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There are the following ways to solve the problem of disturbing the people upstairs:1If you go to the property department to complain, the property will come forward to mediate and negotiate.
2.If the property department does not handle it well, you can file a complaint with the public security organ; If the decoration noise is serious, or the decoration work is carried out at noon and at night, which seriously interferes with the lives of surrounding residents, the public security organs will give criticism and education in accordance with the law and order corrections; and where corrections are still not made after criticism and education, a fine of between 100 and 500 RMB is to be imposed.
Legal basis. Article 38 of the Regulations on the Prevention and Control of Environmental Noise Pollution Any person who commits any of the following acts shall be punished by the public security department in accordance with the following provisions: (1) If he emits occasional strong noise without approval, he shall be given a warning; where serious pollution consequences are caused, a fine of between 3,000 and 10,000 RMB is to be imposed; (2) Using loudspeakers or other high-noise methods to solicit customers, or using car tweeters to tour without authorization, causing environmental noise pollution, give warnings and order corrections; where corrections are refused, a fine of between 500 and 1,000 RMB is to be imposed; (3) Where family entertainment, physical exercise, or raising animals produce noise that interferes with the normal rest and life of others, or engages in activities such as decoration, cargo handling, production and processing that produce noise pollution at noon or at night, or shouts loudly at night and at noon, seriously interfering with the lives of surrounding residents, criticism and education are to be given, and corrections are to be ordered; and where corrections are still not made after criticism and education, a fine of between 100 and 500 RMB is to be imposed.
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If the noise disturbance problem upstairs persists, the following solutions can be considered:
Again, friendly communication: a request to hope that they will be able to reduce the noise. You can highlight the distress and impact of noise on your own life in order to increase the understanding and cooperation of the other party.
Seek help from the property or owners' committee: If the upstairs resident still does not change their behavior, they can file a complaint with the property or owners' committee. Provide detailed noise records and evidence and request that they take appropriate action to resolve the issue.
The property or owners' committee is usually responsible for maintaining the harmony and tranquility of the community, and they may take steps to address the noise problem.
Seek legal assistance: If the above methods do not work, consider seeking legal assistance. In some countries or regions, noise nuisance is considered an illegal act and can be resolved through legal means. Consult with a lawyer to understand the relevant laws and regulations and take necessary legal action.
Here are some examples of how to solve the problem of noise nuisance upstairs:
Case 1: Xiao Ming, who lives in an apartment building, is disturbed by the loud noise of his upstairs neighbor every night and can't sleep. He tried to communicate with his neighbors in a friendly way, but it didn't work well.
So, he decided to file a complaint with the property and provided detailed noise records and evidence. The property took action by warning the upstairs neighbors and asking them to reduce the noise. The problem was solved, and Xiao Ming regained a peaceful sleeping environment.
Case 2: In a residential area, residents are bothered by the noise generated by the frequent parties of the tenants upstairs. The residents communicated with each other many times, but the tenants did not change their behavior.
As a result, they jointly filed a complaint with the property and owners' committee, and provided noise records and evidence. The Property and Owners Committee took action to warn tenants and put in place stricter measures to limit noise. Realizing the distress caused to other residents by hosting a party, the tenant changed his behavior and the noise problem was resolved.
These cases solve the problem of noise nuisance upstairs. The key is to insist on safeguarding one's own rights and interests and seek appropriate solutions.
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Legal Analysis:1If you go to the property department to complain, the property will come forward to mediate and negotiate.
2.If the property department does not handle it well, you can file a complaint with the public security organ; If the decoration noise is serious, or the decoration work is carried out at noon and at night, which seriously interferes with the lives of surrounding residents, the public security organs will give criticism and education in accordance with the law and order corrections; and where corrections are still not made after criticism and education, a fine of between 100 and 500 RMB is to be imposed.
Legal basis: "Regulations on the Prevention and Control of Environmental Noise Pollution" Article 38 Anyone who commits any of the following acts shall be punished by the public security department in accordance with the following provisions:
1) If the occasional strong noise is discharged without approval, a warning shall be given; where serious pollution consequences are caused, a fine of between 3,000 and 10,000 RMB is to be imposed;
(2) Using loudspeakers or other high-noise methods to solicit customers, or using car tweeters to tour without authorization, causing environmental noise pollution, give warnings and order corrections; where corrections are refused, a fine of between 500 and 1,000 RMB is to be imposed;
(3) Where family entertainment, physical exercise, or raising animals produce noise that interferes with the normal rest and life of others, or engages in activities such as decoration, cargo handling, production and processing that produce noise pollution at noon or at night, or shouts loudly at night and at noon, seriously interfering with the lives of surrounding residents, criticism and education are to be given, and corrections are to be ordered; and where corrections are still not made after criticism and education, a fine of between 100 and 500 RMB is to be imposed.
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Of course, for the sake of maintaining the relationship between neighbors and other factors, if the neighbor noise disturbs the people, and the two parties cannot negotiate, they can first mediate through the property management or neighborhood committee, instead of directly calling the police. If the neighbor repeatedly persuades him, he will call the police decisively.
2. Court proceedings.
In practice, if some neighbors go their own way and still make noise, which seriously affects the rest and health of others, the victim can collect evidence and file a lawsuit in court to demand that the neighbor stop making noise and compensate for the damages.
According to the provisions of the Civil Code, the plaintiff (victim) in an environmental pollution case should provide the following evidence:
1. The infringer (neighbor) has committed the tort of noise nuisance. For example, the complaint handling records and test data of the Environmental Protection Bureau and the urban management bureau can be used as evidence to prove the existence of the disturbance to the people; Noise live video, etc.
2. The fact that the victim has suffered damage. A detailed medical report of the victim who went to the hospital for diagnosis.
3. There is a causal relationship between the infringement and the fact of damage. Such as the distance, the cause of the disease, etc., but this often requires a logical judgment based on the evidence of the whole case before it can be determined.
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Hello, first of all, I advise you to negotiate if you can, if that's still the case. Then you don't have to show mercy, go to the environmental regulatory department to complain, if it's serious, the environmental regulatory department will give a fine.
I asked the question, I negotiated it and it didn't work, and I told me not to be useless.
If you still don't feel like you can solve it, you can sue him.
Resolve disputes through litigation.
This protects your rights and interests.
I hope Zhenzhen's answer can answer your questions, if you are satisfied with Zhenzhen's service, I hope you can give Zhenzhen a thumbs up I wish you a happy life and good health Thank you!
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In response to the repeated disturbance of the people upstairs, the following methods can be adopted:
1.If you go to the property department to complain, the property will come forward to mediate and negotiate.
2.If the property department does not handle it well, you can file a complaint with the public security organ; If the decoration noise is serious, or the decoration work is carried out at noon and at night, which seriously interferes with the lives of surrounding residents, the public security organs will give criticism and education in accordance with the law and order corrections; and where corrections are still not made after criticism and education, a fine of between 100 and 500 RMB is to be imposed.
China's laws stipulate that units and individuals who are harmed by environmental noise pollution have the right to require the perpetrator to eliminate the harm; where losses are caused, compensation shall be made in accordance with law. Disputes over liability and the amount of compensation may, at the request of the parties, be mediated and handled by the competent administrative department of environmental protection or other supervision and management departments and institutions for the prevention and control of environmental noise pollution; If mediation fails, the parties may file a lawsuit in the people's court. The parties may also file a lawsuit directly with the people's court.
What kind of noise is considered ambient noise?
The maximum limits for environmental noise in five types of urban areas are clearly specified:
1. Recuperation area, high-end villa area, and high-end hotel area, 50 decibels during the day and 40 decibels at night (from 22 o'clock to 6 o'clock the next day);
2. In areas dominated by residential, cultural and educational institutions, 55 decibels during the day and 45 decibels at night;
3. Residential, commercial and industrial mixed areas, 60 decibels during the day and 50 decibels at night;
4. Industrial zone, 65 decibels during the day and 55 decibels at night;
5. In the areas on both sides of the main and secondary road traffic arteries, inland waterways, and main and secondary railway lines in the city, 70 decibels during the day and 55 decibels at night.
Different noise pollution, the management department is different, and different regional limits are also high and low, but as long as you are noisy, you can call ** consultation. If you don't know what the ** of the management department is, you can call the local 114 to inquire about the ** of the department.
The above is the relevant legal knowledge that the lawyer answered for you about "what to do if you disturb the people upstairs and don't change it repeatedly". For those who disturb the people upstairs and refuse to change their ways, they can find the property and ask the property to negotiate from it, or they can choose to report to the public security organ to deal with it. Did you get it?
Legal basis. Law on the Prevention and Control of Environmental Noise Pollution Article 61 Units and individuals harmed by environmental noise pollution have the right to request the perpetrator to eliminate the harm; where losses are caused, compensation shall be made in accordance with law.
Disputes over liability and the amount of compensation may be mediated and handled by the competent department of ecology and environment or other supervision and management departments and institutions for the prevention and control of environmental noise pollution at the request of the parties; If mediation fails, the parties may file a lawsuit in the people's court. The parties may also file a lawsuit directly with the people's court.
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Handling of upstairs disturbances: You can coordinate with your neighbors first, and if you fail to negotiate, you can call the police or sue. According to the provisions of the "Public Security Administration Punishment Law", if the law on the prevention and control of noise pollution in social life is violated, and noise is created to interfere with the normal life of others, a warning shall be given; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed.
Raising animals and interfering with the normal lives of others shall be given a warning; Those who do not make corrections after warnings, or allow animals to intimidate others, shall be fined not less than 200 yuan but not more than 500 yuan.
Legal basis. Article 58 of the Public Security Administration Punishment Law Violating the laws and regulations on the prevention and control of noise pollution in social life by making noise to interfere with the normal life of others shall be given a warning; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed.
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Summary. Property Complaint Environmental Protection Bureau Complaint Police The court sues for repeated disturbances upstairs, and the following measures can be taken: 1
If you go to the property department to complain, the property will come forward to mediate and negotiate. 2.If the property department does not handle it well, you can file a complaint with the public security organ;
If the decoration noise is serious, or the decoration work is carried out at noon and at night, which seriously interferes with the lives of surrounding residents, the public security organs will give criticism and education in accordance with the law and order corrections; and where corrections are still not made after criticism and education, a fine of between 100 and 500 RMB is to be imposed.
Property Complaints Environmental Protection Tongpai or Bureau Complaints Police Court Prosecution Against Upstairs Disturbance of the People Repeated Teachings, the following methods can be taken: 1If you go to the property department to complain, the property will come forward to mediate and negotiate.
2.If the property department does not handle it well, the bureau can file a complaint with the public security organ. If the decoration noise is serious, or the decoration work is carried out at noon and at night, seriously interfering with the lives of the surrounding residents, the public security organ will criticize and educate the relatives in accordance with the law, and order corrections; and where corrections are still not made after criticism and education, a fine of between 100 and 500 RMB is to be imposed.
Environmental Protection Bureau**1236912369 Environmental Protection Department**. For example, if we encounter environmental pollution problems in our lives, or we are woken up by noise when we sleep in the middle of the night, we can call this ** to complain. National Court Litigation Services Dry Ingenuity**:
12368 "12368" is the public service number of the people's court's judicial information determined by the Supreme People's Court and used nationwide. By dialing this number, you can contact judges, inquire about cases, consult litigation, and make comments and suggestions on the work of the court, or petition and complain. Free Legal Consultation**12348 (i.e. the Bureau of Justice**) "12348" is a special legal consultation for the general public by the city, district and county judicial bureaus and legal aid centers, which accepts and answers the legal advice of the masses, cooperates with the mediation of civil disputes, timely reflects the information on the legal needs of the masses, guides and accepts applications for legal aid, safeguards the legitimate rights and interests of the poor and weak parties, maintains judicial fairness, and maintains social stability.
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Summary. Hello, the upstairs disturbance of the people repeatedly taught to deal with the treatment is as follows: 1. Negotiation and mediation, usually the neighbors negotiate amicably, explain the situation, and the neighbors will pay attention to reducing the noise; 2. Seek property treatment and assist in resolving residents' disputes; 3. Report to the police, request the police to intervene in the handling, stop the infringer's infringement through a warning, and if it does not make corrections after the warning, a fine of not less than 200 yuan but not more than 500 yuan shall be imposed.
4. Filing a lawsuit with the people's court, and ruling the Yaoqiao infringer to stop the infringement and compensate for damages through litigation.
Hello, the upstairs disturbance of the people repeatedly do not change the way to deal with the following: 1. Negotiation and mediation, usually the neighbors negotiate amicably, explain the situation, and the neighbors will pay attention to reducing the noise; 2. Seek property treatment and assist in resolving disputes between Sun Tan residents; 3. Report to the police, request the police to intervene in the handling, stop the infringement of the right holder of the branch through a warning, and if it is not corrected after the warning, a fine of not less than 200 yuan but not more than 500 yuan shall be imposed. 4. Filing a lawsuit with the people's court, and ruling the Yaoqiao infringer to stop the infringement and compensate for damages through litigation.
The following evidence should be provided to file a lawsuit with the People's Escort Liangku Court: 1. The infringer (adjacent to Ludongju) has committed the tort of noise disturbance. For example, the complaint handling records and test data of the Environmental Protection Bureau and the urban management bureau can be used as evidence to prove the existence of the disturbance, such as the noise scene video.
2. The fact that the victim has suffered damage, such as a detailed medical report of the victim going to the hospital for diagnosis. 3. There is a causal relationship between the tort and the fact of damage, such as the distance, the cause of the disease, etc., but this can often be determined by making a logical judgment based on the evidence of the whole case. Legal basis: Article 58 of the "Public Security Administration Punishment Law of the People's Republic of China" violates the laws and regulations on the prevention and treatment of noise pollution in social life, and creates noise to interfere with the normal life of others, and a warning shall be given; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed.
Handling of upstairs disturbances: You can coordinate with your neighbors first, and if you fail to negotiate, you can call the police or sue. According to the provisions of the "Public Security Administration Punishment Law", if the law on the prevention and control of noise pollution in social life is violated, and noise is created to interfere with the normal life of others, a warning shall be given; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed. >>>More
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