Anyone who changes or replaces the floor covering in their condominium must ensure that the new floor complies with the applicable sound insulation guidelines. In the case of changes and construction measures to the condominium property, according to § 14 No. 1 WEG, it is also one of the duties of a condominium owner to ensure that the other owners do not suffer any disadvantages as a result of the measures or repairs carried out.
In the case at hand, an apartment owner complained to the owner of the apartment above him because he felt disturbed by the high noise level of the impact sound. The defendant replaced the installed carpeting in his apartment with a tile floor. The question arises whether the new flooring meets the minimum sound insulation requirements according to DIN 4109. The property is a house built in 1962. The attic of the uppermost apartment was converted into living space in 1995.
An expert opinion confirms that the impact sound level of the apartment partition ceiling exceeds the 53 dB specified in DIN by 14 dB due to the tiles laid. The owner is required to take appropriate measures to minimize the impact sound. According to the ruling of the BGH (V ZR 173/19), this is a reasonable activity for the owner. This is because the prescribed sound insulation can already be ensured by simple means, such as applying an additional floor covering to the tiles or replacing the tiles with carpeting.
Source: BGH
© fotolia.com
