Is it unconstitutional to have a neighbor s renovation disturb the rest every night?

Every night, there are neighbors' renovations that disturb the rest, which violates the law on penalties for public security administration.

Legal analysisRenovation usually stops between 22 p.m. and 6 a.m. If it is the noise caused by the neighbor's decoration, it can be decided according to the specific situation, and the neighbor can be discussed and asked to work within the normal time; If the wall is damaged due to the neighbor's renovation, the neighbor can be asked to repair it; If the neighbors do not cooperate with the solution, they can directly go to the property or community department to respond to the solution, and if the negotiation with the neighbors fails, find a third party for mediation, and you can find the property or neighborhood committee or people's assessors. If the problem has not been solved, you can call the police and let **persuade and warn the other party.

Finally, you can also file a lawsuit in court for violating your right to health. Relevant laws and regulations prohibit noise disturbance operations such as noise production in residential buildings that have been completed and delivered for use on statutory rest days, holidays, and working days from 12 to 14 o'clock and from 18 to 8 o'clock the next day.

If the operation is carried out during other periods, noise control measures shall be taken to reduce the disturbance to the surrounding residents. According to the specific situation, if it is the noise caused by the neighbor's decoration, you can discuss with the neighbor and ask the other party to carry out the construction within normal time; If the wall is damaged due to the neighbor's renovation, the neighbor can be asked to repair it; If the neighbors do not cooperate with the solution, they can directly go to the property or community department to respond and solve the problem, and it is really impossible to file a lawsuit and pursue their responsibility.

Legal basisLaw of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution Article 30 In areas where noise-sensitive buildings are concentrated in urban areas, it is forbidden to carry out construction operations that produce environmental noise pollution at night, except for emergency repairs, emergency operations and continuous operations that must be carried out due to production process requirements or special needs. If it is necessary to operate continuously due to special needs, it must be certified by the people at or above the county level or its relevant competent departments. For night operations provided for in the preceding paragraph, nearby residents must be announced.

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.

It has nothing to do with the Constitution. Violation is the "Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution", which stipulates that statutory rest days, holidays, and working days from 12 o'clock to 14 o'clock, 18 o'clock to 8 o'clock the next day, it is forbidden to carry out noise-generating decoration and other disturbing operations in residential buildings that have been completed and delivered.

If there are neighbors decorating every night and disturbing the rest, if your home has a community, you can reflect that there is no community in the community, in this case, if it is more than nine o'clock, you can solve it through 110.

Your matter, she has seriously affected the rest of the citizens, and it is a serious disturbance to the people, especially after eight o'clock in the evening, you can call 110 at seven o'clock in the morning

If the neighbors disturb you at night, the renovation should first ask the neighborhood committee to come forward to coordinate, if he is not willing to cooperate, it is best to call the police.

Generally speaking, this is not considered a violation of the Constitution, because this is a renovation? It is not unconstitutional.

Legal analysis: In violation of the "Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution" and the "Law of the People's Republic of China on Public Security Administration Punishments", the parties can report to the police on the problem of neighbors disturbing the people. The Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution requires the adjacent parties of the immovable property to minimize the noise and mitigate the adverse impact on the surrounding neighbors when engaging in indoor entertainment activities or other activities.

Anyone who violates the laws and regulations on the prevention and control of noise pollution in social life by making 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.

When using household appliances, musical instruments or other indoor recreational activities at home, the volume should be controlled or other effective measures should be taken to avoid causing environmental noise pollution to the surrounding residents.

Legal basis: Article 58 of the Law of the People's Republic of China on Public Security Administration Punishments Article 58 Anyone who violates the laws and regulations on the prevention and control of noise pollution in social life by making noise and interfering 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 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.

Article 46: When using household appliances, musical instruments, or other household indoor entertainment activities, the volume shall be controlled or other effective measures shall be taken to avoid causing environmental noise pollution to the surrounding residents.

Article 58: Where the provisions of this Law are violated by any of the following conduct, the public security organs are to give warnings and may impose a concurrent fine:

1) The use of loudspeakers in areas where noise-sensitive buildings are concentrated in urban areas;

2) Violating the provisions of the local public security organs by organizing entertainment, gatherings, and other activities in public places such as streets, squares, and parks in urban areas, and using audio equipment to produce excessive noise that interferes with the surrounding living environment;

3) Failure to take measures in accordance with the provisions of articles 46 and 47 of this Law to emit environmental noise from the home room that seriously interferes with the lives of surrounding residents.

Article 61: Units and individuals that are harmed by environmental noise pollution have the right to request that the perpetrator remove 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.

For the noise made by the neighbors, you should keep restraint from the occasional noise, understand the noise such as decoration, and use communication and coordination to solve the frequent noise

Clause. 1. You should exercise restraint in the occasional noise from your neighbors.

In daily life, falling things, children playing, etc., will make noise and affect the lives of neighbors. This kind of thing is inevitable. We should exercise restraint in dealing with such issues.

After all, everyone makes some noise occasionally, and although this situation affects us, it does not affect much. In order to live in harmony with our neighbors, we should exercise restraint.

Clause. 2. The noise emitted by the neighbor's house due to the decoration should be understood.

When decorating, it will make a lot of noise. Therefore, when the neighbor's house is renovated, it will affect itself. You should understand this kind of problem.

After all, when decorating, it will make noise, which is inevitable. Therefore, as long as the neighbor's house can be renovated at the right time, and the neighbor stops work and keeps quiet when the neighbor is resting, you should understand the other person.

Clause. 3. For the noise that the neighbors often make, they should solve it through communication and coordination.

Some people are of poor quality, and they often make all kinds of noise in their daily life, which affects the lives of their neighbors. For such problems, you should communicate with your neighbors to solve them. As long as you communicate with each other in harmony, you can find solutions to problems, so that you can both solve problems and maintain harmony between neighbors.

So, I think this solution is the most appropriate.

To solve the problem of children's running and playing, the focus should be on parents, and parental restraint is the most important way to solve children's running and playing.

1. Communicate with the parents upstairs first, now everyone is of good quality, and generally the communication will have a good effect. About 80% or more can be improved, so be sure to talk to the parents upstairs first.

2. I met parents who couldn't communicate (I have encountered it, saying that the floor is our own, saying that we are too much to manage.) ）。At this time, you can call the police to deal with it.

Some people suggest looking for a property, I don't think the effect is very good, but whenever he encounters a rogue neighbor, he will be more arrogant in front of the property. They don't take the property seriously at all.

3. Generally, after the alarm, most of the building noise problems of the remaining family files can be basically solved. Timely is a rogue neighbor, and they are also afraid of a more powerful presence than him.

4. After the above two ways, basically more than 90% of the building noise of Zhaosui can be solved. However, it is not excluded that it will still not be solved. The probability of encountering this situation is very low.

Once encountered, you can be ruthless, change the house, don't drag it out, the building noise will greatly affect people's mental health, depression, discomfort, and sub-health. You can also find some equipment to fight back, which is not very popular these days, but it is a last option that works. Now I don't know if I can find it, you can use**search function, search**, scan to see if it's still there.

Try to communicate well, for the vast majority of people who live in the city, they will be more or less affected by some noise in daily life, and most of these noises are generated by the upstairs neighbor's house, then, when the neighbor's noise affects their own life, I often take the following ways and methods to communicate with the upstairs neighbor, or take the following means to deal with it.

First of all, if the upstairs neighbor's noise is not very large, and this noise only appears occasionally, then in this case, I will still be more understanding and tolerant, after all, in daily life, no one can avoid creating all kinds of noise, since the choice of living in the city of the life of the building should have a more tolerant attitude, the other party may just be unintentional, there is no need to worry about such a trivial matter, which affects the relationship between neighbors. It's just that the gains outweigh the losses.

But if the upstairs neighbor's noise is particularly loud, then in this case, I will take the initiative to find the upstairs neighbor, in a gentle tone to the upstairs neighbor put forward their own suggestions, hoping that the upstairs neighbor can control the noise as much as possible, if in this polite communication, the other party is still deaf, then in this case, I will call the property of my own community, by the property side to communicate and mediate, if the property can not be solved or there is no property in the community, then in this case, I will ask the community neighborhood committee to come forward, if it is difficult for the community neighborhood committee to really solve this problem, then for me, I can only make two choices, either through the court to collect relevant evidence and upstairs neighbors to the end, or if I can't bear it, completely change a living environment.

Hello, dear. It's a pleasure to serve you.

1. Collect evidence to communicate.

First of all, use the recording method to record the noise of the neighbors, often like this, you take the evidence to communicate with the neighbors in the past, and now in general, the quality of the whole people has improved a lot, and he is good to theorize, I believe that most people will understand each other. If he doesn't believe it, you can show him the "evidence" we prepared in advance.

2. Find a middleman to help negotiate.

If the continuous noise affects your daily life and you don't want to solve it directly with your neighbors, you can talk to the property and ask the property to help negotiate. If it is a decoration or something, if the construction unit is making noise during normal working hours, you can only accommodate yourself first, buy a good headset with sound insulation effect or something to rest or study.

3. If you can't bear it, you will call the police to solve it if the negotiation is fruitless.

If the negotiation result is not ideal, the other party's attitude is arrogant and unreasonable, you can directly call the police to deal with it, ** If the effect is not great, you can only go to court to sue, but before that, all the evidence must be prepared in advance. After all, if you go to court, it will be laborious and costly. It is still very rare to encounter such unreasonable strange neighbors, and generally speaking, the above two can basically solve things.

4. If you can't do it again, you can only make a soundproof treatment for your house. Renovated his home. After all, I have lived for a long time, and it is not worth getting angry because of these things every day, so I can only spend some money to improve the current environment in order to have a better living environment.

If you are a tenant, you will move if you report to the landlord that it is really not possible.

I hope mine is helpful to you and have a great day!