Construction work at night is not prohibited, but must not exceed the permissible noise level of 45 dBA (from 23.00 to 7.00). Lawyer Vita Ugarina told socialbites.ca about this.
“For comparison, a noise of 45 dBA is the average sound level of human speech or the low hum of a car. For example, the scream of a person or the silenced sound of a motorcycle passing by is already 80 dBA and is considered very loud. Extremely loud sounds (100 dBA) include an orchestra, thunder, and a working chainsaw. “It is important to consider that even if the noise level is high, it will decrease if there are walls and sound insulation,” he said.
According to the lawyer, during construction at night, the engines of special equipment should be turned off, loud negotiations should not be held, and pile driving is excluded – this is regulated by the law of silence in Moscow.
“It is worth noting that currently there is no single federal law regarding silence. “The issues of quietness and adaptation to comfortable living conditions of citizens are regulated at the level of the constituent entities of the Russian Federation, since each region has its own territorial characteristics, including those related to living conditions and compactness.” .
Today in Moscow, noise is regulated by Moscow Law No. 42 of July 12, 2002 “On the protection of peace and quiet of citizens at night in the city of Moscow”, Federal Law No. 52-FZ of March 30, 1999. sanitary and epidemiological well-being of the population” (article 3 Art. 23), Decree of the Government of the Russian Federation No. 25 of January 21, 2006 “On approval of the Rules for the use of residential buildings” (article 6 Rules) and the Housing Code (part 4 of article 17 and part 4 of article 30). According to these documents, it is forbidden to make noise in the capital between 23:00 and 07:00, and repairs must be carried out between 19:00 and 09:00, on weekends (Sundays) and holidays.
According to the Moscow Code of Administrative Offenses (CAO), a fine of 300 thousand rubles is required (for a legal entity) in case of exceeding the noise level during night construction work or preparatory excavation work.
“First, write an appeal to the developer requesting that night work be stopped. If there is no response to the objection, you can call the police and record the fact of working at night. Contact the Moscow Department of Natural Resources Management and Environmental Protection; This unit will measure the noise level and determine its excess. You can also contact Rospotrebnadzor, which also carries out noise measurements, and submit your requests on the official website of the departments. It is recommended that you be present when the noise level is measured. “If, according to the measurement results, it is determined that the noise level is exceeded, the authority has the right to issue an order to eliminate the violations within a certain period of time,” he emphasized.
If no response is received after contacting these authorities and the services are not effective, the lawyer suggested contacting the prosecutor’s office and the court as a last resort for compensation for non-pecuniary damages. In this case, in addition to evidence that the silence has been disturbed, data on the measurement of the noise level must also be presented.
“Judicial practice shows that it is not easy to obtain moral compensation for the violation of citizens’ rights to a favorable environment and protection of their health, and if compensation is possible, the court meets these demands at a minimum level. he concluded.
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