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View Full Version : Would this meet Building Requirements?



Deeanna
21-03-2009, 18:28 PM
The property we are currently staying in, we are constantly being woken in the night, the toilet is above the bedroom. You can hear them walk in, lift the toilet lid, do their business then leave. Is this legal? We can also hear them talking, shaving, more or less everything. We are trying to be moved, but just need some advice on how much you should or shouldn't be able to hear above or around you? It is just living noise, the neighbours aren't anti-social at all. It's not the type of thing you can tell them to stop doing, they are entitled to use their bathroom.

The house has only just been converted into flats. When we moved in, the landlords sister was living here and showed us around. She remarked how quiet it was, at the time that was true as un-be-known to us no one was living above.

Since the middle of February I have had broken sleep every night, it does affect your general well being, I feel really angry all the time. I feel I can't say anything to the people living above, they should be able to walk around, chat, watch their tv, use their toilet, after-all it's their home. I don't know what to do, if my landlord isn't helpful in allowing us to move out asap I think I'm going to explode !!!! Advice please, thank you.

Ericthelobster
21-03-2009, 18:54 PM
We can also hear them talking, shaving, more or less everything. We are trying to be moved, but just need some advice on how much you should or shouldn't be able to hear above or around you? The regs are pretty strict these days about soundproofing between floors, and what you're describing does sound as if it may not have met current requirements.

I'd suggest that it might be worth your while popping down to the local council Building Control office, where it will be possible for you to freely inspect the records pertaining to any property (the info is in the public domain; usually it will be on a computer). That will at least tell you whether BC consent was obtained; if not then I'd suggest that would give you pretty strong leverage to get out of your lease, wouldn't you? :)

starlettings
21-03-2009, 21:33 PM
The property we are currently staying in, we are constantly being woken in the night, the toilet is above the bedroom. You can hear them walk in, lift the toilet lid, do their business then leave. Is this legal? We can also hear them talking, shaving, more or less everything. We are trying to be moved, but just need some advice on how much you should or shouldn't be able to hear above or around you? It is just living noise, the neighbours aren't anti-social at all. It's not the type of thing you can tell them to stop doing, they are entitled to use their bathroom.

The house has only just been converted into flats. When we moved in, the landlords sister was living here and showed us around. She remarked how quiet it was, at the time that was true as un-be-known to us no one was living above.

Since the middle of February I have had broken sleep every night, it does affect your general well being, I feel really angry all the time. I feel I can't say anything to the people living above, they should be able to walk around, chat, watch their tv, use their toilet, after-all it's their home. I don't know what to do, if my landlord isn't helpful in allowing us to move out asap I think I'm going to explode !!!! Advice please, thank you.


Tell you what to do, go and buy them one of those trendy new bog seats that goes down nice and slow...Cost co sell them for about £30. Best £30 you will ever spend

Also if you can hear them shaving ....buy them some imac

Good Luck.

I keep on telling the pilots to sort the planes out...

Deeanna
22-03-2009, 03:10 AM
I'll check with Building Control to check to see if it's legal, I very much doubt it is though, thanks very much for your help

Bel
22-03-2009, 09:06 AM
I'll check with Building Control to check to see if it's legal, I very much doubt it is though, thanks very much for your help

It all depends on when the building was converted; if it was within a few years it should have better soundproofing then, say, 30 years ago where no such requirement existed.

Have you thought to actually have a gentle word with the occupant above? This may be the only action you need to take.

Also, if that doesn't work, have a gentle word with your LL, saying that you cant sleep now and you are generally unhappy because of lack of sleep; can they do anything with sound proofing or will they be willing to release you from contract. In a non-confrontational way.

If you draw a duck, then is the time to be more challenging.

Ericthelobster
22-03-2009, 10:12 AM
It all depends on when the building was converted; if it was within a few years it should have better soundproofing then, say, 30 years ago where no such requirement existed.Agreed, but the OP did say it had only just been done.


Have you thought to actually have a gentle word with the occupant above? This may be the only action you need to take.Hmm. From the description of the noises heard, it doen't sound as if the neighbours are being at all unreasonable though. Insisting they only talk in whispers and refrain from breaking wind in the bathroom etc might not go down well!


Also, if that doesn't work, have a gentle word with your LL, saying that you cant sleep now and you are generally unhappy because of lack of sleep; can they do anything with sound proofing or will they be willing to release you from contract. In a non-confrontational way.Unfortunately, any practical retro-fitted solution is likely to be very expensive and disruptive...

Deeanna
22-03-2009, 11:43 AM
The house was originally converted into flats some years ago (estimate around late 80s early 90s). The landlord has recently bought the flat and refurbished it around 2007, i.e. moved the kitchen, the bathroom, put in double glazing, new flooring, moved the front door from original position from the front communial hall area to own private entrance to the side of the building. Pretty much everything has been done or moved about, but would this come under part E regs seeing it was refurbished only two years ago or would it be under a grey area due to the house itself being converted 20 years ago approx. He must have had to follow some kind of regs or had to have some kind of permission or inspection from the council?
All I know there is no sound proofing seeing we can hear everyday normal living noise but it is being amplfied due to the high cellings echoing the noise down, so having a word with the couple up stairs is not going to help they are not being anti social at all.

Ericthelobster
22-03-2009, 14:36 PM
The house was originally converted into flats some years ago (estimate around late 80s early 90s). The landlord has recently bought the flat and refurbished it around 2007, i.e. moved the kitchen, the bathroom, put in double glazing, new flooring, moved the front door from original position from the front communial hall area to own private entrance to the side of the building. Pretty much everything has been done or moved about, but would this come under part E regs seeing it was refurbished only two years ago or would it be under a grey area due to the house itself being converted 20 years ago approx. No, not grey at all actually. There would certainly have been a requirement for Building Control involvement during the recent refurb if bathrooms and kitchens were moved, and probably for other things too; however there would not have been any requirement at that time to improve whatever soundproofing between the floors was then in place, because there was no 'material change of use' of the building, which means there is no onus on the property owner to update everything to current standards. Certainly the sound insulation regs were much less strict 20 years ago than they are now, and quite possibly your building was compliant at that time. Even if not, I think you'd have no chance in pursuing that line of attack 20 years after the event.

I suspect appealing to your LL's better nature may be the only realistic solution I'm afraid.

Deeanna
26-03-2009, 13:56 PM
Spoke to the landlord who owns the flat above our rented one. He said he had reservations as to whether the recent conversion works to our flat had formal planning and building approval as the freeholders had not received the relevant notices requesting consent for the alteration works, where does this now leave us. I have informed our Managing Agent. I have to say though, they just don't seem to be doing anything positive about the situation. It is driving me absolutely nuts !!!!!!

Ericthelobster
26-03-2009, 14:19 PM
he had reservations as to whether the recent conversion works to our flat had formal planning and building approval as the freeholders had not received the relevant notices requesting consent for the alteration works, where does this now leave us.Well, as I said before, if you're talking about the works of ~2 years ago, there would have been no requirement to upgrade the soundproofing at that point anyway, so I don't see it's at all relevant to your particular problem as to whether the official approval was obtained then or not.

Bel
26-03-2009, 14:41 PM
Hmm. From the description of the noises heard, it doen't sound as if the neighbours are being at all unreasonable though. Insisting they only talk in whispers and refrain from breaking wind in the bathroom etc might not go down well!



That may be so, but the sound of thundering stream of urine into the centre of the bowl in the middle of the night can really travel. You should hear my boy. This problem could be easily rectified by a change in technique.