Noise from renovation work, loud music or noisy company at the neighbors' house can interfere with a peaceful rest at home. If this happens at night or on weekends, noisy neighbors can be held administratively liable. How and under what conditions this can be done, lawyers of the free legal aid system tell.
What noise level is acceptable?
The permissible noise level depends on the day of the week, time of day and area. On average, for residential buildings, the noise level should not exceed 30-45 dB.
When is it forbidden to make noise in residential buildings and apartments?
From 10:00 PM to 8:00 AM it is prohibited:
- to shout and sing loudly;
- turn on music and other sources of household noise.
It is prohibited to carry out repair work:
- on weekdays from 9:00 PM to 8:00 AM
- on holidays and non-working days – 24 hours a day.
In this case, the owner or tenant of the premises in which repair work is planned to be carried out is obliged to notify the residents of adjacent apartments about the start of such work. With the consent of the residents of all adjacent apartments, repair and construction work may also be carried out on holidays and non-working days.
In some regions, additional rules for observing silence may be established. Such a decision is made by local government bodies, in accordance with the characteristics of the territories in which the city or village is located (for example, resort, medical and health-improving, recreational, protected).
Are there any exceptions?
Yes. As an exception, noise is allowed if the noise is caused by:
- elimination of the consequences of an accident, natural disaster or other emergency situations;
- preventing theft, fires or performing civil defense tasks;
- providing emergency assistance, preventing or stopping an offense;
- appliances or equipment that provide life support for residential and non-residential public buildings, in particular generators. At the same time, measures must be taken to minimize noise penetration into adjacent premises;
- holding meetings, rallies, demonstrations or other events, about which executive authorities or local self-government bodies have been notified in advance.
What to do if neighbors violate established requirements
First of all, you should talk to your neighbors and try to resolve the problem peacefully. If they do not respond, call 102. The police should record the fact of the violation and draw up a report on an administrative offense. This is necessary to bring the perpetrators to justice.
In the event that noise arises from the operation of facilities located in or near the building (shops, cafes, construction, etc.), and their management does not respond to complaints, you should contact local government authorities.
You can also go to court to recover moral and material damage caused by the systematic violation of the silence regime. Evidence must be attached to the application, which can be:
- contacting the police;
- testimony from neighbors;
- medical certificates about causing harm to health (doctor's certificate, sick leave, other evidence of nervous disorders, sleep disorders, hearing impairment);
- Results of instrumental measurements of noise levels carried out by laboratories with the relevant accreditation branch. To find out who can carry out such measurements in your region, contact your local government.
Liability for breach of silence
Liability for violation of the requirements of legislative and other regulatory legal acts regarding the protection of the population from the harmful effects of noise or the rules for maintaining silence in settlements and public places is provided for in Article 182 of the Code of Administrative Offenses. In particular, it provides for:
- for citizens – a warning or a fine of 5 to 15 tax-free minimum incomes of citizens (from 85 to 255 UAH);
- for officials and citizens-entities of economic activity - imposition of a fine from 15 to 30 tax-free minimum incomes of citizens (from 255 to 510 UAH).
In case of repeated violation within a year, the fine increases:
- for citizens – from 15 to 30 tax-free minimum incomes of citizens (from 255 to 510 UAH);
- for officials and citizens-entities of economic activity - from 50 to 150 non-taxable minimum incomes of citizens (from 850 to 2550 UAH).
In this case, the object of violation of silence will be confiscated.
To consult with a lawyer for free, Call the BPD system contact center at: 0 800 213 103. Calls from landlines and mobile phones within Ukraine are free. The contact center is open on weekdays from 8:00 to 18:00. For all the ways to get free legal assistance, click on the link https://legalaid.gov.ua/kliyentam/yak-otrymaty-bpd/.