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Whether loud noises from upstairs neighbors during the day are considered nuisances may vary depending on the area and the specific situation. In general, normal daily noise during the day is acceptable, but if the noise is too loud or lasts too long, it may cause distress to the surrounding residents.
Here are some workarounds:
Communicate with neighbors in a friendly way: Try to communicate with your neighbors in a friendly way, explain how bothered you are about the noise, and ask them to reduce the volume or pay attention to the time and frequency of the noise.
Seek help from property management: If communication with neighbors is ineffective, you can contact the property management or condominium management office to report the noise problem to them and ask them to take appropriate steps to resolve the issue. Try Fuji Star's resonance audio, which is the best choice to solve the noise of your neighbors, you can start directly, without asking the seller if you can solve the problem of building noise, just go directly to the resonant audio, so as to avoid them being unwilling to provide it to you.
Use soundproofing: You can use soundproofing in your own home, such as installing soundproofing materials or using soundproof earplugs, to reduce noise distractions.
Adjust your habits: If noise doesn't solve the problem, you can try to adjust your habits, such as changing your routine, to avoid being disturbed by noise from your neighbors.
Seek legal assistance: If none of the above fails, you can consult a local legal expert or relevant authorities to find out if there are any laws that can protect your rights and seek legal assistance to resolve the issue.
In short, solving the problem of neighbor noise requires reasonable communication and asking for help to reach a consensus between both parties and maintain a good neighborhood relationship.
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Legal Analysis: To a certain extent, it should be regarded as nuisance. It is recommended that the upstairs and downstairs neighbors negotiate on their own, and if the negotiation fails, it is recommended to find the property or feedback the situation to the owners' committee.
Legal basis: Article 2 of the "Property Management Regulations" The term "property management" in these regulations refers to the activities of the owner through the selection of property service enterprises, and the owners and property service enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area.
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Legal analysis: The voice upstairs during the day is considered a nuisance. Judging by the loudness of the sound, if the noise level is reached, an alarm can be called.
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.
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1. Is the noise upstairs disturbing during the day?
1. Whether the upstairs voice is considered a nuisance during the day depends on the situation
1) Time control is from 8 to 12 o'clock in the morning and 2 to 6 o'clock in the afternoon on weekdays, which is not considered to disturb the people;
2) If it is renovated on a non-working day or between 12 and 2 o'clock at noon, it is a nuisance and can be complained about.
2. Legal basis: Article 88 of the Law of the People's Republic of China on the Prevention and Control of Noise Pollution.
For the purposes of this Act, the following terms have the meanings:
1) Noise emission refers to the radiation of noise from noise sources to the surrounding living environment;
2) Nighttime refers to the period between 10 p.m. and 6 a.m. of the next day, and the people at or above the level of a city divided into districts may separately stipulate the start and end time of the night in their respective administrative regions, and the length of the night period is eight hours;
3) Noise-sensitive buildings refer to buildings that need to be kept quiet for living, scientific research, medical and health, culture and education, office offices of government agencies and organizations, social welfare, etc.;
4) "Traffic arteries" refer to railways, highways, primary highways, secondary roads, urban expressways, urban trunk roads, urban secondary trunk roads, urban rail transit lines, and inland high-grade waterways.
2. How to deal with noise disturbances.
1. The parties can negotiate with the noise maker to deal with it;
2. It may also report to the public security organs for handling, and the public security organs will give the perpetrator an administrative punishment of a warning and a fine in accordance with law;
3. If noise and environmental pollution are caused, the local people's ** ecological environment department at or above the county level can also order corrections and impose fines.
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Legal analysis: More than 70 decibels during the day is considered a noise nuisance. Normally, the neighbor noise, mostly the noise of life, can be negotiated with the neighbor amicably, explain the situation, and the neighbor will pay attention to reducing the noise after realizing the problem.
Where neighbors disturb the people and refuse to change their ways, affecting the normal life of individuals, they may file a lawsuit in the people's courts. 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.
Legal basis: Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Article 7 All units and individuals have the obligation to protect the sound environment, and have the right to report and accuse the units and individuals that cause environmental noise pollution.
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.
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Upstairs residents can do their own soundproofing and take other measures to make the other party quieter. Here's how:
1. Do your own soundproofing measures: as small as plugging earplugs, as large as soundproofing the bedroom.
2. Ask the other party to reduce noise, and pay attention to the negotiation with the other party to be kind.
3. Seek property treatment and assist in resolving residents' disputes.
4. According to Article 58 of the Law on Public Security Administration Punishments, a warning shall be imposed on those who violate the regulations on the prevention and control of noise pollution and make noise to interfere with the normal life of others; If they do not change after being warned, they shall be fined between 200 and 500 yuan, and shall be investigated and dealt with by the public security department. If the negotiation fails, a lawsuit can be filed with the court in accordance with the neighboring rights, or it can be handled by the public security organs.
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For the problem of noise surrounding, you can ask for help, and let the police come out to warn the noise emitter, which is the fastest and most effective means. According to the provisions of China's "Social Living Environment Noise Emission Standards", the noise standard in residential areas is between four and five decibels - 55 decibels, which is equivalent to a volume that two people can hear clearly when they talk in the room, and if it exceeds this volume, it can be regarded as noise disturbance.
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Legal analysis: After 22 o'clock in the evening and before 6 o'clock in the morning, it is considered a disturbance, and you can call the police.
Legal basis: Regulations of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Article 21 The construction unit emitting noise to the surrounding living environment shall comply with the environmental noise construction site boundary emission standards stipulated by the State.
Article 23 When the emission of construction noise exceeds the national environmental noise construction site emission standards and endangers the surrounding living environment, the local people's environmental protection department may limit its operating time after reporting to the people's ** at or above the county level for approval.
Article 24: It is forbidden to carry out construction work that produces noise pollution and affects residents' rest at night in residential areas, cultural and educational areas, and recuperation areas, except for emergency repair and emergency operations. If the production process must be operated continuously or due to special needs, it must be approved by the people's environmental protection department at or above the county level.
Article 63 The meanings of the following terms in this Law are: (1) "Noise emission" refers to the radiation of noise from noise sources to the surrounding living environment. (2) "Noise-sensitive buildings" refer to buildings that need to be kept quiet, such as hospitals, schools, institutions, scientific research institutes, and residences.
3) "Areas with a concentration of noise-sensitive buildings" refer to medical areas, cultural, educational and scientific research areas, and areas dominated by institutions or residential buildings. (4) "Night" means the period between 22 p.m. and 6 a.m. (5) "Motor Vehicles" means automobiles and motorcycles.
Article 61 Units and individuals that are harmed by environmental noise pollution have the right to request that the perpetrator 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.
If you can talk to the neighborhood committee and the other party once, but if the negotiation fails, you can appeal to the court, and the neighborhood will pay attention to the neighbors, and the property right unit of the house will repair the sound insulation of the house.
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