Conflict with neighbors: what to do in violation of silence, smoking in the stairwell or flooding
The situation № 1. If the neighbors are noisy at night
Renovated apartment, cheerful feast, loud music, restless pets - all of which can lead to a violation of article of the Administrative Code. Not always, but in the night - in the period from 22 to 9 am.
What to do if you encounter one of these situations? First of all, express your displeasure verbally ask, for example, to suspend the repair work until the next business day. If, after oral requests noise dies down, in this case, cannot do without the help of law enforcement services.
According to Article 437 of the Administrative Code of the Republic of Kazakhstan "Violation of Silence": Violation of silence from 22 to 9 am, including carrying out work in and out of the home, accompanied by noise that is not related to an urgent need, hindering the normal rest and tranquility of individuals, as well as violation of silence by entertainment establishments located in residential buildings and on residential development territories, from 22 to 9 am on weekdays, from 23 to 10 am on weekends and holidays-entails a fine for individuals in the amount of 5, for small businesses or non – profit organizations-in the amount of 20, for medium-sized businesses – in the amount of 30, for large businesses-in the amount of 100 MCI (MCI index).
The same action committed repeatedly within a year after the imposition of an administrative penalty-entails a fine of 10 for individuals, 40 for small businesses or non – profit organizations, 60 for medium – sized businesses, and 150 MCI for large businesses.
You have the right to contact the police by calling from a landline phone at the number 102, mobile 112, and call the local inspector. The inspector shall have the right to examine such cases on administrative offenses under p. 2 of the Art. 685 of the Administrative Code (the Code of Administrative Offences) RK and impose administrative sanctions on behalf of Internal Affairs.
The situation № 2. If the neighbors smoke on the landing
From July 7, 2020 came into force the Code "On people's health and the health care system", providing protection of Kazakhstanis from passive smoking in public places.
Passive smoking (involuntary smoking) - inhalation of ambient air contained therein smoking tobacco products by other people, usually indoors.
A lit cigarette during their "short life" is the source of the side stream smoke (apart from the main stream, enjoyed smokers), which acts on others who were forced to passive smoking and inhalation of harmful substances.
When smoked 25% of the harmful substances smoke cigarette burned, 25% smoker absorbs 50% of the indoor air poison.
According to Art. 110 p. 5 sub-paragraph 10 of the Code on health and the system of Health - smoking is forbidden in the doorways of houses, as well as in educational institutions, organizations for the rest of minors, health care organizations, public feeding, cinemas, theaters, circuses, concert, viewing and exhibition halls, sports arenas, places intended for public recreation, including night clubs, discos, museums, libraries, lecture halls, trains and ships of sea and river transport, on board an aircraft in interiors of buses, vans for the transport of passengers, trolley buses, taxis and urban rail transport, buildings, airports, rail, road and water stations, government agencies and organizations in the areas that are the jobs.
Fine, according to Art. 441 of the Administrative Code of the Republic of Kazakhstan, is 15 MCI.
Smoking made repeatedly during the year after the imposition of an administrative penalty - subject to a fine of 25 MCI.
Verification of smoking is assigned to the internal affairs bodies, so in case of violation you can contact the district inspector in the local police department with the appropriate application.
The situation №3 . If the neighbors have flooded apartment
You flooded the upstairs neighbor, what to do? Yellow spot, with crumbling plaster ceiling, have become unusable wallpaper - these are just a few unpleasant consequences. To the owners of premises in such cases raises a double problem, because in addition to unscheduled repairs necessary to start the process to recover compensation from the neighbors, though to collect money from the perpetrators of the flood is quite hard. What to do, and whether you can get an adequate amount of compensation, at least to some extent reflect the real damage?
In practice, neighbors hard to come to resolve the issue peacefully, and a point in the dispute usually puts the court.
Necessary to fix the damage caused to the "on paper", i.e. you can call the employee appraisal company, which will make the act of sinking. Preparation of the report on the sinking - this is probably the most important stage of the struggle for the restoration of their property. With this document, you have the right to go to court.
According to Article 917 p. 1 of the Civil Code of the Republic of Kazakhstan: Harm (property and (or) non-property) caused by illegal actions (inaction) of a property or non-property rights and benefits of citizens and legal persons shall be compensated by the tortfeasor in full.
But if suddenly neighbor to prove that the injury occurred not due to his fault, that he be released from his compensation. Therefore, you have to find the root cause of your troubles and recover from the damage has already been the culprit.
The situation № 4. If the neighbors 'rent' apartment
By law, the right to property means and the disposition of their property. Every apartment owner has the right to lease it. The law requires in this case from the Host only mandatory registration as an individual entrepreneur and paying tax on profits.
If the neighbors rent an apartment illegally, something about this fact you can report to the tax office. According to Art. 275 of the Administrative Code of the Republic of Kazakhstan "Hiding objects of taxation":
- Hiding the taxpayer taxable items - subject to a fine on individuals, subjects of small entrepreneurship or non-commercial organizations, on subjects of medium entrepreneurship, on subjects of large entrepreneurship - in the amount of 200 % of the amount of taxes and other obligatory payments to be paid on the hidden object taxation.
- Actions (inaction), provided the first part of this article committed repeatedly within a year after the imposition of an administrative penalty - entail fine on officials in the amount of 50 MCI for individuals, individual entrepreneurs and legal entities - 300 % of the amount of taxes and other obligatory payments to be paid on the hidden object of taxation.
If the apartment tenants violate peace of the citizens living in the house, then the aggrieved party may file an application for offenders to the police.
The situation № 5. If the neighbor is doing an addition or a private business in the apartment
If your neighbor has decided to make an addition or open a private business in his apartment, on the basis of the Law "On Housing Relations" he must follow the requirements of:
- Non-residential premises must be isolated from residential areas and have no public input (output).
- The use of the dwelling should not lead to its destruction or damage, disturb other tenants living conditions, causing damage to the environment.
- Improvement and redevelopment of residential and non-residential premises in a building is possible with consent of premise’s owner and in presence of project made by physical or legal body carrying responsibility for the compliance of the project with construction norms and rules. Non-residential premises should be isolated from the residential premises and do not have a common entrance (exit). Compliance of the project with obligatory requirements is approved under the statutory procedure of the Republic of Kazakhstan by the authorized body for architecture, town planning and construction.
Responsibility for compliance with the design work performed for the conversion and redevelopment of the premises is the owner and the contractor in accordance with the laws of the Republic of Kazakhstan.
- If you change (conversion, remodeling) buildings (apartments) Requiring the consent of at least two-thirds of the owners of the premises (apartments) residential building required in the following cases:
- changes affect the load-bearing structures;
- changes affect the common property.
In case when above-mentioned changes touched interests of owners of other premises (parts of the house), adjoined with changing premises (parts of the house) only it is required a receipt of consents of only indicated people.
For the legal effects of a neighbor you can contact the Office of the State Architectural Control District Office or the Prosecutor's Office.
In accordance with the provisions of paragraph 1 of Article 25 of the Law "On architectural, urban planning and construction activities in the Republic of Kazakhstan", deciding on the construction, expansion, modernization, modernization, renovation (redevelopment, conversion, reshaping), restoration and refurbishing of buildings, buildings, structures, utilities, and transport and communications, as well as land development, beautification and landscaping, conservation of buildings (objects) is the responsibility of the Akimat.
According to Article 319 of the Administrative Code:
Illegal construction of industrial, residential, commercial, hydro (water) or household objects without the corresponding land rights - subject to a fine with forced demolition of illegal buildings or without such:
1) to individuals in size – equal to 10-15 MCI;
2) to the officials, entrepreneurs, legal entities of small and medium-sized enterprises – equal to 30 MCI;
3) to legal entities of medium businesses - at a rate of 50 MCI;
4) to legal entities of large businesses - at a rate of 200 MCI.
Last update: 12.05.2021