What should I do if I want to be quiet?There are "laws" in prevention and treatment of noise pollution
Author:Tianjin Senior People's Court Time:2022.09.20
The heating season in the north is coming
But some community heating equipment
Unreasonable noise produces noise
How should the noisy residents defend their rights?
Detailed case
Old horses living in a community will be noisy in the basement during the heating period. He had failed to communicate with the developer and heating company several times. He reluctantly filed a lawsuit with the court, requesting developers and heating companies to eliminate noise and compensate for corresponding losses.
After the case is accepted
Whether the parties hold the word if the noise exceeds the standard
The house involved in the identification and confirmation of the house does exceed more than
The noise standard of class A room (residential building)
Although the facts of the case have been found
But how to judge makes the judge "commit difficult"
"Eliminate the impact of noise on houses"
It is the core appeal of Lao Ma
But only the second defendant eliminates the noise
There may be negative performances
It is difficult to achieve even through forced execution
Therefore
In order to truly achieve the purpose of fixed scores and safeguard legitimate rights and interests, the court decided that the second defendant should take corresponding measures to eliminate the impact and noise reduction within 60 days after the legal effect of the judgment. The standard compensates the old horse, and the burden ratio is determined to be 7: 3 according to the reason for the force.
In addition, if you take corresponding measures, you cannot effectively meet the noise. Old horses can also ask developers to repurchase the house involved in the case, and claim their rights according to law.
Noise pollution is the most environmental infringement case in daily life. When a lawsuit is carried out, it must first prove that the noise does exceed the standard of a certain regulation, and this non -human ear can judge Appraisal is almost an indispensable link.
In such cases, the impact of eliminating noise must be the effect that each plaintiff wants to achieve the most. In this regard, the plaintiff can scientifically adjust its claims and compensate the defendant to perform in time in a timely manner.
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