Sound problems - upwards!

[Sara]

I bought a new build Taylor Wimpey flat 18 months ago and since I moved in I can hear the family underneath me.
I can hear them walking, kids running and closing of doors etc, through no fault of their own. I complained when I first moved in and Taylor Wimpey sent a technician in the day when I said there would be no one there for them to hear the issue.

Since then they’ve been fobbing me off and have said they built to robust details so confident there are no issues. I’ve also spoke to NHBC but I am reluctant to raise a case at the moment until I’m clear if I’d win. Has anyone had this issue before?
I’ve also spoken to acoustic sound testing companies who said it could be flanking but there are no building regulations against sound travelling up so it’d be hard to use any tests against Taylor Wimpey. I’m thinking as a next step to step to a building surveyor but again not sure that would help. Thanks

[New Home Expert]

Taylor Wimpey have history and it seems they trot out the same old fob off, to anyone that complains about sound transference.
See this post! http://forum.brand-newhomes.co.uk/snagging-and-defects/noise-issues/msg5131/#msg5131
So many Taylor Wimpey buyers have the same problem perhaps you should form a WhatsApp group!

Flanking sound is not via up or down. "Flanking is sound that transmits between spaces indirectly, going over or around, rather than directly through the main separating element. This can allow sound to transmit between spaces even though the main separating element itself provides good acoustic insulation."

Re the NHBC it is not about winning, it is about whether your claim is valid. NHBC is an insurance that your home has ben built to the warranty standards. In most cases if there is a fault it has not been. That is not to say the NHBC will deem your claim valid as they have a reputation for batting away new home buyers claims.

Write to Taylor Wimpey and tell them that if they do  to begin investigations in the new Year you will be making a complaint to the NHBC and then do just that if nothing happens.

[Sara]

Thanks for the advice. I have since spoken to a building surveyor and other acoustic companies who have all told me it's an unusual issue and as far as they are aware there aren't building requirements to meet for sound travelling upwards unless the sound was airborne.

I got the impression they think I'm fighting a losing battle!
Any other advice on this would be appreciated as I'm unsure where to go next?
However I will contact robust details directly to ask their opinion.
If I raised a claim through NHBC would it affect the value of my flat or would I need to declare if sold?

[Sara]

Also, if flanking is the issue is there anything I can do to prove that it doesn’t comply with robust details?

[New Home Expert]

First of all, you would have to declare any issues with your property when selling be it a new or older home.
NHBC warranty claims must be disclosed as any works might not have solved the issue.
Whether or not this affects the value is a moot point. It is more likely to mean you would have a hard time trying to sell it with agreed sales falling through.

It is ridiculous to say that only airborne sound is covered by building regulations. All sound is airborne by definition!
If a floor is not insulated and isolate from the structure, sound will travel down to the flat below. This is why there are special construction details that would mitigate this.

Try the NHBC. Now your only option.
Only an investigation would prove if robust details had not been complied with. This would mean making holes in walls etc to check and reinstatement of damage caused.