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The new regulations on residential noise mainly refer to the "Noise Pollution Prevention and Control Law of the People's Republic of China" (hereinafter referred to as the "New Law") which will be officially implemented on June 5, 2022.
This is undoubtedly a landmark innovation in China's noise pollution prevention and control. The new law addresses residential noise issues with comprehensive, systematic, and rigorous regulations, primarily improving the living environment in the following areas:
I. Core Content of the New Regulations (Key Points Related to Residential Properties)
1. Clarifying the definition of noise pollution (a fundamental breakthrough)
The new law defines: "Noise pollution" refers to the phenomenon of exceeding noise emission standards or generating noise without taking prevention and control measures in accordance with the law, and interfering with the normal life, work and study of others.
Significance: For the first time, behaviors that "fail to take prevention and control measures" and cause interference are included in the scope of pollution (such as skipping rope upstairs, and renovating late at night without sound insulation mats). Even if the noise value does not exceed the standard, people can still be held accountable.
2. Focus on four types of residential noise and provide targeted treatment:
Indoor activity noise (neighborhood noise):
It is explicitly prohibited to carry out family entertainment, decoration, fitness and other activities in residential buildings that have been completed and delivered for use and generate noise that interferes with the normal lives of others.
Key control: Noisy renovation work is prohibited at night (22:00 to 6:00 the next day) and all day on statutory rest days and holidays (except for special circumstances such as emergency rescue).
Facility and equipment noise:
The installation location and sound insulation and noise reduction measures of shared facilities and equipment such as elevators, water pumps, transformers, central air conditioners, and ventilation systems must comply with regulations, and developers/properties are required to maintain them regularly.
Newly built houses: The acoustic environment conditions and sound insulation design must be made public before sale and included in the sales contract.
Noise in outdoor public places:
Regulations stipulate that entertainment, gatherings, and other activities in public places such as streets, squares, and parks must comply with regional volume limits and prohibit the use of high-pitched loudspeakers. The use of directional speakers is promoted to control the spread of noise from square dancing and other activities.
Construction noise:
Nighttime construction work will be strictly restricted (except for special processes requiring continuous operation), and construction units will be required to notify nearby residents. Key supervision: Projects near residential areas.
3. Strengthening responsible entities and management mechanisms:
Clarify the responsibilities of all parties:
Individuals/families: Limit the noise from your own activities and use household appliances, musical instruments, etc. reasonably.
Property service providers: New statutory responsibilities: They need to formulate noise management conventions, promptly dissuade and mediate neighborhood noise disputes, and report those who refuse to heed dissuasion to law enforcement agencies.
Developer: Ensure that the building sound insulation design meets the standards and publicize the sound environment information.
Managers of public places: Responsible for monitoring noise from activities in the area.
Construction units: Implement noise reduction measures and limit nighttime construction.
Establish a "classification management + key period supervision" model:
Special clauses are formulated for different noise sources (industry, transportation, construction, and social life), and emphasis is placed on supervision at night and on weekends.
4. Reduce the cost of rights protection and increase penalties:
Optimized burden of proof: The complainant only needs to provide preliminary evidence (such as audio and video recordings, property records), and the law enforcement agency or the court can require the noise producer to prove that the noise has not exceeded the standard/did not cause interference.
Penalty upgrade:
Individuals who violate regulations (such as renovating late at night or disturbing neighbors with noise) may be fined up to 1,000 yuan (those who refuse to correct the behavior will be fined continuously on a daily basis).
If an organization violates the regulations (such as property management failing to perform its duties or businesses using loudspeakers outside), it may be fined up to 200,000 yuan, and in serious cases, it may be ordered to suspend business.
Include noise violations in social credit records.
Support for public interest litigation: Procuratorates are allowed to bring public interest litigation against noise pollution.
2. Main noise types improved
1. “Upstairs and downstairs” neighborhood noise:
Moving furniture, running and jumping, practicing musical instruments, and going to home KTV late at night.
Key issues to address: Sounds of electric drills and wall-breaking during renovations at night and on weekends.
2. Low-frequency noise from public facilities:
Elevator operation vibration, water pump hum, transformer resonance.
3. Noise in community public spaces:
The noise from square dance loudspeakers, open-air commercial performances, and night barbecue stalls.
4. Construction noise around residential areas:
Noise from dump trucks, concrete pouring, and pile drivers at night.
5. Noise from daily equipment:
Vibration of the air conditioner outdoor unit and sound transmission through the range hood duct (reasonable installation required).
III. Substantial Assistance to People's Livelihoods
1. The “right to quiet” becomes a legal right:
The new law for the first time includes "maintaining public tranquility" in the legislative purpose, confirming citizens' right to a quiet living environment from a legal perspective and providing a fundamental basis for safeguarding their rights.
2. Solve the dilemma of “no way to file complaints”:
Clarify the law enforcement departments: the public security organs are responsible for social noise (such as neighbors and pets barking), the ecological environment department is responsible for industrial construction noise, and the urban management department is responsible for noise in public places, ending the phenomenon of shirking responsibility.
Legalization of property management responsibilities: The property management changes from a "peacemaker" to a binding manager, and if mediation is ineffective, it can be directly reported to law enforcement.
3. Lowering the threshold for rights protection:
Mobile phone recordings and videos can be used as preliminary evidence without the need for expensive professional testing; the "reversal of the burden of proof" allows those who disturb the public to prove their innocence, solving the problem of "difficulty in obtaining evidence."
4. Preventing residential noise at the source:
Developers are shifting their responsibilities forward: requiring them to publicly disclose sound insulation designs, which in turn forces them to improve the quality of real estate projects (such as thickening floor slabs and soundproofing windows).
Facility noise control: Reduce long-term problems caused by design defects in elevators and water pumps.
5. Strong support during key periods:
Strictly limit nighttime construction and renovation to ensure that residents’ core rest time (especially the elderly, infants, and patients) is not disturbed.
6. Community civilization construction:
Through regulations, we can control the volume of square dancing, standardize activities in public places, balance entertainment needs with residential tranquility, and reduce neighborhood conflicts.
Summary: The core value of the new regulations
The revision of the Noise Pollution Prevention and Control Law represents a shift from treating the symptoms to addressing the root causes.
✅ Source prevention and control (building sound insulation design),
✅ Strict process control (time-based and classified control),
✅ Responsibility is assigned to individuals (covering everyone from individuals to units),
✅ Rights protection empowerment (optimization of evidence + upgrade of penalties)
It systematically guarantees the people's needs for "quiet and livable" living and effectively improves their sense of happiness and health levels in living.
Especially in densely populated urban communities, the new regulations provide a legal weapon to resolve "noise conflicts" and promote the formation of a civilized living environment of "active noise reduction and legal rights protection."