To get straight to the point, is it legally enforceable to have a Soft Floor Covering (underlay) for Building Regs Floor Type 1.1C. As even though the Approved Document E says its ESSENTIAL, my understanding is the only legal part of Part E is meeting the airborne and impact noise tests (or registering with Robust Details). This is what NHBC advised me, hence they are not forcing the builder to install an underlay - causing me misery in the flat below from impact noise in the flat above.
A concise summary of the problem is given below, has anyone else had this problem or can advise me what to do as the builder and NHBC wont take the issue any further.
• New build flats constructed in England in 2015 with Floor Type 1.1C
• The Building Regs consider impact noise resistance is compliant if it passes the relevant impact noise test or the building is Robust Details Compliant.
• The noise testing has passed for impact and airborne.
• The building regs state that for floor type 1.1C, a soft floor covering is ESSENTIAL. Soft floor covering is to be 4.5mm thick or meet BS 140-8. However despite the wording saying ESSENTIAL, it is not a legal requirement of the building regs. So to be clear, approved document states ESSENTIAL, but is not legally enforceable.
• There is no underlay in the flat above me, just laminate above the concrete, so the Soft Floor Covering is missing. But legally NHBC will not force the builder to install a soft floor covering because its not a legal requirement.
• Outcome: my life is a misery with impact noise of EVERY footstep from the occupants above.
The leasehold wording is not 100% clear stating "good quality underlay or other suitable material"
ANY ADVICE ON THIS MATTER WOULD BE MOST GRATEFULLY RECEIEVD.