Construction Nuisance Compensation Standard 2022

The construction unit shall, according to the inspection and testing agency issued by the inspection and testing agency for the scope of the scope of night construction noise impact, as well as the results of the on-site investigation, confirm the scope of compensation to the residents within the scope of the night construction noise, compensate the actual occupants, and sign a compensation agreement. The specific compensation standard may be determined through consultation between the construction unit and the affected residents, or by the construction unit in conjunction with the property management company, the property committee, the local neighborhood committee, the village committee and other relevant units, and the affected residents through consultation. However, if there is a situation where the compensation is not made, once discovered, the project will be ordered to immediately stop the night construction, withdraw the "Construction Project Night Construction Approval Document", and inform the ecological environment department, urban management law enforcement department and the sub-district office (or township people**) where the project is located of the recovery situation.

The scope and standard of compensation for construction disturbance can be implemented in accordance with the relevant provisions of the Law on the Prevention and Control of Environmental Noise Pollution and the specific local reality.

China's laws stipulate that if construction noise is discharged to the surrounding living environment within the city limit, it shall comply with the national noise limit of the construction site, that is, the construction noise shall not exceed the noise limit of 55 decibels at night (referring to the period between 22 o'clock in the evening and 6 o'clock in the morning). At the same time, units and individuals who are 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, 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.

Legal basis: Article 23 of the Law on the Prevention and Control of Environmental Noise Pollution Article 23 Where industrial noise is discharged into the surrounding living environment within the city limits, it shall comply with the environmental noise emission standards for industrial enterprises at the boundary of industrial enterprises stipulated by the state.

1. What is the compensation standard for construction disturbances?

1. The compensation standard for construction disturbance is that if the construction project interferes with the normal work and life of residents and causes losses to residents, the construction unit shall compensate for the actual losses caused. When carrying out the construction of the project, the construction unit shall carry out the construction in accordance with the law, and shall not interfere with the normal life and work of the surrounding residents, especially during the construction at night, the noise generated is most likely to affect the residents, damage the interests of the residents, and bear legal responsibility.

2. Legal basis: Article 58 of the Law of the People's Republic of China on Public Security Administration Punishments.

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.

Article 59.

1) Pawnbroking workers who accept pawned items without checking relevant certificates, failing to perform registration formalities, or clearly knowing that they are criminal suspects or stolen goods, and failing to report them to the public security organs;

2) Violating state regulations by purchasing waste special equipment such as railways, oil fields, power supply, telecommunications, mines, water conservancy, surveying and urban public facilities;

3) Purchasing stolen goods or items suspected of being stolen by the public security organs;

4) Acquisition of other items prohibited by the state.

2. What are the basic standards for noise nuisance?

1. Working in an environment with noise levels of 85 decibels and 90 decibels for 30 years, the probability of deafness is 8% and 18% respectively;

2. In an environment with a noise level of 70 decibels, it is difficult to talk;

3. The noise level threshold for interfering with sleep and rest is 50 decibels during the day and 45 decibels at night.

The noise level of night construction is 55-59 decibels, and the compensation fee for night construction noise disturbance is 70 yuan per month; The noise level of construction at night is 60-64 decibels, and the compensation fee for noise disturbance at night is 83 yuan per month; The noise level of night construction is 65-69 decibels, and the compensation fee for night construction noise disturbance is 100 yuan per month; The noise level of construction at night is 70-74 decibels, and the compensation fee for noise disturbance at night is 269 yuan per month; The noise level of night construction is 75 decibels and above, and the compensation fee for noise disturbance of night construction stove is 277 yuan per month.

Disputes over liability and the amount of compensation may be mediated at the request of the parties, and 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 should I do if the construction noise at night disturbs the public?

1. Negotiate with the person in charge of the construction site and the person in charge of the company, and ask to stop the night construction, or at least reduce the noise of the night construction.

2. If the negotiation fails or the construction site is revived, the local environmental protection bureau, urban construction bureau, urban management and other relevant administrative departments of the electric union shall confirm whether the construction site has the qualification for night construction, and report and complain, and request rectification and investigation of such behavior.

3. Go to court to file a lawsuit.

If the construction site is still working at night and the noise disturbs the people, you can collect evidence and file a lawsuit in the court to request that the infringement be stopped and compensate for the related losses, such as mental damage, material damage, etc. This is the last and most powerful way to defend rights and recover compensation, and if the negotiation fails, it is necessary to decisively consolidate, collect evidence, and file a lawsuit with the court for recovery.

Legal basis

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 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.