Dispute: Noise levels

Case Study

The home buyer’s complaint
The buyer’s complaint related to noise levels within their home, particularly stemming from the ceiling above, which they believed were outside of building regulation tolerance levels. The buyer believed there was a void between the ceiling of the home and the flooring of the upstairs apartment, which was causing a ‘drum’ effect.
Testing was carried out and although the results found the noise levels were within acceptable limits, the buyer felt the noise was unbearable. They argued the home was uninhabitable, and that the builder was refusing to rectify the problems.
The buyer was ultimately seeking for the remedy of the noise levels and reimbursement of the costs incurred on independent testing. They also expressed a wish for the builder to purchase the home back from them.
The builder’s defence
The builder advised that the home is a ground-floor apartment in a block of twenty-nine other apartments. The builder attended to inspect the home shortly after the noise complaint. The site team found no issues present with the noise levels, and the customer service team confirmed the home was compliant with building regulations.
A further site visit was arranged and although it was noted that the upstairs property was noisy, the home was compliant with building regulations and standards. It was later confirmed that the home had been subject to acoustic testing prior to completion, and these tests had been signed off by the home warranty provider.
As the buyer continued to dispute this compliance, the builder reattended and opened the ceiling to ensure that the correct construction method had been utilised, and confirmed there were no issues with the build of the home. The case was also escalated to the home warranty body who confirmed the builder did not need to take any further action.
The adjudicator’s findings
The adjudicator found that there was a clear dispute between the parties about the standards the home was built to, but the adjudicator could not rule on this point as it is not covered by the Code. The Code does not set obligations regarding construction standards or determine whether the home complies with building regulations as this is for the relevant building inspectors to determine. However, the adjudicator could consider the manner in which the builder sought to address these concerns and the subsequent complaints raised.
The adjudicator found the builder investigated the buyer’s concerns quickly, after being notified, and then reported their findings to the buyer. More in depth investigations were taken following further complaints and it was again confirmed that there were no issues present. There was also evidence that the builder obtained permission to evaluate the upstairs property to check for issues. An independent third party, and the home warranty body, both confirmed that the noise levels were within the permitted tolerance ranges.
The evidence provided showed the builder had addressed the concerns raised in an effective and timely manner. After the more in depth investigations took place, the buyer was correctly signposted to the home warranty body as their complaint remained unresolved.
The adjudicator found that the builder had not breached sections 4.1 (after-sales) or 5.1 (complaint handling) of the Code.
Decision
The claim did not succeed.
Learning points
For buyers:
- Before making a claim, it’s a good idea to read the Consumer Code Scheme with Builder Guidance as this shows in more detail what is expected of builders. While there are occasions where buyers and builders will have a difference of opinion, an adjudicator can only rule based on their view of whether the Code has been breached, irrespective of whether the outcome is acceptable.
- The Code does not set the build quality of a home as this is covered by UK building regulations and the home warranty body technical standards and adjudicators are not able to make judgements on these issues. These should be raised with your home warranty body if you cannot reach an agreement with your builder.
- If in doubt, speak to our contact centre for more information.
For builders:
- Even if you don’t believe you are at fault, you must respond to buyers’ queries and complaints promptly and document what action has been taken as a result. Although the root cause of a claim may relate to standards you have met, you can still fall foul of the Code if you do not meet your after-sales and complaints handling obligations.
- Setting out clearly why you reject the buyer’s complaint and details of the reason(s) why the complaint is rejected should form part of your complaint handling process. Where you agree an issue arises, provide an estimated timescale for the work required to resolve the issue(s) raised and adhere to it. The time may vary depending on, for example, the nature of the issues raised, investigation work needed, the lead time for sourcing materials, and the preparation work needed, but keeping the buyer informed is key.
Adjudication 117211053