Second sound test carried out = passed. HELP

[Nicolle25]

I bought a 1-bedroom new build flat in December last year in Kent, built buy a small building company called Mormac Group.

I live on the first floor, with luckily no flats either side just a flat above and below me. Since moving in, I can hear people's word to word conversations, TVs, light switching and phone alarms etc

I've also learned that it's built with timber frames which I have now found out is a sound proofing nightmare.

I had a conversation with the person who bought the flat above me who has the same issue, she can hear all the above from me and we decided to tackle the problem.  The management company provided us with the sound test that passed (46db and the requirement is 45db). 
We contacted NHBC who advise as it’s the first 2 years, Mormac will have to resolve the issue. 

Mormac did a site visit in September, who advised that they were baffled that we are hearing such noises and pondered whether it would be the floors as we have hardwood flooring, they agreed they would put carpet down for us as another sound test would pass. 

Fast forward from then, they organised for another sound test to be carried out first and it surprisingly passed, although the impact sound was 45db and requirements quotes 62db but still manage to pass and the airborne was 46db and 45db requirements.   
They have now washed their hands with the case as it meets building requirements. 

I then went out to buy thick underlay and carpet for my bedroom, as this is what they originally planned to do and advised it would stop me hearing any noise from below (who is the noisiest out of all) 3). It hasn’t help in the slightest, I can still hear word to word conversations from their bedroom and living room/lounge.

I have emailed the developers again expressing that the option they were going to provide has failed and if there is anything they can do, they have totally ignored me.

I can't sell as it’s too soon and I don’t have any money to buy another flat, I feel like I am living a nightmare.

I am all out of ideas now, any help would be greatly appreciated.

Thanks

[New Home Expert]

The NHBC cannot wash their hands of any defect just because you reported it to the builder in the first two years.  Under the warranty, this defect is now logged and if the builder does not resolve it within the first two years the NHBC will still have to act to solve it in years 3 to 10.

You may also be interested that in 2016 (last available published figures) the NHBC spent a total of £90million on claims of which, £27.2m were in the first two years!

Wehthert your flat technically passes a sound etst or not, clearly there is a construction defect that is enabling sound to pass from one dwelling to another. More worrying, is this could well be a hole or gaps between the falts that caould enable the passage of fire and smoke.

For this reason alone, the builder and especially the NHBC need to act and give you the peace of mind they sold you when you reserved.

You should officially write to the NHBC making a claim under your warranty as the housebuilder has failed to resolve the problem. At the worst, you should get a resolution meeting/inspection with the builder and NHBC at your home (and the others if you/they can arrange it)

But expect to be given the run around as this look very likely to be expensive to resolve.
An air integrity smoke test may help show where the gaps between flats are.

[Saz]

I am having the exact same issues with my new build flat.
I can hear everything from the flat above (and I mean everything!). I reported this issue to my builder 8 months ago. It has taken until this week for them to organise a sound test which has passed the sound regulations. I reported this to the LABC back in September and because they have got the certificate and the sound test to back it up, they say the case is closed.

Interesting my brother has bought the exact same flat as mine by the same builders just a different block and he isn't getting any of the issues I am. Is there anything more I can do?
I just feel like I am constantly hitting brick walls!

Any help appreciated

[New Home Expert]

Not much you can now do, other than make a nuisance of yourself by writing to the media, contacting your MP and rubbishing the housebuilder on social media.

But you haven't said who the housebuilder is, if for no other reason as a warning to others so they are not caught.