Is it illegal to hit the ceiling upstairs with a leather hammer?

It is illegal to knock on the ceiling with a leather hammer and disturb the people, and noise disturbance is an administrative offense, which affects the normal rest of others.

Legal analysis

According to the relevant laws and regulations, disturbing the people is an illegal act, if someone disturbs the people and someone reports to the police, the police come to the door to warn and do not make corrections, and those who continue to disturb the people will be fined, and the police can administratively detain them. If you knock on the ceiling downstairs, it will affect the lives of the upstairs and downstairs neighbors, but if it does not cause damage to the structure of the house and does not cause the loss of life and property upstairs and downstairs, it does not constitute the crime of destruction, at best, it is a personal act that disturbs the lives of others, which is an act of disturbing the people. If you encounter such a neighbor and the other party deliberately makes noise to harass the normal life of the person concerned, it is recommended to point out the problem face-to-face and negotiate a solution to avoid damaging the neighborly relationship.

If the other party does not listen, and the malicious intent continues, you can inform the property to solve it. Because the rights and interests of these owners have been infringed, compensation is generally required, and if the compensation is unsuccessful, you can directly report to the corresponding department or report to the police. If you can't solve the problem by telling the property, you can seek help from the public security organs.

The public security organs are to stop and punish them in accordance with law. Citizens should use their legitimate rights and interests to safeguard their legitimate interests.

Legal basis

Public Security Administration Punishment Law of the People's Republic of China》 Article 58 Whoever violates the laws and regulations on the prevention and control of noise pollution in social life by creating noise that interferes 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.

Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution》 Article 2 The term "environmental noise" as used in this Law refers to the sound generated in industrial production, construction, transportation and social life that interferes with the surrounding living environment. "Environmental noise pollution" as used in this Law refers to the phenomenon that the environmental noise generated exceeds the environmental noise emission standards prescribed by the state and interferes with the normal life, work and study of others.

Although it is not illegal, take a leather hammer to knock on the ceiling, which seriously affects the residents, if there is something to knock occasionally it doesn't matter, if it is often like this, you can report to the property, if you don't listen to you, you can call the police, he is a serious disturbance to the people, affecting the normal rest of others.

It is not illegal, but it is an unethical behavior, and you can keep the evidence to go to the Environmental Protection Bureau to sue him for noise harassment and apply for a fine.

Not breaking the law. However, it is a very immoral behavior to seriously affect the rest of the residents upstairs.

1. It is illegal to knock on the ceiling with a leather hammer and disturb the people. The noise standard in residential areas is between 45 and 55 decibels, which is equivalent to a volume at which two people can hear each other clearly when talking in a room, and more than this volume can be counted as noise nuisance.

2. Legal basis: Article 44 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution.

It is forbidden to use loudspeakers or other methods that emit high noise to solicit customers in commercial activities.

Where air conditioners, cooling towers and other equipment and facilities that may produce environmental noise pollution are used in commercial business activities, their operators and managers shall take measures to ensure that their boundary noise does not exceed the environmental noise emission standards prescribed by the state.

Article 45.

It is forbidden for any unit or individual to use loudspeakers in areas where noise-sensitive buildings are concentrated in urban areas.

If the use of audio equipment may produce excessive noise that may interfere with the surrounding living environment, the regulations of the local public security organs must be complied with.

Second, how to deal with knocking on the ceiling downstairs.

The downstairs knock on the ceiling is handled as follows:

1. Negotiate with neighbors and strive to properly resolve disputes between the two parties;

2. If you can't negotiate with the other party, then you can now ask the property to coordinate and solve it.

Legal analysis: do not break the law, take a hammer to knock on the building seriously affect the residents, if it is occasionally because of repairs and other knocks it does not matter, if it is often like this, you can reflect to the property, if there is no effect, you can call the police, this is a serious disturbance to the people, affecting the normal rest of others. If it is a noise disturbance between people, the harassed person can deal with it through mediation, negotiation, or the police.

If it is a self-employed enterprise, you can report and complain to the relevant units of urban construction services.

Legal basis: Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution

Article 41: "Noise from social life" as used in this Law refers to sounds generated by human activities that interfere with the surrounding living environment, except for industrial noise, construction noise, and traffic noise.

Article 42 In the area where noise-sensitive buildings are concentrated in urban areas, commercial enterprises that cause environmental noise pollution due to the use of fixed equipment in commercial business activities shall, in accordance with the provisions of the competent department of ecology and environment, report to the competent department of ecology and environment of the local people's department at or above the county level where they are located the status of the equipment that causes environmental noise pollution and the facilities for the prevention and control of environmental noise pollution.