It may take some time to improve the system, but if you are unfortunately disturbed by the noise of the water pump, we first suggest that you find a qualified acoustics professional organization (such as the noise department of the environmental protection department). ) Do an environmental test in room acoustics at home. The reason why qualified professional acoustic institutions are particularly emphasized here is that only the test reports issued by these professional institutions with national acoustic testing qualifications have legal effect, and the data obtained from the test can provide legal basis for the owners' subsequent rights protection. The above detection of pump noise and room acoustics environment is to confirm whether the environment where you live is really disturbed by noise. When the test report proves that the noise of the water pump really exceeds the standard, the owners who are deeply troubled by the noise can take up legal weapons and resolutely safeguard their legitimate rights and interests. First consult the property management department of the property. If the property owner ignores it or the effect is not obvious, he will file a lawsuit according to the test report and claim the physical and mental damage caused by noise pollution from the developer or the property owner. The following is a case in which the owner solved the problem of pump noise disturbing the people through legal rights protection: in the first half of 2006, Mr. Luo bought a commercial house on the first floor of a real estate and moved in in the second half of the same year. After checking in, he found that he often heard the hum in the room, which appeared frequently at night, sometimes even like the roar from the airport. After investigation, Mr. Luo found that the noise came from the water pump placed in the basement on the first floor. Mr. Luo has repeatedly reported to the property management company, but the property management company has not taken effective measures to reduce noise. Mr. Luo, who can't stand the noise any longer, is going to resort to legal channels to solve it.
At that time, the situation was that the community was still in the early stage of property management, and the owners' Committee had not yet been established. The property management contract is signed by the developer and the property management company, and the water pump is accepted by the property management company. Therefore, developers and property management companies should bear joint responsibility for the quality and safety of public facilities, including environmental noise disturbing people. Therefore, when Mr. Luo sued, he listed the developer and the property management company as co-defendants.
Subsequently, Mr. Luo submitted evidence materials such as real estate license, professional acoustic test report, hospital diagnosis certificate and neighbor testimony to the court.
During the trial, the judge held that the focus of the dispute between the two parties in this case was whether the sound emitted by the defendant's water pump was noise or not, and whether it caused harm to the plaintiff, and conducted a trial investigation and debate around this focus. According to relevant facts and laws, Lawyer Luo expressed the following opinions:
The noise of the water pump has seriously exceeded the standard, and the defendant should take measures to eliminate the noise. The GB 3096-2008 Acoustic Environmental Quality Standard of the Ministry of Environmental Protection stipulates the maximum limit of environmental noise in five districts of the city, in which 1 standard is applicable to areas with residential buildings, medical and health care, culture and education, scientific research and design, and administrative office as the main functions, which need to be kept quiet. 1 class standard environmental functional area noise standard limit is 55db (a) during the day and 45db (a) at night. The noise and sound insulation of residential buildings are stipulated in GB 50368-2005 Code for Residential Buildings of the Ministry of Construction. The test report shows that the noise level of this case is 46.3 decibels, and the sound source is the basement water supply pump and water tank, which has exceeded the normal standard and seriously damaged the plaintiff's health. The defendant should take corrective measures to eliminate noise. The noise of the water pump has seriously affected the health of the plaintiff and his family, and the defendant should be liable for damages. Article 124 of the General Principles of the Civil Law stipulates that those who violate the provisions of the state on environmental protection and pollution prevention and control and pollute the environment and cause damage to others shall bear civil liability according to law.
In this case, Mr. Luo was diagnosed as autonomic dysfunction by the hospital, indicating that the noise has seriously affected the plaintiff's physical and mental health and quality of life. The plaintiff and his family suffered from nervous system diseases such as irritability, inattention, memory loss and insomnia. Mr. Luo did not have the above symptoms before moving into the house, but suffered from mental illness during his residence in the house. There is a legal causal relationship between the noise pollution of the house developed by the defendant and the plaintiff's mental illness, and the defendant shall be liable for damages according to law.
After hearing the case, the court held that the noise of the house developed by the developer did exceed the national standard, and noise reduction measures should be taken. Before the real estate development company takes noise reduction measures, it should make appropriate compensation to the plaintiff. According to the court's judgment, the defendant took measures to make the noise of the house purchased by the plaintiff meet the national standard stipulated in the Code for Sound Insulation Design of Civil Buildings (GBJ118-1988). If no measures are taken or the measures fail to meet the standards, the defendant shall pay compensation to the plaintiff according to the standard of 20 yuan/day until the indoor noise meets the standards, and the defendant shall compensate the plaintiff 65438+ at one time.
After the judgment of this case came into effect, the property developer took measures such as replacing water pump fittings, installing sound insulation equipment and installing sound insulation glass for the plaintiff. This noise rights protection has achieved good social effects. As can be seen from this case, with the development of society, noise pollution has been paid more and more attention by residents and helped by law.