Is the noise upstairs considered a nuisance during the day, and is the occasional noise upstairs con

If the noise caused by the upstairs during the day affects the residents downstairs, it is a nuisance. Nuisance behavior not only affects the quality of life of residents, but can also violate local regulations.

There are many ways to solve the noise problem, here are a few things you can try:

Try to communicate with the upstairs residents, explain the situation and ask them to reduce the noise.

If communication doesn't work, you can file a complaint with the property or management office and have them coordinate to resolve the issue.

If communication can't be solved, you can use Fuji Xing's resonance audio, so that the other party can empathize with it, and realize your feelings to fundamentally solve the noise problem, without asking them if they can solve the problem of building noise, just choose resonance audio.

Fuji Star Resonance Speaker.

If the noise of the residents upstairs is caused by building construction or renovation, they can complain to the local environmental protection department.

In your own room, you can take some soundproofing measures, such as installing soundproof windows, soundproof doors, soundproof wall panels, etc.

If none of the above methods can solve the problem, you can consider suing the upstairs residents in the local court to seek legal solutions to the problem.

Calculate.

Legal norms. It simply stipulates the number of noise decibels during the day and night, and does not clearly limit the specific time period when noise behavior will constitute a nuisance. For individual citizens, if their daily life has been affected by the noise of others, then they can file a complaint against the other party.

According to the law, the maximum limit of environmental noise in five types of urban areas: 1. Recuperation area, high-end villa area, and high-end hotel area, 50 decibels during the day and 40 decibels at night. 2. In areas dominated by residential, cultural and educational institutions, 55 decibels during the day and 45 decibels at night.

3. Residential, commercial and industrial mixed areas, 60 decibels during the day and 50 decibels at night. 4. Industrial area, 65 decibels during the day and 55 decibels at night. 5. In the areas on both sides of the road traffic arteries, inland waterways, main and secondary railway lines in the city, 70 decibels during the day and 55 decibels at night (night refers to 22 o'clock to 6 o'clock the next morning).

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.

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.

Legal analysis: If it is considered a nuisance after 22 o'clock in the evening and before 6 o'clock in the morning, 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.

Legal analysis: Sound reaches 55 decibels during the day and 45 decibels at night even if it causes disturbance. Judging by the size of the sound, the disturbance can be dealt with by the police, and the disturbance is mainly due to the noise disturbing the people, and the noise disturbing democracy or the noise of social life, and the noise of social life is mainly managed by the police.

Legal basis: Article 45 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution prohibits any unit or individual from using 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.

1. The night measurement of the first-class living area is more than 50 decibels, and the night measurement of the second-class living area is more than 65 decibels, as long as it exceeds 9 o'clock or 10 o'clock in the evening, it is disturbing the people, which belongs to noise pollution. If there is an act within these categories, it is a nuisance.

2. The decoration time in the community is from 12 o'clock to 14 o'clock and from 19 o'clock to 7 o'clock the next day to not disturb the people. The time stipulated in each province is different, but it is similar to the small posture, and the operation of residents during normal rest hours is considered disturbing. The allowable time for decoration is concentrated from 7 a.m. to 12 p.m. and from 2 p.m. to 7 p.m.

3. From 11 p.m. to 7 a.m. the next day, if the decibel is higher than 80 decibels, it is a disturbance.

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: "Property Management Regulations" Article 2 The term "property management" in these Regulations refers to the activities of the owners 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.

Legal basis: Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution Article 61 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.