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Authoritative Interpretation of the Noise Protection Guide for the 6:30-21:00 Hour Period
Recently, residents in many areas have complained about noise pollution outside of nighttime hours: neighbors' electric drills running from 6:30 AM to 9 PM, shops blasting loudspeakers on a loop, and deafening music from square dancing in their neighborhoods... Many people mistakenly believe that “noise pollution is legal as long as it’s not late at night,” but this is not the case! Chinese law clearly stipulates that exceeding decibel limits is illegal, regardless of day or night . This article will combine legal provisions with real data to teach you how to protect your rights legally.
I. Legal Red Line: There are also legal standards for daytime noise.
1. National Level: The 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 disturb the normal lives of others. Noise limits for residential areas :
- Daytime (6:00-22:00) : ≤55 decibels
- Nighttime (22:00-6:00) : ≤45 decibels
- The above areas are mainly residential and educational institutions (Class 1 acoustic environment functional areas); the standards for other areas are different.
- (Note: Decibels are based on monitoring by environmental protection departments. The sound of normal conversation is about 60 decibels, and the sound of an electric drill is about 90 decibels.)
- Administrative penalties are stipulated in Articles 81-87 of the Noise Pollution Prevention and Control Law and Article 58 of the Public Security Administration Punishment Law :
- Violating regulations and refusing to correct them:
- Individuals : First-time offenders will be warned; those who refuse to correct their behavior will be fined 200-500 yuan.
- unit :
- Those who fail to take noise reduction measures will be fined between 5,000 and 50,000 yuan;
- Those who refuse to rectify the situation will be fined between 50,000 and 200,000 yuan and may be ordered to cease operations.
2. Detailed local regulations (taking Beijing and Shanghai as examples)
- Beijing : Beijing Municipality Environmental Noise Pollution Prevention and Control Measures
- Decoration and construction : Noisy work is prohibited on statutory holidays and weekdays from 12:00 to 14:00 and from 18:00 to 8:00 the next day.
- Square dancing : The use of sound equipment is prohibited after 21:00 every day, and the volume during the day must not exceed the area limit.
- Shanghai : Shops and restaurants are prohibited from using loudspeakers outdoors to attract customers, with violators facing a maximum fine of 5,000 yuan.
3. The Civil Code provides support
- Article 294 (Improper Disputes): Unauthorized noise emissions are prohibited. Victims may demand cessation of the infringement and compensation for their losses.
II. Authoritative Data: Daytime Noise is a Major Source of Complaints
According to statistics from the Ministry of Ecology and Environment in 2023:
- Percentage of noise complaints nationwide :
- Social noise: 58% (mainly from square dancing, renovations, and shop loudspeakers)
- Construction noise: 23%
- Traffic noise: 15%
- Daytime complaints : Over 70% of noise disputes occur between 8:00 and 20:00.
- Typical Case :
- A resident in a Hangzhou community was ordered by the court to pay 2,000 yuan in damages for emotional distress after his neighbor's electric drill made excessive noise at 7 a.m. during renovations. This was based on environmental testing.
- A shopping mall in Shenzhen was fined a total of 12,000 yuan by the urban management department for exceeding the permitted volume of outdoor speakers during the day.
III. Four Steps to Protect Your Rights: Scientific Evidence Collection and Legal Resolution
1. Initial consultation
- Prioritize communicating with the noise producers to clarify legal standards (such as providing decibel limits).
- Mediation was conducted through the intervention of property management and neighborhood committees.
2. Professional certification
- Self-testing : Record a video using the "Decibel Detection APP", which must include the time, location, and decibel value;
- Official testing : Call the 12369 environmental hotline to request on-site monitoring and a report from the environmental protection department.
3. Administrative complaints
- Channels : 12345 citizen hotline, 12369 environmental protection complaint platform, local government affairs APP (such as "Suishenban");
- Requirements : Provide the type of noise, the time of occurrence, and testing evidence; rectification is required within a specified period.
4. Legal proceedings
- If the problem remains unresolved after filing a complaint, you can file a lawsuit in court, claiming "cessation of infringement + compensation for losses";
- Case reference: In 2023, a resident of Jiangsu Province was compensated a total of 6,800 yuan for medical expenses and mental distress due to excessive daytime noise from shops downstairs.
IV. Government Action: Technology-Enabled Precise Noise Control
- Intelligent monitoring : Cities such as Beijing and Guangzhou are piloting "noise maps" to monitor key areas in real time;
- Rapid response : Shanghai's "One Network Management" platform requires noise complaints to be handled on-site within 2 hours;
- Source control : Many places are promoting "quiet decoration" techniques to reduce construction noise during the day.
Conclusion: The right to tranquility is inviolable; joint governance by all citizens is key.
Noise pollution is no small matter, even during the day! The government has "zero tolerance" for illegal noise pollution, but its control requires the participation of all citizens. If you are troubled by noise, please preserve evidence and file a complaint according to the law to jointly protect our beautiful living environment.
Share this message to remind those around you: exceeding 55 decibels is illegal!
-Data source: Ministry of Ecology and Environment, "2023 China Environmental Noise Pollution Prevention and Control Report"
Released in October 2023