Part E - Noise/Impact Sound

[liamlion]

Hello can anyone please help me.

I have brought a 1st floor flat in a relatively small purpose built block. The block was built in 2008.

I have one occupant above me and I can hear every movement he makes. The sound through my ceiling is a loud thud. I can even hear his washing machine battering away when it is on.

I contacted the planning department of my local council to inform them of the problem and to query if the property had been built and tested in compliance with Part E.

The Council informed me that only 10% of the building needs to be tested and that it had been and had passed the requisite test. The floor of the flat above me was however not tested. My flat has a number of years left on its Zurich Warranty. The Council are trying to fob me off with the builder and company who tested the building.

Can I rememdy this problem? If so how? A new flat surely shouldnt have such an impact sound problem? Can I demand that the Council come out and test the floor of the ceiling above?

Thanks

James

 

[freddiemercurystwin]

They're not fobbing you off, your contract was with the previous owner not the developer and not the council. They need only test a few flats in a development. Soundproofing in new dwellings is still pretty poor despite the latest regs especially if timber floors have been specified. Unless you can provide some good evidence Zurich won't care either. You could expose some ceiling and see what's been installed and see if it matches the approved drawings. You can get hold of the Approved drawings from Building Control through the Freedom of Information Act.

 

[tkmax]

The Council are trying to fob me off with the builder and company who tested the building.

If the council didn't build it, they aren't responsible. I'd say the developer should be your first enquiry, closely followed by your solicitor. The council almost definately let you see the plans though, as an owner, although I doubt it's built to plan or detailed properly if the sound transmission is that bad. As FMT says, the current standards aren't too impressive either.

 

[jeds]

especially if timber floors have been specified.

I dispute that bit Freddy. All the timber floors I've specified have passed easily. Whenever I've had problems with failed sound tests it's always been with masonry floors. I find I have to overspecify them massivley to be certain of passing.

Apart from that I agree with everything you said.

 

[freddiemercurystwin]

Fair point, I've found developers who actually seem to care prefer concrete as they seem to get better feedback from buyers in developments with conc as opposed to timber. Tis all relative though, sound testing is a funny thing & what's good to one person maybe rubbish to another and vice versa!

 

[jeds]

Your only chance is with Zurich but this will be a long and very slippery road. There should be a clause on excessive sound transmission but there will obviously be exclusions. Unfortunately one exclusion might be claiming within 2 years of completion but look it up to make sure.

If you are covered you will need to demonstrate that the flat does not comply with mandatory sound reduction set out in regulations. To do that you will need to commission a test from an approved tester. Tests cost about £800 (money for old rope) and to carry out the test you'll need access to the flat above so you need their agreement before you start.