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When the draft of the "Law of the People's Republic of China on the Prevention and Control of Noise Pollution" was published this year, its provisions on "prevention and control of noise pollution in social life" included regulations requiring developers to disclose the noise impact of their properties.
Will this regulation actually be effective? Will it truly restrain real estate developers?
I recall raising some questions when this provision was first proposed in the Noise Pollution Prevention and Control Law, and providing relevant feedback during the public consultation process. However, some cities had already implemented similar regulations: Chongqing stipulated on May 1, 2013, that sales offices must display a residential noise pollution table.
Chongqing
Noise pollution from public notices for residential properties
The "Measures for the Prevention and Control of Environmental Noise Pollution in Chongqing" officially came into effect on May 1, 2013, stipulating that newly built commercial residential buildings must post the "Public Disclosure Form on External Noise Pollution of Commercial Residential Buildings in Chongqing" in a prominent location at the sales site. The current status of the acoustic environment functional zone where the commercial residential building is located, and the predicted results of the external acoustic environment quality of the commercial residential building, indicate whether the environment of the building is quiet or not.
The noise disclosure in the public notice form mainly involves two types of key data.
The first category is the current status of the acoustic environment functional zones where commercial residential buildings are located.
This includes the classification of acoustic environment functional zones, applicable areas, daytime and nighttime noise standards, and actual monitored noise levels at the property. According to national standards, acoustic environment functional zones are divided into five categories, each with different decibel noise standards. Homebuyers can compare the published measured noise levels at the property with the standard values. If the measured values are higher than the standard values, the living environment will be noisier, which should be considered when purchasing.
The second category is the prediction results of the external acoustic environment quality of residential buildings.
The public notice requires that, in addition to specifying the building's location, orientation, and floor, the standard noise levels for both daytime and nighttime, as well as the predicted noise levels for both days and nighttime, be provided. The "Prediction Results" section should also specify the exact buildings, orientations, and floors where the predicted external acoustic environment quality exceeds the standards after noise pollution prevention measures are implemented. Future homebuyers will need to carefully review this information when deciding which building, orientation, and floor to purchase.
Sales office public notice period
Although the public disclosure system officially came into effect on May 1, 2013, its scope applies only to newly constructed residential projects that have submitted environmental impact reports (forms) approved after May 1, 2013. Projects approved before that date are subject to the old standards. In other words, a house requiring public disclosure of noise levels may not have even started construction yet; the disclosure will only be made after completion. The public disclosure period runs from the start of pre-sales of the residential property until the end of the sales period.
Who is responsible for monitoring noise levels in the residential complex?
Currently, noise assessments for residential buildings are primarily conducted by qualified environmental assessment companies, and the environmental protection department reviews the assessment results before making them public. There are currently over 30 qualified environmental assessment companies in the city.
What if the developer doesn't comply?
The construction company and the environmental impact assessment agency are responsible for the authenticity and completeness of the information provided in the "Public Disclosure Form for External Noise Pollution of Commercial Residential Buildings in Chongqing". If an enterprise fails to comply with the public disclosure system, the environmental protection department will order it to rectify the situation.
Did this method actually work?
In fact, Chongqing's "Operation Quiet Action Implementation Plan," passed at the end of 2006, required developers to disclose information about the acoustic environment. However, investigations revealed that because the plan was not mandatory, its implementation was not ideal.
Here are two examples:
2013
On January 10th, hundreds of homeowners in a Chongqing apartment complex refused to take possession of their units due to excessive noise. One homeowner, surnamed Han, explained that he measured the noise level in his apartment with a handheld noise meter and found it to be as high as 80-90 decibels, while national regulations stipulate that indoor noise levels in residential buildings should not exceed 50 decibels. Not far outside his window, traffic flowed heavily on the highway, and the incessant roar of car engines could be heard from inside the apartment. Whenever a fully loaded heavy truck passed by, the entire room would buzz loudly.
"Approximately 600 households in this development have refused to take possession of their homes due to noise issues," said Mr. Han. He stated that the residents demanded the developer provide an environmental acceptance report or commission an authoritative body to re-test the noise levels, but the developer refused. Subsequently, they attempted to obtain the relevant department's environmental acceptance report or commission an authoritative body to re-test the noise levels, but to no avail.
2020
On December 23, 2020, Ersanli News reported that Mr. Zhang, a homeowner who purchased an apartment in Poly Grand View in Banan District, Chongqing, complained to Ersanli News that: "Some of the elevators installed in the community generate a lot of noise during operation, and the gap between the bottom of the car and the ground is very large. When it rains heavily, the elevated floor is like a waterfall, and there is water everywhere on the ground... However, in the face of the pile of problems in the community, the developer has adopted a shirking attitude and refused to acknowledge or rectify them."
In fact, besides Chongqing, other cities have also introduced similar local regulations:
1. Beijing: Developers should disclose information publicly.
Building sound insulation and acoustic environment
On January 1, 2007, the "Beijing Municipal Environmental Noise Pollution Prevention and Control Measures" came into effect, stipulating that if noise directly affects residents' lives, a maximum fine of 500 yuan may be imposed. The measures stipulate that "when selling newly built residential houses, real estate development enterprises shall clearly indicate the sound insulation of the buildings and the acoustic environment of the location of the houses being sold."
2. Shanghai: Developers should disclose information publicly.
Noise pollution sources and prevention measures
On March 1, 2013, the "Shanghai Municipality Measures for the Prevention and Control of Noise Pollution in Social Life" came into effect. When selling newly built residential buildings, real estate development enterprises shall clearly indicate in the sales contract the noise pollution sources and prevention and control measures of relevant public facilities and supporting commercial buildings in the residential community; if there are noise sources in adjacent buildings that affect the residential community, they shall also be clearly indicated.
3. Shenzhen: Developers should disclose information publicly.
Noise pollution sources and prevention measures
The "Shenzhen Municipal Measures for the Prevention and Control of Noise Pollution from Public Transportation Facilities" will come into effect on September 1, 2020. Addressing the housing noise pollution issue that is of utmost concern to citizens, the measures stipulate that real estate developers who fail to publicly disclose the building's sound insulation, potential noise pollution levels, and preventative measures taken at their sales locations when selling newly constructed residential properties will be penalized; those who refuse to rectify the situation within the specified period will be ordered to suspend sales.
Go check if your city has similar regulations. While they might not be very effective, they're better than nothing. Pay attention when buying a house; if you can't avoid noise pollution, at least take soundproofing measures to prevent it.