<p
An architect-expert will carry out these acoustic tests to check if it complies with the regulations and will include in his expert opinion a repair proposal and a repair budget, which is what will be claimed in court, either from the architect, the quantity surveyor, the builder and/or the promoter;
Poor sound insulation of a dwelling or community
Poor sound insulation in a dwelling affects the habitability of the dwelling and can cause serious inconvenience to homeowners; Noise can come from adjoining dwellings, between floors (from bottom to top), from the boiler room, from the pressure boosting system, from a communal garage door, from downpipes, from the lift, from outside noise, etc;
The origin of this defect lies in the deficient acoustic insulation of the internal partition walls, external facades and communal installation rooms;
Not only are there noises that affect the health of the owners, but also vibrations, which are transmitted through the walls, and which are very annoying;
Sometimes we have encountered blatant non-compliance related to such deficiencies; Think, for example, of a Community in whose Execution Project a type of solid brick (“Mahón” type, for example) is contemplated for the partition walls between dwellings, and, surprisingly, the owners discover after an Expert Report that what has really been executed in the partition walls has been plasterboard; Obviously, such breaches of contract are fully actionable;
Claims for poor sound insulation of dwellings
A claim for poor sound insulation must be accompanied by an expert opinion, including the results of tests carried out with approved instruments, acoustic sound level meter, sound diffusers, pink sound emission, etc., environmental sound measurements, dodecahedron, amplifier, etc. Another test is to carry out a wall test on the wall – separating the dwellings – by measuring the thickness of the vertical element; If it is less than 15 cm, it will not properly insulate the dwelling;
With a strong opinion, our lawyers will draw up well-founded claims, in order to claim the proper insulation and repair of the house or building;
Not only can we encounter habitability damage in homes such as poor acoustic insulation, we can also encounter poor thermal insulation, air leaks, bad odors from pipes, humidity… which DPcon is committed to solving to improve quality. and the stay of your home.
Deadlines for claiming habitability damage due to poor sound insulation of dwellings
The deadlines for claiming deficient sound insulation are short; They are considered as habitability defects, according to the LOE, and are guaranteed for 3 years, from the date of completion.
Another way of claiming is to file a claim against the developer for contractual non-compliance. In this case, the terms are different, as they are 5 years, from the date of signing the deed of sale, if the property was purchased from 7 October 2015;
Provided, however, that if purchased before 7 October 2015, the statute of limitations shall run, in any event, until 7 October 2020 at the latest;
liability for poor sound insulation of dwellings
The responsibility for these defects and the claim must be directed against the architect, technical architect and/or construction company, as determined by the expert opinion; The promoter has subsidiary liability and can therefore also be held liable;
We must not forget that noise is an unpleasant, inarticulate, annoying sound; It produces undesirable effects for the sufferer and is detrimental to health and physical well-being; It is a pollutant, as it has a mixture of different frequencies, it produces an annoying or uncomfortable sensation, whoever produces it, and causes harm to people; Noise is something that interferes with the person, causing negative physiological or psychological effects;
DON’T HESITATE TO CONSULT US!
CUSTOM BUDGETS