Residents successfully sued the developer and won 400,000 yuan in compensation due to noise from upstairs neighbors!

Noise from upstairs has troubled countless people.

However, most people attribute the root of the problem to the poor manners of their upstairs neighbors.

Few people know

The root cause is that the impact sound from the floor slab itself is not properly soundproofed.

They certainly wouldn't cause trouble for the developer because of this.

The next case

The criticism is directly targeting the developers; it's absolutely gratifying!

Residents sue

Developer floor slab issues

When sound insulation problems arise, developers often use the excuse that "the building has a quality certificate," but sound insulation is not included in the residential quality certificate. So, is it possible for residents to protect their rights?

The sound insulation of floor slabs is one of the indicators of residential building quality. If it fails to meet the national minimum standard, the residential building can be considered substandard. According to current civil law, the buyer has the right to request a refund, replacement, or repair of the substandard product. If the substandard product causes adverse consequences for the buyer, all responsibility shall be borne by the manufacturer or seller.

On the "Architectural Acoustics Network" (now taken down), hosted by the Architectural Physics Laboratory of the School of Architecture at Tsinghua University, there was such a case:

Ms. Wang from Beijing purchased an apartment for 1.4 million yuan. After moving in, she was disturbed by activity from upstairs neighbors and couldn't sleep at night. A hospital examination diagnosed her with neurasthenia. Ms. Wang sued the developer for substandard sound insulation of the floor slab. The court investigated and collected evidence regarding the floor slab's sound insulation. Testing by the Tsinghua University Building Environment Center revealed that the floor slab's sound insulation value was 76 decibels, exceeding the national standard by 1 decibel. The court ruled that the developer's residential building was substandard and liable for compensation to Ms. Wang, including over 400,000 yuan for medical expenses, support for her children and parents, and emotional distress.

The developer argued in court that concrete floor slabs are the most common type of flooring used in residential buildings, and that 99.9% of residential buildings in Beijing have concrete floor slabs, none of which meet the required standards. Therefore, the developer felt wronged and aggrieved. The judge countered that civil litigation follows the principle of "no action without a complaint," and since Ms. Wang had sued the developer, the developer must compensate her if there is a legal basis for the claim.

The above cases may offer hope to some people facing similar concerns. How is a sound insulation test conducted? Who can do it? How much does it cost? Can we really replicate these methods?

Let's take a look at the following information first:

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Key Information

NEWS-points

➤ Self-testing of floor impact sound and sound insulation

When buying a house, if you're worried about sound insulation in the floor slab, you can try a simple test recommended by Zhang Sanming (a graduate of the Department of Architecture at Tsinghua University and currently the deputy director of the Architectural Acoustics Professional Committee). "Find a companion, preferably a woman wearing high heels, and have them walk back and forth in the room upstairs. If you can clearly hear the footsteps during the day, then you can basically tell that the sound insulation of the floor slab is not ideal," says Director Zhang. Alternatively, you can sign an additional contract clause with the seller that requires compliance with sound insulation standards. If the sound insulation fails to meet the standards, you can handle the matter according to the contract terms (or even cancel the purchase).

Who should conduct the sound insulation test ?

However, it's important to note that if you're going to take the developer to court, the data you measured yourself cannot be used as evidence. Only qualified professional organizations can perform the measurements and provide valid data. This cost is approximately 4000 yuan.

➤Sound insulation test for impact noise in floor slabs:

The measurement measures the noise generated in the downstairs room when a person walks upstairs.

The professional measurement method is as follows: A standard impact hammer is used to strike the floor slab from upstairs, and measurements are taken downstairs. The sound insulation value (Lpn.w) is calculated according to relevant standards. The smaller the Lpn.w value, the better the floor slab's ability to isolate impact sound (but this is the noise level in the downstairs room when the standard impact hammer is the excitation source, and does not represent the noise level downstairs when there are activities upstairs). For residential buildings, it is universally accepted that Lpn.w ≤ 55 dB means that upstairs activity is almost inaudible, Lpn.w ≤ 65 dB means that interference from upstairs to downstairs is basically imperceptible, and Lpn.w ≤ 75 dB results in over 60% satisfaction.

Article source: Hangzhou Housing Network, Tsinghua University "Architectural Acoustics Network"

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Editor's Note

NEWS-points

While this is a rare success story, it's the only one I've seen so far. I'd like to remind those affected by noise from upstairs neighbors not to act impulsively, but to prioritize communication.

Ms. Wang in the case is located in Beijing, which gives her the geographical advantage of the acoustic testing team from Tsinghua University. Moreover, the noise level was only 1 decibel higher, which was somewhat due to luck.

But what other useful information can we glean from this case?

The developer argued in court that concrete floor slabs are the most commonly used type of floor slab in residential buildings, and that 99.9% of residential buildings in Beijing have concrete floor slabs, none of which meet the standards. Therefore, the developer felt extremely wronged and aggrieved.

The implication of this statement is that 99.9% of apartment buildings in Beijing have poorly soundproofed floors. This statement likely came from an industry insider; if this is the case in first-tier cities and the capital, the situation in other cities is unimaginable. Relying solely on the law is unrealistic. Industry insiders revealed that even if future laws strengthen sound insulation testing and inspection of buildings, it will only apply to buildings currently under construction; there will be no recourse for buildings already sold.

For houses that have already been purchased, the best way to solve the problem of noise from upstairs is to mandate that every household install soundproofing and vibration reduction flooring according to a standardized plan; or, the government could provide subsidies to encourage most people to voluntarily implement soundproofing and vibration reduction measures for their floors.