Part E Building Regulations - legal question

[LightsBlinding82]

Following scenario:

 

Conversion took place in 2002, resulting in shop with basement beneath, turned into shop with residential flat beneath. This should have adhered to 1992 part E building regulations, found here:

 

https://www.labc.co.uk/sites/default/files/approved_document_e_1992_superseded.pdf

 

Compulsive sound testing didn’t take place until 2003 part E regs the year after. There are, however, guidelines and requirements in the 1992 regs, which should have been adhered to. It appears the regulations would have had to have been ‘demonstrated’ rather than tested.

 

The original plans for the conversion detail a 7cm floating platform floor, similar to which is found in page 31 of the above PDF, to be installed on the shop side, to provide the required sound insulation. This floor upgrade never took place, with the original shop floorboards only having a carpet and now vinyl floor put over the top of. This has resulted in nearly two decades of noise complaints from the property owners, which have both changed hands a few times since the original works (of which I am now the owner of the basement flat).

 

The above missing floor works have only just been found out by myself. On what grounds have I now got the shop owner to install soundproofing on his side, given that there is currently nuisance noise from his shop into my flat? His floor clearly isn’t up the 1992 building regulation standards it should have been.

[billt]

I doubt that you have any recourse via building regs, which are basically unenforceable after a very short time unless the failure to comply results in a dangerous structure.

 

You might be able to pursue the issue of nuisance, but you would want guidance from a suitably experienced individual. If the shop owner isn't cooperative it's likely to be a long winded, expensive and frustrating process with an uncertain outcome.

[Dave Jones]

put a false ceiling in your flat, floating from the original with soundproof matting/insulation etc ?

[LightsBlinding82]

Soundproof ceiling works have already been carried out in my flat, but that hasn't sorted it, as the floor extends outwards past the ceiling joists. It's an awkward shape. Plus there's gas pipes preventing works from being carried out in certain places. Ceiling soundproof works also don't much for the impact footfall. As far as I'm aware, the conversion was designed with floor soundproofing in place, and not ceiling.

To be honest, it's a small shop, and I've offered to soundproof the floor at my cost before, but this gets met with resistance. Even the tenants he has in there get pissed off with it, being able to hear my tv\music in evenings, as he refrains from telling them about the issue before letting it out. Thinking he must have a dead body hidden in the floor boards or something.

 

 

[LightsBlinding82]

An addition to this - I own the freehold on both properties, and leasehold on flat, while shop owner is only the leaseholder on shop, and not on the freeholder. Could this be used in anyway ie could a section 20 for major works be carried out for his floor? Ie would a floor\soundproofing not upto the building standards be classed as something in need of repair, rather than an improvement? Or would this again entail lots of lengthy legal wrangling?

[Temp]

21 hours ago, LightsBlinding82 said:

Could this be used in anyway ie could a section 20 for major works be carried out for his floor

 

I would seek proper legal advice as this suggests "improvements" are possible ....

 

https://www.lease-advice.org/advice-guide/section-20-consultation-private-landlords-resident-management-companies-agents/

 

Quote

 

QUALIFYING WORKS

These are ‘works on a building or any other premises’ – that is, works of repair, maintenance or improvement. The inclusion of improvement in the definition of qualifying works does NOT allow a landlord to recover costs for improvements unless a liability for costs of improvements is included in the lease. When calculating the estimated cost, VAT on works must be included.