region on silence.
1. Sanitary standards regarding noise
First of all, mention should be made of the Federal Law of March 30, 1999 No. 52-FZ “On the sanitary and epidemiological welfare of the population,” which establishes the obligation of citizens, individual entrepreneurs and legal entities to maintain residential premises in accordance with the requirements of sanitary standards (Article 23, paragraph 3, Art. 39 p. 3). Failure to comply with such requirements is grounds for bringing the violator to disciplinary, administrative or criminal liability. In terms of establishing the maximum permissible noise level, such sanitary standards include SanPiN 2.1.2. “Sanitary and epidemiological requirements for living conditions in residential buildings and premises” and sanitary standards SN 2.1.8. “Noise in workplaces, residential and public premises.” buildings and in residential areas" (please note - CH 2.1.8 contains references to a large number of documents that are no longer valid). The current version of SanPiN 2.1.2. “Sanitary and epidemiological requirements for living conditions in residential buildings and premises” was approved by the Decree of the Chief State Sanitary Doctor dated December 27, 2010 No. 175 (see also the previous version approved by the Decree of the Chief State Sanitary Doctor dated 10 June 2010 No. 64; on the adoption of the new edition - see box dated March 19, 2011). The specified sanitary rules, in particular:
- differentiate between day and night time,
- determine normalized parameters and their values and
- establish the circle of persons to whom these rules apply without fail: citizens, individual entrepreneurs and legal entities whose activities are related to the design, construction, reconstruction and operation of residential buildings and premises, as well as bodies authorized to carry out state sanitary and epidemiological supervision (p .1.4).
2. The concept of day and night time
In accordance with SanPiN 2.1.2, daytime falls on the period from 7.00 to 23.00, and night time, respectively, from 23.00 to 7.00. In this case, the normalized parameters of non-constant noise are equivalent (in energy) sound levels LАeq., dBA, and maximum sound levels L(Amax), dBA (see clause 6.2. CH 2.1.8.562-96). Exceeding at least one of these parameters should be considered a violation of sanitary rules.
Sanitary standards provide the following limit values:
- equivalent sound level, L(Aeq.), dBA: for living rooms of apartments during the daytime - 40 dBA; at night - 30 dBA;
- maximum sound level L(Amax), dBA: for living rooms of apartments during the daytime - 55 dBA; at night - 45 dBA.
[Update from 03/19/2011] On 03/27/2011 the new edition of SanPiN 2.1.2. comes into force - see PDF file. In particular, the document provides for a new presentation of the chapter devoted to noise regulation in residential premises and buildings. According to clause 6.2.1. during the daytime in residential premises it is allowed to “exceed standard levels by 5 dB.” In addition, an amendment of + 10 dB from the maximum permissible noise level is introduced for areas adjacent to highways and railways.
In relation to residential premises transferred for use on social rental terms, you should also indicate the “Rules for the use of residential premises”, which were approved by Decree of the Government of the Russian Federation No. 26 of January 21, 2006. Clause 10 of the Rules provides for the obligation of the tenant “to use the residential premises taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises,” which, in particular, implies compliance with the rules on limiting the maximum permissible noise level.
3. Administrative responsibility
The Code of the Russian Federation on Administrative Offenses provides for administrative liability for violation of norms aimed at ensuring the sanitary and epidemiological well-being of the population (in particular, see Articles 6.3 and 6.4 of the Code of Administrative Offenses of the Russian Federation; 6.4 forms a special composition for residential premises). Cases related to such violations are considered in accordance with Art. 23.13 of the Code of Administrative Offenses of the Russian Federation, bodies performing supervisory functions in the field of ensuring sanitary and epidemiological well-being (in particular, Rospotrebnadzor bodies). They are also authorized to draw up protocols on administrative violations. However, the legislator does not always consider exceeding the maximum noise level to be a direct violation of sanitary standards. This is especially noticeable in the example of regional legislation. Thus, noise at night in a number of constituent entities of the Russian Federation is usually classified as a violation of the “peace and quiet” of citizens during the specified period of time, which should be interpreted to a greater extent as an encroachment on public order and tranquility, and not on the regime established and protected by the state for ensuring sanitary conditions. well-being and living conditions of citizens. Such an interpretation of this norm also follows from the fact that protocols on such offenses are authorized to be drawn up by representatives of internal affairs bodies, and not sanitary supervision. As a consequence, there is no need to record excess noise levels by carrying out special measurements (see the decision of the Omsk Regional Court dated December 22, 2009 No. / 953/2009), which is, for example, mandatory in the case of drawing up a protocol on violation of sanitary rules (on the regulations for carrying out such measurements - see below).
Free legal advice:
Noise from repairs as such cannot be considered petty hooliganism within the meaning of Art. 20.1 of the Code of Administrative Offenses of the Russian Federation, unless it was accompanied by signs of the specified administrative offense. Petty hooliganism is an action that violates public order and the peace of citizens. Such actions specified in the article are obscene language in public places, offensive harassment of citizens, destruction or damage to other people's property. The list is exhaustive. Pay attention to an important qualifying feature in this case - we are talking about offenses committed in public places. In the future, the legislator plans to exclude this feature from the administrative offense. However, for now it is provided for by law and must be taken into account when qualifying acts.
- Part 4 art. 17 of the RF Housing Code provides that the use of residential premises is carried out taking into account the rights and legitimate interests of citizens and neighbors living in this residential premises, as well as in accordance with the rules for the use of residential premises approved by the federal executive body authorized by the Government of the Russian Federation.
- According to Part 4 of Art. 30 of the Housing Code of the Russian Federation, the owner of a residential premises is obliged to maintain it in proper condition, preventing mismanagement of it, respect the rights and legitimate interests of neighbors, and the rules for using residential premises.
- In accordance with clause 6 of the Rules for the Use of Residential Premises, approved by Decree of the Government of the Russian Federation of January 21, 2006 No. 25, the use of residential premises is carried out taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises.
- Part 3 art. 17 of the Constitution of the Russian Federation provides that the exercise of human and civil rights and freedoms should not violate the rights and freedoms of other persons.
Federal standards limiting noise levels in residential premises were further developed at the level of individual federal subjects in order to establish restrictions on work associated with increased noise at night.
4. Allowed time for apartment renovation in Moscow
Since January 1, 2016, new rules have been applied in Moscow that determine the time for “noisy repairs”. If previously repair work fell under the general requirement of the need to maintain peace and quiet only at night (i.e. from 23:00 to 7:00) regardless of the day of the week (see Law of July 12, 2002 No. 42 Art. 2, part 1, paragraph “e”), the following regulations are now applied (see Law of July 12, 2002 No. 42, Art. 2, part 1.1), which determine the time of silence in Moscow when carrying out repair and finishing work :
- on Sundays and holidays - throughout the day;
- on other days (working days including Saturday) - from 19:00 to 9:00 and from 13:00 to 15:00.
4.1. Law on renovations in new buildings - Moscow
This is the name given to the special clause in the current Law No. 42, according to which an exception is provided for new buildings. Within the meaning of the law, new buildings should be understood as houses within 1.5 years from the date of their commissioning (the procedure as a whole is determined by the Town Planning Code - see Article 55). For cases of repairs in such houses, the general rule applies: work can be carried out on any day of the week without observing the “quiet hour” condition in the period from 7:00 to 23:00, unless otherwise provided by the regulations. In other words: silence at night is subject to protection, as was previously accepted before the changes were made in 2015.
We are often asked the question: “at what percentage of occupancy of a new building should noisy work be carried out.” The concept of “new construction” and the corresponding regime for conducting noise work do not depend in any way on the number of people living in the new house. The only criterion is the commissioning of such a building, from the moment of which the house is considered a new building for the next 18 months.
Free legal advice:
I would like to draw your attention to the fact that the new rules of 2016 apply only to cases of redevelopment and repair work. Other violations of peace and quiet should be considered in accordance with the general requirements of the Moscow law. The definition of night time remains the same - night in Moscow begins at 23:00 and ends at 7:00. Quiet hours are also provided only for repair work. There is some ambiguity in this approach of the legislator - if it is in principle impossible to make noisy repairs between 13:00 and 15:00, then listening to music, for example, is possible, since in all other cases (except for repairs) the law protects peace and silence only at night. Or this: hammering nails during the specified period of time is extremely undesirable, but beating meat with a hammer at the same time will in no way encroach on the protected daytime peace.
The law does not define the concept of other repair work in any way. In this regard, there is still no clarity on the question of what is considered a repair within the meaning of the law.
Subject to clause 1.1 of Art. 2 of the Law only applies to residential and non-residential premises in apartment buildings. At the same time, non-residential premises should not be in the common ownership of the owners of premises in an apartment building. This actually means that repairs to the entrance, for example, can be done during the day from 7:00 to 23:00 on any day of the week.
Repair on weekends - it is customary to talk about Sundays and public holidays. In terms of ensuring peace and quiet during repairs, the law equates Saturdays with working days. Therefore, the question of whether it is possible to do repairs on Saturday in Moscow should be answered in the affirmative - yes, the law provides for such a possibility. The list of non-working holidays, including postponements, is determined by government decree. Click this link (opens in a new window) to view the production calendar for 2016. Using our → calculator, you can determine when and how much repairs can be done.
Can I drill on Saturday? If we are talking about repair work, then this can be done from 9:00 to 19:00 with a break for “quiet hour” (time of noisy repairs). If you are going to use a drill, for example, to assemble furniture, then most likely you have time from 7:00 to 23:00. We proceed from the fact that the general provisions on silence in Moscow should be applied to such types of work, since furniture assembly is not repair work.
Failure to comply with established prohibitions and restrictions constitutes an administrative offense under Art. 3.13 Administrative Code of the city. Moscow. At the same time, the Law does not contain clear criteria that directly determine the degree of impact of certain events in the way that they may entail a violation of the peace and quiet of citizens from the point of view of the sanitary well-being of the population (exceeding the maximum permissible noise levels, for example). As noted earlier, in such conditions it should be assumed that the violation of the peace and quiet of citizens at night, according to the legislator, is more an encroachment on public order than non-compliance with sanitary standards. This interpretation also corresponds to the norm according to which protocols on violations of peace and quiet at night in the mountains. In Moscow, officials of the internal affairs bodies, and not the sanitary and epidemiological supervision bodies, are authorized to act in relation to citizens. In the future, such an interpretation is developed in the form of a statement that for the purpose of drawing up a protocol on an administrative offense under Art. 3.13 Administrative Code of the city. Moscow (i.e. in case of disturbance of citizens' peace and quiet at night), there is no need to carry out special measurements of the noise level and draw up a conclusion based on them by the authorized environmental monitoring body, since in this case we are not talking about a violation of sanitary rules, establishing a maximum noise level, but about non-compliance with public order standards. Recording of violation of peace and quiet is carried out on an “as is” basis by an authorized representative of the internal affairs bodies (see the previously mentioned decision of the Omsk Regional Court dated December 22, 2009 No./953/2009).
4.2. Law on silence in Moscow - 2015
The old law discussed in the previous section currently applies. Conversations about an allegedly new law arise in connection with the adoption of a regional legislative act, as well as against the backdrop of the Moscow Housing Inspectorate’s initiative to amend the capital’s legislation so that “noisy repairs” can only be done on weekdays and on Saturdays from 9 a.m. to 7 p.m. (message from 06/04/2014 on the MJI website). So far, this initiative has the form of voting on the Internet.
On May 13, 2015, a bill was introduced to the Moscow City Duma that provides for a “quiet hour” from 1 to 3 p.m., as well as the possibility of limiting repair work in general to the period from 9 to 7 p.m. This document is currently under review. It is worth assuming that this bill has a great chance of being adopted, because his idea was actively “promoted” by the Moscow government, among other things, within the framework of the “Active Citizen” project. See also the article on the Kommersant newspaper website at this link (opens in a new window).
10.28.2015 - For the second reading of the draft new law on silence, it was proposed to include in its text a provision extending the period of time for repairs in new buildings. According to the authors of the amendment, houses should be considered a new building within one year from the date of their commissioning.
12/09/2015 - the new law on silence in Moscow was ADOPTED by the Moscow City Duma in the final third reading. Now it must be signed by the mayor of Moscow and published in accordance with the procedure established by law.
What is the “new silence law” of 2015? In fact, we are talking about the text of a legislative act adopted by the Moscow City Duma, on the basis of which changes are made to the existing law of the mountains. Moscow dated July 12, 2002 No. 42 (part 1.1, art. 2) and the Administrative Code of the city. Moscow.
When will the law come into force? As of December 9, 2015, the law was adopted in the third, final reading. The law was published on December 21, 2015. Thus, the new rules defining the silence regime in Moscow will be applied starting from 01/01/2016.
5. Noise resulting from work on construction sites (Moscow)
For construction work outside residential buildings (for example, work on construction sites) in the mountains. Moscow, including at night, the Rules for the preparation and execution of earthworks, arrangement and maintenance of construction sites in the mountains are applied. Moscow (approved by Decree of the Moscow Government dated December 7, 2004 No. 857-PP; the text of the Rules is also available as an appendix at the link). Please note that the Rules contain the old definition of night time - the period from 22.00 to 6.00 (clause 5.17.6 as amended by Resolution No. 186-PP dated April 25, 2012 establishes the period from 23.00 to 7.00 as night time). These Rules, in particular, prohibit during the night period the work associated with noise exceeding the maximum permissible level for the specified time; use equipment on construction sites that “has noise and vibration levels that exceed permissible standards.” In addition, it is not allowed to drive foundation piles during the specified period of time, use loudspeaker communication, or leave vehicle engines unmuted while on the site. To carry out work on a construction site at night, a permit is required, which is issued in the form of an order from the prefect of the adm. district in agreement with the head of the district government, Rospotrebnadzor authorities, the Department of Environmental Management and OATI of the mountains. Moscow. Conducting construction in excess of permissible noise levels is grounds for administrative liability in accordance with Art. 4.46 Code of Administrative Offenses of the city. Moscow. Protocols on such violations are drawn up by internal affairs bodies.
6. Duration of repairs during redevelopment - ARCHIVE
From December 1, 2011, the provisions of this section do not apply due to the entry into force of a new procedure for approving redevelopment and/or reconstruction. By his decree, Mayor S. Sobyanin abolished the restriction according to which previously repairs related to redevelopment could only be done from Monday to Saturday from 9.00 to 19.00. Now the general procedure applies: such work can be performed any day from 7.00 to 23.00.
On Saturday you can also do repairs in the apartment. On Sundays and public holidays - only work not related to reconstruction.
Another regulatory act, which determines the time for repair work in Moscow, limiting its duration depending on the “noise”, was adopted in connection with determining the procedure for redevelopment and reconstruction of residential premises. We are talking about Appendix No. 2 to the Moscow Government Decree No. 831-PP dated September 23, 2007, which defines the regulations for the reconstruction and redevelopment of residential premises (this document expires on December 1, 2011). In accordance with clause 3.4. of the specified document, reconstruction and redevelopment work is not allowed to be carried out on Sundays and holidays, non-working days in any case, as well as to begin work involving noise earlier than 9.00 and / or finish it later than 19.00. It should be borne in mind that this norm does not imply the implementation of all work on apartment renovation, but only those that are related to the execution of the decision on the approval of the reconstruction and / or redevelopment of residential premises (the Regulations mention the time of work in connection with establishing the structure and content of the decision itself on approval of redevelopment). Clause 3.4. also limits the total duration of work on refurbishment of an apartment to no more than four months (in this case, finishing work no longer applies to refurbishment activities). The types of work that are subject to approval by the housing inspection authorities are provided for in Appendix No. 1 to Moscow Government Decree No. 73-PP dated 02/08/2005 (terminates on 12/01/2011 → new redevelopment procedure).
10.29.2015 - In an attempt to fill the gap, the Moscow Housing Inspectorate accompanies its orders on the approval of redevelopment in specific premises with a clause about the time of work, for example, like this: “Set: the period for the work to be carried out from. By. (date of); work production mode p. By. hours in. days." However, the time period is not always indicated (the fields are left blank). Only the start and completion dates of the work are determined (usually a period of one year).
The aforementioned Regulations traditionally lack an interpretation of the concept of noise, the degree of its impact, as well as an indication of the procedure for determining the “noise” of certain works and recording the excess of permissible levels. Apparently, for this reason, many homeowners associations and management companies (especially in new buildings) have accepted this norm as a basis and, in any case, prescribe that any work on apartment repairs should be carried out from Monday to Saturday from 9.00 to 19.00, regardless of whether such work with noise or approved redevelopment of the apartment. You should also keep in mind that a number of homeowners associations and management companies in the city. In Moscow, such internal regulations are being tightened as new (first and subsequent) residents move into the building, significantly reducing in some cases the periods of time during which contractors can carry out work in apartments related to noise levels. Such restrictions also affect the overall duration of apartment renovation. In this regard, I would like to recommend that new residents, before starting repairs, contact the HOA, management company or maintenance service for information about the time of work in a particular building (see also information on where to start repairs in a new building).
7. Procedure for recording noise
Exceeding the maximum permissible noise level as a violation of standards aimed at ensuring the sanitary well-being of the population must be properly recorded (a measurement protocol has been drawn up by the Rospotrebnadzor laboratory, and a conclusion based on it). Such a conclusion, drawn up by an authorized organization within the framework of a relevant case of an administrative offense, is the basis for bringing the guilty person to administrative responsibility in connection with a violation of sanitary legislation (see above - the procedure for bringing to administrative responsibility). And here certain difficulties arise. As you know, the Guidelines (MUK 4.3.) “Noise level control in residential areas, residential and public buildings and premises” (PDF) are currently in effect. Particular attention should be paid to paragraph 1.19 of the document. According to the above paragraph:
The behavior of people, their violation of silence and public peace in residential buildings and in the surrounding area (operation of sound-reproducing equipment; playing musical instruments; the use of pyrotechnics; loud speech and singing; citizens performing any household work; carrying out manual loading and unloading operations; sudden closing of doors in the absence of a door closer, etc.);
Providing sound signals and triggering sound security and emergency alarms;
Emergency rescue and emergency repair work, work to prevent and eliminate the consequences of accidents, natural disasters and other emergencies that are not regular or planned, including snow and ice removal;
Normal human activity, including noise coming from other rooms;
Carrying out public events (rallies, street processions, demonstrations, etc.);
Conducting services, other religious rites and ceremonies within the framework of the canonical requirements of the relevant faiths.”
It seems that when the source of noise during repair work in the daytime is the cases mentioned in paragraph 1. 19, recording the corresponding violation, taking into account the entirety circumstances can be carried out by the competent authorities on an “as is” basis with the involvement of witnesses and qualify as a violation of public order (the competence of the police), and not norms aimed at ensuring the sanitary and epidemiological well-being of the population (the competence of Rospotrebnadzor), which, as can be understood, significantly complicates the fight against noise during the daytime, to say the least - it does not leave much chance for attempts to counteract its adverse effects during the daytime. Agree, it is difficult to prove that such noise is, for example, a manifestation of disrespect for society that took place in a public place.
In other words, this kind of restriction practically eliminates the possibility of attributing intermittent “noise from repairs” to a violation of sanitary legislation.
8. Law of the Moscow region on silence - 2016
12/01/2016 - On December 1, during the 9th meeting, the Moscow Regional Duma adopted in the third reading amendments to the Law “On ensuring peace and quiet of citizens in the Moscow region.”
According to the adopted changes, noisy repair work and redevelopment of premises will be prohibited from 19.00 to 9.00. And on Sundays and holidays you can’t do loud repairs around the clock.
At the same time, until now, there were rules in force in the region according to which on weekdays it is prohibited to make noise from 21.00 to 8.00 - we were talking about any kind of noise. The changes adopted today relate specifically to noise from repairs - singing or watching TV at high volume, etc. do not apply to the established time frames.
The law also establishes a “grace period of silence” for new buildings: here, repair work according to the “old” standards (that is, from 8.00 to 21.00) can be carried out within six months after the completion of the house.
The Law also clarifies the scope of actions related to the redevelopment of premises that disturb the peace and quiet of citizens. It is proposed to include such actions as carrying out work in non-residential premises that are not the common property of the owners in an apartment building.
Changes to the Moscow Region law on silence were officially published on the portal of the Moscow Region Government on December 14, 2016 (law card). They come into force 10 days after their publication. Thus, the new rules apply in the Moscow region starting from December 25, 2016. Until this date, the provisions listed below apply:
Since March 22, 2014, the issues of protecting the peace and quiet of citizens in the Moscow region are regulated by two legislative acts: the new law of 2014 (text), which answers the questions of what should be protected and when, and the old law of 2008 (text), which in the new edition establishes sanctions for violations of the provisions of the first and the procedure for their application. In the new edition, it was called “On administrative responsibility for offenses in the sphere of ensuring peace and quiet of citizens in the Moscow region.”
In the Moscow region, disturbing the peace and quiet of citizens is not allowed:
- from 21.00 to 8.00 on weekdays (Monday to Friday inclusive);
- from 22.00 to 10.00 on weekends (Saturday, Sunday) and non-working holidays;
- from 13.00 to 15.00 daily (“quiet hour”) - only in apartments and common areas in apartment buildings; residential buildings; residential premises and common areas in dormitories (Article 3, paragraph 1 of Law No. 16/2014-OZ), if such a violation is caused by the use of sound-reproducing and sound-amplifying devices (Article 4, Part 1, paragraph 1) or repair work and (or) redevelopment (reconstruction) of residential premises (noise from the construction site is not subject to this restriction), (Article 4, Part 1, Clause 4).
See also: card of the law dated 03/07/2014 No. 16/2014-OZ on the website of the Moscow Regional Duma; official publication of the text of this law on the pages of the Internet portal of the Government of the Moscow Region (in MS Word format).
9. Final provisions (as of December 24, 2011)
So, let’s summarize our research on the question of what time it is possible to make repairs in an apartment. Unless otherwise provided by the regulations in force in a particular building, → repair work in the apartment should be carried out generally every day from 7.00 to 23.00, i.e. during the daytime (Moscow). The previous restrictions on the time of repairs during redevelopment (from 9 a.m. to 7 p.m., as well as a ban on work on weekends) are no longer applied from December 1, 2011 due to the introduction of new regulations for the approval of redevelopment in Moscow - as a result, for cases of apartment renovation in Moscow, only the capital’s “law on silence at night” is still in effect (however, it is still possible to counteract illegal redevelopment, if any, see types of redevelopment). In the daytime, excess noise levels should be classified as a violation of sanitary legislation (until in Moscow, daytime noise is classified as an encroachment on peace and quiet). However, in order to record it and draw up a conclusion, it is required that such noise be of a constant nature (for example, the operation of elevator or ventilation equipment), and the subject of the offense is the person specified in the sanitary rules. Short-term excess of maximum noise levels (in particular, noise during renovation of an apartment) is not subject to recording and, as a result, cannot be the basis for bringing to administrative responsibility (here: for Moscow; in a number of regions of the Russian Federation other rules apply). Currently, you can file a complaint in connection with work involving increased noise to the Rospotrebnadzor authorities (in case of violation of standards Sanitary-epidemiological well-being), internal affairs ( disturbance of peace and quiet), as well as the Department of Natural Resources.
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