Construction at night is not banned, but it must stay within the allowed noise limit of 45 dBA from 23:00 to 07:00. This was explained by lawyer Vita Ugarina to socialbites.ca.
For context, 45 dBA is roughly the level of normal human speech or the soft hum of a car. A person shouting or a motorcycle running past can reach about 80 dBA, and very loud sounds such as a full orchestra, thunder, or a chainsaw can reach 100 dBA. It is important to remember that walls and insulation can significantly dampen noise, lowering its impact indoors, according to the lawyer.
During night construction, the operation of engines on special equipment should be silenced, loud negotiations should be avoided, and pile driving is not allowed. This is governed by Moscow’s silence rules.
It is noteworthy that there is currently no single federal law on silence in Russia. The quietness and comfort standards for residents are set by the regional authorities, since each region has distinct conditions affecting living patterns and density.
In Moscow, noise regulation rests on several legal instruments including Moscow Law No. 42 of July 12, 2002 On the Protection of Peace and Quiet at Night, Federal Law No. 52-FZ of March 30, 1999 On Sanitary and Epidemiological Wellbeing of the Population, Decree No. 25 of January 21, 2006 On the Rules for the Use of Residential Buildings, and the Housing Code. These documents prohibit noise in the capital between 23:00 and 07:00 and regulate repair work between 19:00 and 09:00 on Sundays and holidays.
Under the Moscow Administrative Offenses Code, a fine of up to 300 thousand rubles can be imposed on a legal entity for violating night construction or preparatory excavation noise limits.
If a resident voices concerns, the recommended first step is to submit a written appeal to the developer requesting that night work stop. Should there be no response, it is advised to call the police and document the nighttime activity. Residents can contact the Moscow Department of Nature Management and Environmental Protection, which will measure the noise and determine excess levels. Rospotrebnadzor can also conduct measurements, and requests can be submitted through the department’s official channels. It helps to be present during measurements. If results show excess noise, authorities may issue an order to remedy the violations within a set timeframe, the lawyer noted.
As a further course of action, if responses from authorities are unsatisfactory, residents may turn to the prosecutor’s office and court to seek compensation for non pecuniary damages. In such cases, evidence of the silence disturbance and noise measurements should be provided.
Legal practice indicates that obtaining moral compensation for the right to a healthy, peaceful environment is not always straightforward. When possible, courts often award such compensation at a modest level, the lawyer concluded. The situation leaves many residents weighing the timing of construction against the value of quiet living spaces.