1, recording noise directly;
2. Record the dialogue between the two parties in the negotiation process (fix the evidence that the other party admitted to making noise);
3. Require the property to issue a certificate;
4. The most likely evidence is to find a qualified unit to carry out noise monitoring, prove that it exceeds the standard according to regulations, and then sue. However, the cost is quite high. The cost of noise measurement can be thousands a night, and the compensation is likely to be very limited. It is likely that the compensation measured in one day is not enough to monitor.
The decibel level of noise nuisance is as follows:
1, special quiet areas such as rehabilitation and recuperation areas: 50 decibels;
2. The main functions of residential buildings, medical and health care, culture and education, scientific research and design, and administrative office buildings and the areas that should be kept quiet: 55 decibels; 3. Residential areas with commercial finance and fair trade as the main functions, or mixed residence, commerce and industry, which need to be kept quiet: 60 decibels. The noise generated by upstairs residents interferes with normal rest and affects the life, psychology and body of the parties, which is a civil tort. If the person who makes the sound is a minor, his caregiver shall bear civil liability and can solve it through civil litigation. First, collect evidence to prove how they disturb the people, including audio and video recordings and witness testimony.
Whether another noise standard is large enough needs to be proved, because the volume is expressed in decibels, and this kind of evidence is needed to reach 70 decibels or above 80 decibels. It can be monitored by the environmental protection department or notarized by the notary department. The second is to file a lawsuit with the court, then the dialectical process, and finally the sentencing process, and you can ask the other party to compensate for mental losses. However, this kind of dispute is first resolved through consultation, because it is difficult for the parties to prove how much damage the noise upstairs has caused them, and it is also difficult to get compensation, and the litigation cost is very high. Even if the judgment is made, the execution still depends on consultation, because it is difficult or even impossible for the court to execute such cases.
Legal basis:
People's Republic of China (PRC) Public Security Administration Punishment Law
Fifty-eighth violation of laws and regulations on the prevention and control of noise pollution in social life, making noise to interfere with the normal life of others, be warned; If no correction is made after warning, a fine ranging from 200 yuan to 500 yuan shall be imposed. Seventy-fifth animals, interfere with the normal life of others, given a warning; Those who fail to correct after warning, or allow animals to intimidate others, shall be fined from 200 yuan to 500 yuan. Whoever drives away animals to harm others shall be punished in accordance with the provisions of the first paragraph of Article 43 of this Law.