Job Recruitment Website - Property management company - Upstairs deliberately made noise, and repeated door-to-door communication with the property was invalid. What should I do? Am I really going to be noisy and angry again?
Upstairs deliberately made noise, and repeated door-to-door communication with the property was invalid. What should I do? Am I really going to be noisy and angry again?
Legal analysis
If communication fails, you can choose to complain to the neighborhood Committee or the property management agency, and the third party agency will mediate to solve the noise problem; If the noise is serious and reaches the national legal standard of a certain decibel, you can report it to the public security organ and impose administrative punishment on it. If noise pollution has caused certain damage, you can bring a civil tort lawsuit to the court to safeguard your legitimate rights and interests. 10 is a nuisance from night to 6 am, so you can call the police. When people are troubled by noise problems, they can first ask relevant testing institutions with national qualifications to carry out systematic and scientific testing on environmental noise or indoor noise. After obtaining a legally binding test report, if it is found that the noise really exceeds the standard. You can complain to the property management company or the local department specializing in noise pollution control. The environmental protection department will deal with the noise exceeding the standard according to the national environmental protection standards and relevant laws. Defend your rights.
legal ground
Article 58 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment violates the legal provisions on the prevention and control of noise pollution in social life and creates noise to interfere with the normal life of others, giving a warning; If no correction is made after warning, a fine ranging from 200 yuan to 500 yuan shall be imposed.
People's Republic of China (PRC) Environmental Noise Pollution Prevention Act
Sixty-first 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 60 Whoever 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.
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