Newly built first-time horror condominium purchased

Dear forum users:

I purchased a condominium from the developer in 2016 and have been experiencing pure horror ever since. There has not been a single day when I have been at peace.

I will summarize briefly: All demands regarding defect rectification have been rejected by the developer.

After 3 years of fighting with the homeowners' association, a private expert report was finally prepared.

Sound insulation according to DIN 4009, Supplement 1 was exceeded.

The developer claims to have built according to current technical standards.

Supposedly, no better sound insulation is possible.

Low-frequency areas are not covered by the 4009 standard.

The measurement of low-frequency areas (impact noise) resulted in values over 70 db!!!!!!!

Another apartment was measured with the same result...

Other apartments in the building show the same phenomenon.

For me, this is a defect in the common property.

The homeowners' association no longer wants to deal with it... I should just live with it.

I am now considering what to do.


1.) Stay in the apartment: Excluded

2.) Sell the apartment: The apartment is in Nuremberg, prices are currently high. However, I cannot imagine that this will change in the medium to long term. Maybe better to keep it?

3.) Rent out the apartment as is: Are there really tenants to whom this does not matter?

4.) Rent out the apartment, make improvements myself, write it off on taxes.

Does anyone have an idea what would have to be done technically in construction terms and what that would cost for an approx. 70 sqm apartment?

Ceiling height is 2.50 m. According to the Bavarian Building Code, an apartment must have a minimum height of 2.40 m, I believe.

Possibly add a ceiling underneath.

5.) Legal action: I lack the money for this.


I would really be grateful for any advice and any experiences.

Thank you very much

Are you the only resident who has problems or is bothered by it?

The developer claims to have built according to current technical standards.

How was it built?

After 3 years of fighting with the homeowners' association, a private expert report was finally commissioned.

What was assessed and how?

Sound insulation according to DIN 4009, Supplement 1, was exceeded.

So where is the objective defect?

The measurement of the low-frequency ranges (impact sound) resulted in a value of over 70 db!!!!!!!

So the loudness of a running vacuum cleaner, but only in the low-frequency range? So bass of music. Impact sound is rather higher in frequency, isn’t it?

For me, it is a defect in the common property.

Only for you.

The homeowners’ association doesn’t want anything more to do with it... I should live with it.

Then it seems to bother only you as well. Perhaps the neighbors are simply loud! If it bothers you, you have to move out. Then please sell, because now you can still take advantage of tax-free price increases. Otherwise: personal bad luck or an oversensitivity of your ears.

Sell, since you are apparently the only one with this subjective feeling and the objective way is also exhausted. Sue? What would come of that? Forget about rectification, at best there will be a settlement (does not solve your problem) or the purchase will be reversed (unlikely and disadvantageous in itself due to appreciation). The next apartment you buy will be in the attic.

and have been experiencing pure horror since then. [...] The measurement of the low-frequency range (impact noise) resulted in a value of over 70 dB!!!!!!! Another apartment was also measured, with the same result... [...] The homeowners' association no longer wants to have anything to do with it... I am supposed to live with it.

You and another owner each have a herd of elephants skipping rope living above you, but the majority of the (how many in total?) co-owners do not feel significantly disturbed?

70 dB can only occur if mobile phone signals cause the concrete reinforcement in the ceilings to vibrate