Possible non-compliance of Building Regulation E

[Joshm74]

Hi everyone,

My neighbour's 4 bedroom house was converted into 5 self-contained flats back in 2004/2005. Since the conversion we have had to put up with a large amount of noise through the walls (we can hear their conversations, when they run the taps/shower, close their cupboards etc). My guess is that the landlord did not comply with Building Regulation E (regarding minimum insulation requirements to resist the passage of sound) when the fit-out was done back in 2004. Unfortunately this regulation has just recently come to my attention - had we known earlier we would have taken action sooner.

I have two questions regarding this:

1. Do we have any legal right to challenge the landlord and request proof of compliance with regards to regulation E?

2. If so, and he is unable to offer any proof, can he be forced from a legal standpoint to insulate the walls to compliance-standard?

I have emailed our local council (Brent) to ask them but have not heard anything back yet, so will chase them tomorrow, but would be great to get opinions/advice from anyone here.

Thanks in advance.

 

[Nakajo]

2004 was eleven years ago. Forget about it.

 

[^woody^]

No, compliance with any building regulations is nothing to do with a third party.

But you can contact the council's environmental health team about potential noise nuisance ie Statutory Nuisance, and if sound insulation is lacking, they could require the landlord to rectify it.

 

[Joshm74]

Thanks, yes that's my hope - that the council will at least put pressure on the landlord to rectify the issue (assuming that he did not comply with the regulations during the refurb).

I have a bad feeling that it's probably too late though, but will update the thread once I hear back from the council.

 

[^woody^]

Thanks, yes that's my hope - that the council will at least put pressure on the landlord to rectify the issue (assuming that he did not comply with the regulations during the refurb).

No it won't be "the council" it will be a specific team operating under specific legislation. It wont be anything to do with building regulations, so forget that.

You have to make the allegation of noise nuisance, which the officers may then investigate or monitor to determine if there is in fact any nuisance under their remit.

It comes down to what noise is made and whether it is "a nuisance" under legislation, and not just annoying you because you can hear it.

The building regulations are a minimum standard, and more often than not neighbours can hear lots of every-day noise from properties that fully meet and exceed the requirements of the building regulations.

 

[Joshm74]

Understood. I will take this up with the environmental health team instead and report back. Thank again for the advice.