Sue builder for noise

TiredOfNoise

Is it possible to sue builder for impact noise? The apartment above us is rental, the last six months have been really bad - kid running all the time, adults jumping, moving furniture, dropping stuff on the floor.

Gumbo

TiredOfNoise wrote: »

Is it possible to sue builder for impact noise? The apartment above us is rental, the last six months have been really bad - kid running all the time, adults jumping, moving furniture, dropping stuff on the floor.

Where does the builder come into this?
The cause of the problem is the noses from people upstairs.

Peregrinus

Gumbo wrote: »

Where does the builder come into this?

I presume the suggestion is that the builder failed to provide adequate noise insulation/failed to comply with building standards regarding noise insulation.

OP - a starting point might be to get an engineer to inspect the insulation and report on whether it complies with any applicable building regulations/with what is considered good practice in apartment construction.

Samuel T. Cogley

Your course of action would be that the apartments weren't built to the building regulations at the time. Assuming that turns out to be the case all you'd do is land yourself and the other owners with a huge bill I'd imagine.

TiredOfNoise

We had an acoustic test done, they say everything is within norm. How can it be if we hear all these noises? It has been a nightmare for 4 years now.

The apartment above is rental and they have hardwood floors, I heard recently that this is not allowed? Is there a way to force the owner to install carpets?

Pkiernan

TiredOfNoise wrote: »

We had an acoustic test done, they say everything is within norm. How can it be if we hear all these noises? It has been a nightmare for 4 years now.

The apartment above is rental and they have hardwood floors, I heard recently that this is not allowed? Is there a way to force the owner to install carpets?

Your course of action is against the owner.
You need to engage with them.

sydthebeat

Maybe what your experiencing now is the norm, and what you had before was exceptionally quite?

Samuel T. Cogley

TiredOfNoise wrote: »

We had an acoustic test done, they say everything is within norm. How can it be if we hear all these noises? It has been a nightmare for 4 years now.

The apartment above is rental and they have hardwood floors, I heard recently that this is not allowed? Is there a way to force the owner to install carpets?

Check your head lease. That should say if they're not allowed.

jrosen

Do they have wood flooring?I lived in a apt block before and only ground floor apts were permitted to have wood flooring.

You need to engage with them. You say the last 6 months. Perhaps they are working from home and also have a child no longer in school? Maybe things will settle

Xterminator

TiredOfNoise wrote: »

Is it possible to sue builder for impact noise? The apartment above us is rental, the last six months have been really bad - kid running all the time, adults jumping, moving furniture, dropping stuff on the floor.

Its getting more and more like america everyday. You should apply to judge judy!

Not to minimise the inconvenience of having a noisy neighbour above you, because i have experienced that. But the only course of action you suggest is to sue the builder? Really? No other possible avenues you can think of that should at least be tried 1st?

Some of the suggestion already made

Like knocking on your neighbours door and having a civil constructive discussion?

Checking the regulations for the apartment you live in- re wooden floors above etc.

Getting a report to see if the apartment is actually built to code - this might actually be an important 1st step before thinking of suing anyone!

Caranica

If they have wooden floors it's something you should be able to make a complaint to the management agent about. No point in talking to the tenant. As someone else said, check your headlease first to make sure they're not allowed.

Eric Cartman

the fact that there are apartments in Ireland where the headlease can ban wooden floors because of poor insulation is madness. We really need to severely implement minimum standards for sound insulation here.

Ive been in other apartments in the EU where you could have had a lad playing a drum kit above you and not heard it.

TiredOfNoise

So, in Ireland we just accept bad soundproofing? Thanks about the head lease thing, need to check it. Not sure if that would help though as all apartment hallways have ceramic tiles that literally amplify impact noise.

We tried to talk to them, they told us (very aggressively) to go away.

salonfire

You need to keep some noise on in your own apartment such as a tv or radio, playing in the background.

If you are sitting in dead silence in your own place, every bang and knock from above will go right through you.

brisan

You could report the issue to the management agency
keep a note of dates and times
The management agency could approach the owner /landlord ,but the chances of him doing anything are slim

Aron722

TiredOfNoise wrote: »

Is it possible to sue builder for impact noise? The apartment above us is rental, the last six months have been really bad - kid running all the time, adults jumping, moving furniture, dropping stuff on the floor.

One reason why I would never get an apartment to live in.

Del2005

TiredOfNoise wrote: »

So, in Ireland we just accept bad soundproofing? Thanks about the head lease thing, need to check it. Not sure if that would help though as all apartment hallways have ceramic tiles that literally amplify impact noise.

In an ideal world no you don't have to accept bad soundproofing. Unfortunately in the real world the fix will cost you, and the other owners, thousands and since the hallways have ceramic tiles it might not be that effective.

cubatahavana

Caranica wrote: »

If they have wooden floors it's something you should be able to make a complaint to the management agent about. No point in talking to the tenant. As someone else said, check your headlease first to make sure they're not allowed.

since when are wooden floors not allowed?

salonfire

cubatahavana wrote: »

since when are wooden floors not allowed?

Probably around the same time as making unnecessary noise was not allowed.

L1011

cubatahavana wrote: »

since when are wooden floors not allowed?

They have usually (not universally) been banned in the house rules for apartment blocks since the 90s if not earlier.

cubatahavana

Nonsense. Most apartments for sale on daft have wooden floors.

Graham

cubatahavana wrote: »

Nonsense. Most apartments for sale on daft have wooden floors.

hence threads like this.

cubatahavana

There was no clause like this when I purchased the apartment more than 10 years ago. As far as I know most of the apartments in the complex have sino sort of wooden floors. There is almost no noise from neighbors. Blame the lack of sound insulation, not the wooden floors.

Maybe some other developments have the clause. I was never aware of it.

Graham

It's quite a common provision in apartment developments. It's also quite often completely ignored.

Tea drinker

TiredOfNoise wrote: »

So, in Ireland we just accept bad soundproofing? Thanks about the head lease thing, need to check it. Not sure if that would help though as all apartment hallways have ceramic tiles that literally amplify impact noise.

We tried to talk to them, they told us (very aggressively) to go away.

Yeah that's Irish people, don't give a buck about anyone but themselves. I know what noisy upstairs neighbours can be like, had the same craic in clonskeagh.
Total headwreck. Took a year to sort it out but we got there.

L1011

cubatahavana wrote: »

Nonsense. Most apartments for sale on daft have wooden floors.

Its not nonsense

People breaking the rules proves nothing.

Dav010

L1011 wrote: »

Its not nonsense

People breaking the rules proves nothing.

It probably proves that the condition is unenforceable.

Gumbo

cubatahavana wrote: »

since when are wooden floors not allowed?

It’s well known that wooden floors have been stated as banned in apartment development management contracts that owners sign when buying.

It was in my apartment contracts when I bought in 2006.

cubatahavana wrote: »

Nonsense. Most apartments for sale on daft have wooden floors.

The rules are there. Speed lists are there also, people break them. Doesn’t mean they are nonsense.
Log cabins get added to back gardens. Not allowed. Not nonsense.

Gumbo

Dav010 wrote: »

It probably proves that the condition is unenforceable.

+1

I’m not aware of a single apartment owner who has been made to remove tiles or wooden flooring.

In many new builds nowadays, they get a resilient layer fixed to the floors to help with impact noises.

Caranica

Gumbo wrote: »

+1

I’m not aware of a single apartment owner who has been made to remove tiles or wooden flooring.

In many new builds nowadays, they get a resilient layer fixed to the floors to help with impact noises.

There was an epic thread on this forum of a case just like that. Owner had to sue upstairs neighbour and management company iirc and got an order that the wooden floors be removed.

Tea drinker

Gumbo wrote: »

+1

I’m not aware of a single apartment owner who has been made to remove tiles or wooden flooring.

In many new builds nowadays, they get a resilient layer fixed to the floors to help with impact noises.

I worked on a building in Croydon almost 30 years ago, had a soundproofing layer almost 2 inch thick, and a wooden layer atop that. It was fantastic.
It wasn't expensive, but it's cheaper to leave it out and let noise problems be landed on some poor schmucks plate.