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First of all, the state permits the decoration··· As long as the renovation is carried out during the normal time, you have no right to complain.
The general decoration regulations are Monday to Friday 8:30-11:30 a.m., 1:30-5 p.m.·· Closed on weekends and holidays. If you exceed this time, you can only find the property to communicate with the owner... Some can be relieved a little, but some can't... If you can make do with it, because he decorates quickly, you will soon live a normal life. You let him stop arguing, and the renovation time is also prolonged, and you suffer more.
After all, it's all a building, let's talk about it... The property of the neighborhood committee is also for you to mediate·· If it doesn't work, you can only go to the court, but generally this kind of lawsuit may take several months to get into the lawsuit, and it is estimated that the renovation is finished, and it is meaningless. These things are all conscious, and you will be like this if you renovate in the future (decoration companies are all in a hurry to work).
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It is necessary to communicate well with the upstairs neighbors, do not escalate the conflict, and you can also ask the property management company to communicate and manage.
1) Decoration party: In order to avoid disturbing the people, it is first necessary to let the neighbors know the decoration time in an effective way, and try to choose abnormal rest time during the decoration process, which can reduce the probability of disturbing the people to a certain extent.
2) Neighbors are disturbed: First of all, if it is during the rest time, you can go directly to the home of the renovation and communicate with the renovation worker or the decoration owner, so that it is best to stop disturbing the people in time.
3) Find the property, feedback the problem of decoration disturbance to the property, and the property will coordinate to solve the problem, if you want to solve it as soon as possible, you will directly cooperate with the property personnel to go directly to the decoration of the owner's house, and ask to stop immediately.
4) You can call the police, if the decoration owner seriously does not listen to the persuasion of neighbors and the property, you can consider the way of the police, let the coordination solve the problem, this method hinders the harmony between neighbors, use it carefully.
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Legal analysis: It is very noisy to decorate downstairs, you can complain. For the situation that the owner has already moved in, the decoration of other heads of household should be in accordance with the normal time, from 8 am to 12 pm.
Construction is from 2 p.m. to 6 p.m., and renovation is not allowed at other times. And the sound of decoration can not be too disturbing to the people, otherwise the owners who have moved in can choose to complain to the relevant management department. In addition, before the owner who has not moved in to carry out the renovation, the owner who has moved in shall be informed of the situation that the renovation will be carried out.
Legal basis: Article 2 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution The term "environmental noise" in this law refers to the sound generated in industrial production, building 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.
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Legal analysis: whether the upstairs decoration is noisy or not can be called depends on whether the construction time is within or outside the time limit of the decoration disturbing noise. China's law stipulates that decoration construction is prohibited at 12 o'clock, 14 o'clock, 18 o'clock and 8 o'clock the next day on normal working days.
In addition, on statutory rest days and holidays, it is not allowed to cause noise from decoration construction throughout the day, which will affect the normal life of residents. If the upstairs owner's renovation time violates the above regulations, you can first ask the owner to pay attention. If the owner repeatedly carries out construction, noise will interfere with the normal rest and life of others.
Other residents can call the police to deal with it, and if they seriously interfere with the lives of surrounding residents, they will be criticized and educated, and ordered to make 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: Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution Article 47 Interior decoration activities in residential buildings that have been completed and delivered for use shall limit the operation time and take other effective measures to reduce and avoid environmental noise pollution to the surrounding residents.
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For the vast majority of us living in the city, in our daily life, we are more or less affected by some noise, and the vast majority of these noises are generated by the upstairs neighbors, then, when the noise of the neighbors affects their lives, I often take the following ways and methods to communicate with the upstairs neighbors, or take the following means to deal with them.
First of all, if the noise of the upstairs neighbor's house is not very large, and this noise only occurs 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 should have more tolerant attitude in this aspect of life, 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 to 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 ears, 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 caseIf it is difficult for even the community neighborhood committee to really solve this problem, then for me, I can only make two choices, either to collect relevant evidence through court prosecution and fight with the upstairs neighbor to the end, or to completely change a living environment if I know that I can't bear it.
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1. It must be timely communication. Communicate with the neighbors who affect your life in a timely manner, and communicate directly with us this time, directly in the group, and there are people from the neighborhood committee in it, and they will also follow and coordinate, and ordinary people will also take care of the relationship between the neighbors and stop this kind of movement. We usually do the same, first adjust ourselves, if the communication is not good, we can coordinate and deal with it through the property and the neighborhood committee.
It can solve more than 90% of this problem.
2, the sedan key family 110 reported the case. If the communication is not effective, you can come up with a better recording device. For the noise to keep a certificate on the spot, and then make a 110 report, this is best the time period when the noise is most likely to occur, so that the police can come to the scene to hear the testimony, this is also a measure taken when the neighborhood committee and the property cannot be adjusted.
The above problems can be solved by this step.
3. Litigation. The police are also ineffective in communication, so we can file a lawsuit with the people's court in accordance with the law.
According to Article 83 of the Property Law, the owner shall abide by the laws, regulations and management treaties.
The general meeting of owners and the owners' committee shall have the right to require the perpetrator to stop the infringement, eliminate the danger, remove the nuisance and compensate for the losses in accordance with laws, regulations and management treaties for acts that harm the legitimate rights and interests of others, such as arbitrarily disposing of garbage, discharging pollutants or noise, raising animals in violation of regulations, building in violation of regulations, encroaching on passages, refusing to pay property fees, etc. Owners may file a lawsuit with the people's court in accordance with law for acts that infringe upon their lawful rights and interests.
If you file a lawsuit, you can file a lawsuit with the owners' committee, the property management committee and the neighborhood committee, and they also have business to ensure that the rights and interests of the owners are not infringed.
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The upstairs renovation is noisy, you can complain to the property and the owners' committee, make a complaint. The law stipulates that the time for decoration is from 8 a.m. to 12 noon, 2 p.m. to 6 p.m. every day, and other times should not disturb the normal life of other residents. You can call the police to deal with it, and then the police will detect whether there is really a disturbance to the people, and if so, they will be allowed to correct it.
Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution》 Article 60 Whoever violates the provisions of the first paragraph of Article 44 of this Law by causing environmental noise pollution shall be ordered to make corrections by the public security organ and may be fined concurrently. Where the people's departments at or above the provincial level decide in accordance with law that the competent departments for ecology and the environment of local people's governments at or above the county level shall exercise the administrative punishment powers provided for in the preceding paragraph, follow their decisions. Legal basis:
Article 30 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution 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 roll out continuous operation 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.
Upstairs renovated downstairs ceiling.
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