Pacmansh
2023-04-14 21:08:37
- #1
So, we are one small step further, the sound insulation report is now available. The following facts are clear and undisputed for me after consultation with the lawyer, building expert, and study of the current case law:
1) Although it is a condominium-divided townhouse or apartment, the sound insulation requirements for a townhouse/semi-detached house must be met.
2) The requirements for increased sound insulation must be met. As an addition: Even the contractual clause "The company ### GmbH constructs the building measure according to sound insulation standard 4109. Increased sound insulation is expressly not agreed" is invalid and consequently, increased sound insulation was owed in this case.
3) Which exact sound insulation is owed must be determined based on the contract. This would typically be the appendix 2 of DIN 4109 or sound insulation levels II or III of VDI 4100 or DEGA recommendation 103 level A, that is something >= 67dB (airborne sound) and <=35-39 dB (impact sound).
Furthermore, the general contractor informed me (he probably is not allowed to, but the relationship between us is good) that he owes the developer the minimum standard according to DIN 4109 contractually and that this is fulfilled according to the sound insulation report by the facing shells. He also confirmed to me that increased sound insulation is not fulfilled by this. However, this concerns, and he is also correct, only the relationship between me and the developer. A joint appointment with the developer, general contractor, and us is scheduled for 25.04.
I have attached the certificate in blacked-out form. The image on page 11 is incorrect, please do not be confused by that. If further information is desired, please let me know. The report is a bit more extensive; I just did not want to upload 20 pages right away. I look forward to your assessments, I myself have to fight my way through a bit first.
1) Although it is a condominium-divided townhouse or apartment, the sound insulation requirements for a townhouse/semi-detached house must be met.
2) The requirements for increased sound insulation must be met. As an addition: Even the contractual clause "The company ### GmbH constructs the building measure according to sound insulation standard 4109. Increased sound insulation is expressly not agreed" is invalid and consequently, increased sound insulation was owed in this case.
3) Which exact sound insulation is owed must be determined based on the contract. This would typically be the appendix 2 of DIN 4109 or sound insulation levels II or III of VDI 4100 or DEGA recommendation 103 level A, that is something >= 67dB (airborne sound) and <=35-39 dB (impact sound).
Furthermore, the general contractor informed me (he probably is not allowed to, but the relationship between us is good) that he owes the developer the minimum standard according to DIN 4109 contractually and that this is fulfilled according to the sound insulation report by the facing shells. He also confirmed to me that increased sound insulation is not fulfilled by this. However, this concerns, and he is also correct, only the relationship between me and the developer. A joint appointment with the developer, general contractor, and us is scheduled for 25.04.
I would also be interested in the sound insulation certificate.
If it is available, you absolutely have to post it here (of course with addresses and names blacked out).
I have attached the certificate in blacked-out form. The image on page 11 is incorrect, please do not be confused by that. If further information is desired, please let me know. The report is a bit more extensive; I just did not want to upload 20 pages right away. I look forward to your assessments, I myself have to fight my way through a bit first.