Attribute coordination noise problem

Property can mediate and handle noise neighborhood disputes according to the Law on the Prevention and Control of Environmental Noise Pollution and the Civil Code. Of course, according to the provisions of the Civil Procedure Law, the adjustment needs to abide by the principle of voluntariness. If one party is unwilling to mediate, the property shall not force mediation activities.

1. How does the property handle noise neighborhood disputes?

Property can mediate and handle noise neighborhood disputes according to the Law on the Prevention and Control of Environmental Noise Pollution and the Civil Code. The specific provisions are as follows:

1, Law of People's Republic of China (PRC) on Prevention and Control of Environmental Noise Pollution.

Forty-sixth when using household appliances, musical instruments or other indoor entertainment activities, the volume should be controlled or other effective measures should be taken to avoid environmental noise pollution to the surrounding residents.

2. Civil law

Article 286

Owners' related obligations and responsibilities The owners shall abide by laws, regulations and management regulations, and the related behaviors shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law.

The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages illegally, refusing to pay property fees.

If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.

Second, what kind of punishment will be imposed for making noise in violation of regulations?

People's Republic of China (PRC) Environmental Noise Pollution Prevention Act

Article 48

In violation of the provisions of Article 14 of this Law, if the facilities for the prevention and control of environmental noise pollution in construction projects are put into production or use without authorization, the competent department of ecological environment at or above the county level shall order it to make corrections within a time limit and impose fines on units and individuals; If it causes serious environmental pollution or ecological damage, it shall be ordered to stop production or use, or it shall be ordered to close after approval by the people's government with the power of examination and approval.

Article 49

In violation of the provisions of this law, refusing to report or falsely reporting the declared items of environmental noise emission, the competent department of ecological environment of the local people's government at or above the county level may give a warning or impose a fine according to different circumstances.

Article 50

Whoever, in violation of the provisions of Article 15 of this Law, dismantles or leaves idle facilities for the prevention and control of environmental noise pollution without the approval of the competent department of ecological environment, resulting in environmental noise emission exceeding the prescribed standards, shall be ordered by the competent department of ecological environment of the local people's government at or above the county level to make corrections and be fined.

Article 51

In violation of the provisions of Article 16 of this Law, the competent department of ecological environment of the local people's government at or above the county level may give a warning or impose a fine according to different situations.

Article 52

In violation of the provisions of Article 17 of this Law, enterprises and institutions that fail to complete the treatment tasks within the time limit may be fined according to the harmful consequences, or ordered to suspend business, relocate or close down, in addition to charging excessive sewage charges in accordance with state regulations.

The fine prescribed in the preceding paragraph shall be decided by the competent department of ecological environment. The people's governments at or above the county level shall decide to suspend business, relocate and close down in accordance with the authority prescribed by the State Council.

Article 53

Whoever, in violation of the provisions of Article 18 of this Law, produces, sells or imports equipment that is prohibited from being produced, sold or imported shall be ordered by the comprehensive economic department of the people's government at or above the county level to make corrections; If the circumstances are serious, the comprehensive economic department of the people's government at or above the county level shall put forward opinions and report to the people's government at the same level to order it to suspend business or close down in accordance with the authority prescribed by the State Council.

Article 54

Whoever, in violation of the provisions of Article 19 of this Law, engages in activities that produce occasional strong noise without the approval of the local public security organ shall be given a warning or fined by the public security organ according to different circumstances.

Article 55

If a unit that emits environmental noise violates the provisions of Article 21 of this Law, it refuses the on-site inspection by the competent department of ecological environment or other departments or institutions exercising the supervision and management power of environmental noise in accordance with the provisions of this Law, or practices fraud in the inspection, the competent department of ecological environment or other departments or institutions exercising the supervision and management power of environmental noise in accordance with the provisions of this Law may give a warning or impose a fine according to different circumstances.

Article 56

Where a construction unit, in violation of the provisions of the first paragraph of Article 30 of this Law, conducts construction operations that produce environmental noise pollution at night in areas where noise-sensitive buildings are concentrated in urban areas, the competent department of ecological environment of the local people's government at or above the county level where the project is located shall order it to make corrections and may also impose a fine.

Article 57

In violation of the provisions of Article 34 of this Law, if a motor vehicle fails to use the audio device in accordance with the provisions, the local public security organ shall give a warning or impose a fine according to different circumstances.

Motor vessels that violate the provisions of the preceding paragraph shall be given a warning or fined by the harbour superintendency administration according to different circumstances.

Where a railway locomotive commits the illegal act mentioned in the first paragraph, the competent railway department shall give administrative sanctions to the responsible persons concerned.

Article 58

Anyone who violates the provisions of this Law and commits any of the following acts shall be given a warning by the public security organ and may also be fined:

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

(two) in violation of the provisions of the local public security organs, organize entertainment, assembly and other activities in public places such as urban streets, squares, parks, etc., and use audio equipment to produce excessive volume that interferes with the surrounding living environment;

(3) Failing to take measures in accordance with the provisions of Articles 46 and 47 of this Law, and emitting environmental noise from the indoor environment that seriously interferes with the life of the surrounding residents.

Article 59

In violation of the provisions of the second paragraph of Article 43 and the second paragraph of Article 44 of this Law, causing environmental noise pollution, the competent department of ecology and environment of the local people's government at or above the county level shall order it to make corrections and may also impose a fine.

Article 60

Anyone who violates the provisions of the first paragraph of Article 44 of this Law and causes environmental noise pollution shall be ordered by the public security organ to make corrections and may also be fined.

If the people's governments at or above the provincial level decide in accordance with the law that the competent department of ecological environment of the local people's governments at or above the county level shall exercise the power of administrative punishment as stipulated in the preceding paragraph, such decision shall prevail.

Article 61

Units and individuals that are harmed by environmental noise pollution have the right to ask the perpetrators to eliminate the harm; If losses are caused, compensation shall be made according to law.

Disputes over the liability for compensation and the amount of compensation may, at the request of the parties, be settled through mediation by the competent department of ecological environment or other departments and institutions for the prevention and control of environmental noise pollution; If mediation fails, the parties may bring a lawsuit to the people's court. The parties may also directly bring a suit in a people's court.

Article 62

Environmental noise pollution prevention and control supervision and management personnel abuse their powers, neglect their duties, engage in malpractices for selfish ends, and shall be given administrative sanctions by their units or the competent authorities at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law.

Noise is an immeasurable infringement between adjacent buildings. After disputes such as noise occurred before the owners, the property can only play the role of mediation. If the mediation is unsuccessful, the noise made by one owner has seriously affected the normal life of others, and you can also call the police at this time.