What to do about daytime noise nuisance? The law is clear: exceeding decibel levels is illegal!

Authoritative interpretation of the noise rights protection guide between 6:30-21:00

Recently, residents in many areas have reported noise disturbances outside of late night hours: neighbors' renovation drills blaring from 6:30 a.m. to 9 p.m., shops' loudspeakers playing on a loop, and neighborhood square dance music blaring... Many people mistakenly believe that as long as it's not late at night, noise is legal. This is not the case! Chinese law clearly stipulates that exceeding the decibel limit is illegal, regardless of day or night . This article combines legal provisions with real-world data to help you protect your rights.

1. Legal red lines: There are also statutory standards for daytime noise

1. National level: Law of the People's Republic of China on the Prevention and Control of Noise Pollution

Commercial operations, cultural and sports activities, interior decoration and other activities must not interfere with the normal lives of others. Noise limits in residential areas :

• Daytime (6:00-22:00) : ≤55dB
• Nighttime (22:00-6:00) : ≤45dB
• The above areas are mainly residential and cultural and educational areas (Class 1 acoustic environment functional areas). The standards for other areas are different.
• (Note: The decibel value is based on monitoring by the environmental protection department, which is approximately 60 decibels for a normal conversation and 90 decibels for an electric drill)
• Administrative Penalties Articles 81-87 of the Noise Pollution Prevention and Control Law and Article 58 of the Public Security Administration Punishment Law :
• Violation of regulations and refusal to correct:
• Individuals : First-time offenders will be given a warning, and those who refuse to correct their behavior will be fined 200-500 yuan;
• unit :
• Failure to take noise reduction measures will result in a fine of 5,000 to 50,000 yuan;
• Those who refuse to correct the problem will be fined between 50,000 and 200,000 yuan and may be ordered to suspend business.

2. Local detailed regulations (taking Beijing and Shanghai as examples)

• Beijing : Beijing Municipal Environmental Noise Pollution Prevention and Control Measures
• Renovation construction : Noisy operations are prohibited during statutory holidays, working days from 12:00-14:00, and 18:00-8:00 the next day.
• Square dancing : The use of audio equipment is prohibited after 21:00 daily, and the volume must not exceed the regional limit during the day.
• Shanghai : It is clearly stated that shops and restaurants are not allowed to use speakers outdoors to attract customers. Violators will be fined up to 5,000 yuan.

3. Support from the Civil Code

• Article 294 (Intangible harm): Illegal noise emission is prohibited, and victims may demand cessation of the harm and compensation for losses.

2. Authoritative data: Daytime noise is the most common complaint area

According to the statistics of the Ministry of Ecology and Environment in 2023:

• The proportion of noise complaints nationwide :
• Social life noise: 58% (mainly square dancing, renovations, and shop loudspeakers)
• Construction noise: 23%
• Traffic noise: 15%
• Number of complaints during the day : More than 70% of noise disputes occur between 8:00 and 20:00.
• Typical cases :
• A resident of a Hangzhou residential complex was ordered by the court to pay 2,000 yuan in compensation for emotional distress because the noise from his neighbor's electric drill, which was used at 7 a.m. for renovations, exceeded the standard. After testing by the environmental protection department, the court ordered a resident to pay 2,000 yuan in compensation for emotional distress.
• A shopping mall in Shenzhen was fined a total of 12,000 yuan by the urban management department for exceeding the volume limit of outdoor audio equipment during the day.

III. Four steps to safeguard rights: scientific evidence collection and legal resolution

1. Preliminary consultation

• Prioritize communication with noise makers to clarify legal standards (e.g., providing decibel limit regulations);
• Mediation is carried out through property management and neighborhood committee.

2. Professional Evidence Collection

• Self-test : Use the "Decibel Detection App" to record a video, including the time, location, and decibel value;
• Official testing : Call the environmental protection hotline 12369 and request on-site monitoring and a report from the environmental protection department.

3. Administrative Complaints

• Channels : 12345 citizen hotline, 12369 environmental protection reporting platform, local government apps (such as "Suishenban");
• Requirements : Provide noise type, occurrence time, detection evidence, and require rectification within a specified time limit.

4. Legal proceedings

• If the problem is still not resolved after filing a complaint, you can file a lawsuit in court and demand "stop the infringement + compensation for losses";
• Case reference: In 2023, a citizen in Jiangsu was awarded compensation for medical expenses and mental damages totaling 6,800 yuan because the noise level from the shop downstairs exceeded the standard during the day.

IV. Government Action: Technology Empowers Precise Noise Control

• Smart supervision : Cities such as Beijing and Guangzhou are piloting "noise maps" to monitor key areas in real time;
• Quick response : Shanghai's "One Network Management" platform requires noise complaints to be handled on-site within 2 hours;
• Source prevention and control : Many places promote the "quiet decoration" technology to reduce daytime construction noise.

Conclusion: The right to tranquility must not be violated, and public governance is the key

Noise is no small matter, even during the day! The government has a zero-tolerance policy for illegal noise, but addressing it requires public participation. If you encounter noise disturbances, please keep evidence, file a complaint according to the law, and work together to protect our beautiful living environment.

Forward to remind people around you: if the noise level exceeds 55 decibels, it is illegal!

--Data source: Ministry of Ecology and Environment, "2023 China Environmental Noise Pollution Prevention and Control Report"

Released in October 2023