Residents of an apartment building approached the Prykhodko & Partners Law Firm with a request to help resolve a problem with a fitness club located in one of the premises of their building. The room where the fitness club was located did not meet the necessary requirements of the DBN from the very beginning and was not adapted for sports.
The activities of the fitness club systematically, every day, from morning to evening, disturbed the peace of the residents of the house and their right to silence at home, loud training and loud musical accompaniment of these trainings. Any attempts of the residents of the house to solve this problem on their own, through negotiations with the owner of the fitness club ended in vain, they were simply ignored.
The problem of this case was the systematic violation of the law by the entrepreneur and the unwillingness to compromise, as well as the lack of a clear mechanism for resolving this problem. Usually, the victims call the police, the police make a decision on an administrative offense and after its preparation the offense continues. Also, only one appeal to the court, police or local government is unlikely to resolve the issue, so we need a set of actions aimed at working in three directions, namely: in court, law enforcement and local government.
Settlement of the issue
- First, it is necessary to apply to the Main Department of the State Food and Consumer Service in Kyiv regarding the excess of permissible noise levels in residential premises;
- According to the relevant request, the State Food and Consumer Service should instruct the Kyiv City Laboratory Center of the Ministry of Health of Ukraine to conduct appropriate noise load studies regarding its admissibility to the State Sanitary Standards of Permissible Noise Levels in Residential and Public Buildings and Residential Buildings. », Approved by the order of the Ministry of Health of Ukraine №463 from 22.02.2019 for daytime .;
- It is also necessary to submit to the police a statement on the commission of an administrative offense under Part 1 of Art. 182 Code of Ukraine on Administrative Offenses;
- Initiate the recording by employees of the State Institution “Kyiv City Laboratory Center of the Ministry of Health of Ukraine” of repeated exceeding of noise limits by the enterprise;
- Victims must apply to the court with a complaint, according to Art. 221 Code of Ukraine on Administrative Offenses concerning the repeatedly committed administrative offense on signs of h. 2 Art. 182 Code of Ukraine on Administrative Offenses;
- Apply to the district state administration in Kyiv, outlining all the circumstances of systematic offenses, adding the relevant evidence obtained by implementing the measures described in the previous paragraphs, with a request to initiate the termination of economic activity of a systematic offender.
Solving the described problem requires special knowledge and certain actions, so it is better to trust the professionals.
Author: Vladimir Pipko