Noise noise discord
First of all, I want to remind you that there are two types of noise - shock (structural) and air. The first is when sound vibrations propagate through rigid elements of the structure, for example, along structures, during mechanical influences on them (drilling, impact, walking, etc.). The second is sound vibrations that arise and propagate in the air (sounds from a TV, audio equipment, human speech, etc.).
Impact noise from upstairs neighbors
Auxiliary measures for soundproofing the ceiling are designed for airborne noise reductioncoming from upstairs neighbors, as well as to enhance sound absorption throughout the room (echo reduction). But such measures are not able to reduce impact noise to an acceptable level.
Judicial practice of the obligation to soundproof floors
Example 1. The court ordered the defendant to restore the floors in the apartment
The plaintiff asked to oblige the defendant to restore the floor structures in his apartment in accordance with building codes and regulations in the manner indicated by the expert in the conclusion of the judicial construction and technical examination.
She pointed out that the defendant is the owner of the apartment located above the floor, made repairs in it, while changing the design of the floors, provided for by the design and estimate documentation. As a result of the defendant's actions to interfere with the floor structure and reduce sound insulation, the noise in the plaintiff's apartment increased.
The court satisfied the claim: it imposed the obligation to restore the floors in the apartment in accordance with SNiPs by carrying out the work listed in the expert opinion. The regional court left the court's decision unchanged (see the appeal ruling of the Khabarovsk regional court dated August 28, 2015 in case No. 33-5666/2015).
Example 2. The court ordered the defendant to soundproof the floor in the apartment
The plaintiff filed a lawsuit to oblige the defendant to soundproof the floor and floor coverings in the apartment, indicated that as a result of redevelopment, repair of the upstairs apartment, the soundproof layer was removed from the floor, a screed was made and tiles were laid. As a result, the sound barrier in the apartment owned by the plaintiff has decreased, noise is constantly heard.
The claim was partially satisfied: the court ordered the defendant to soundproof the floor in the hallway in the apartment by laying a rubber mat at least 3 mm thick over the entire surface of the porcelain stoneware.
The court pointed out that, according to the conclusion of the judicial construction and technical expertise, the design of the interfloor ceiling in the hallway does not provide standard sound insulation between apartments in relation to impact noise. The design of the interfloor ceiling in the hallway has a reduced impact noise index of 6 dB more than the standard value.
The plaintiff did not announce the appointment of a second or additional examination in the case (see the appeal ruling of the Tomsk Regional Court dated March 14, 2014 in case No. 33-735/2014).
The plaintiff must prove that the noise level exceeds the permissible values
Such evidence will be the conclusion of the expert (experts). If the plaintiff did not bother to file a petition for the appointment of such an examination, or an additional or repeated examination was required, but the plaintiff did not exercise this right, then the negative consequences of failure to present evidence lie with him.
Evidence of exceeding the permissible noise level can be any other evidence: from the conclusions of organizations and specialists, to inspection materials by regulatory and supervisory authorities. Failure to provide the above evidence may result in the claim being dismissed.
