In the state Duma a bill that proposes to make landlords financially and administratively responsible for causing annoyance to neighbours, even if the blame for all their guests or tenants. For the violation of silence at night too.
a Bill to Supplement the Housing code with a new article entitled “Obligation to respect the rights of neighbors in apartment buildings” signed by group of deputies-United Russia. Now, according to the explanatory note, the owners of apartments or non-residential premises can either take them or settle them as their relatives, friends or workers-repairmen. If the citizens who are renting an apartment, and even equip in non-residential premises shop or hostel, noisy at night and otherwise poison the lives of the neighbors, no obligation for this reason the owner does not arise. To bring the immediate perpetrators to justice does not work: as a rule, the identity of the perpetrators to the victims is not known, and to appeal to the court of the right set of information to determine who is the defendant.
Even worse, continues the explanatory note to the bill, obtained in the case when the tenant of the premises in the house, or guest of the owner into the apartment downstairs, or cause other material damage to their property in the process of repairs. Now according to the law to respond in such cases should the person who caused the harm, and the owner does nothing. Even more difficult situation with non-residential premises. “Judicial practice in such cases is zero, because the law does not spelled out,” – said “MK” one of the authors, Deputy head of the Committee on housing Paul Kachkaev (“ER”). He noted that “only where it has something is working in Moscow, but also regional standards to face Federal.” That is why, said the MP, it is proposed to prescribe General rules.
These General rules in the case of the bill are as follows: the owner of the apartment or premises shall be jointly liable with was in his apartment the culprit of causing material damage to the property of neighbors or the common property in the house. Paying, the owner has the right to claim compensation costs from the violator (if the advance will prescribe the appropriate condition in the lease, of course).
Who will pay for damages if the apartment is in social hiring and the owner of it is a municipality? The bill’s reservations on this score is not done. One of the authors of the first Deputy head of Committee on housing and communal services Sergey Pakhomov (“ER”) in conversation with “MK” acknowledged that “the question is moot and will be refined for the second reading,” but his personal opinion is that “if the apartment in social hiring, the answer hasn employer”.
And for the violation of silence someone from the “made in space” (those recognised any not owners) also proposed fining the owner. Liability in this case will occur according to the bill, for “committing actions that result in the sounds the source of which is residential or non-residential premises, clearly audible outside of the premises, or vibration, the source of which is residential or non-residential premises, clearly beyond”. Punishable only “sounds, the source of which is ordinary human life”, namely “a child crying, the sound of water in engineering systems, the sound of steps during normal walking and other” noise, the cause of which were emergency or rescue work.
disturbing the peace is unacceptable, “night time” and the time intervals during which noise is impossible, then its laws will establish the regions.
Answering the question “MK” on how to be to inhabitants of houses, where the partitions provide minimal noise and where you can hear almost any power sounds from neighboring areas, Mr. Pakhomov has admitted that “difficult question”, but “the current regulation does not work, complains a lot, and the ostrich position to take on impossible”. According to him, the second reading will be done on all sentences “into something palatable,” because “controversial topics very much.”
by the Way, administrative responsibility of the authors promise to the owner of residential or non-residential premises in the event of systematic (more than 2 times within one month) violations spelled out in the LCD rules. But these violations then have to be officially recorded.
Now the Federal administrative code, there generally is no liability for breach of silence. But it will appear in the new code of administrative offences, the draft of which is now being prepared (one of the options proposed to punish with fines of 1-2 thousand rubles noise from 23.00 to 7 am).
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