Thursday, 1 May 2008

Lack of Legislation = Lack of Solution

  1. Start building a relationship with your neighbour
  2. Have a quiet word about the problem
  3. Have a stronger word: explain the impact on your family
  4. Employ mediation services
  5. Contact your local authority
  6. Contact abatement societies
  7. Take legal action

Above is the suggested trail for resolving a neighbour noise problem as posted by Noise Concern. Unfortunately, lack of any legislation regarding laminate flooring and noise means that any and all of these options could be fruitless.

Options 1-3 involve the owner of the flooring being willing to take responsibility for the noise issue. If the owner of the flooring is not willing to do this, has been led to believe an underlay is adequate, or has actually been told by an Environmental Health Officer that their neighbour "is just experiencing impact noise" - then any and all of the following options may be pointless suggestions.

Mediation Services are, by definition, meant to be impartial and unbiased. If people are not required by law to adequately soundproof laminate flooring, mediation appears to be simply a way for local authorities to wash their hands of the problem. The DEFRA study also noted that “Mediation was the most widely attempted mechanism for dealing with impact noise problems however it had the lowest success rating.

Since it does not appear that any local authority, nor any law, considers laminate flooring noise to be a nuisance, there is little hope of successful legal action. Research for this blog has thus far not found any examples of a case where a successful resolution to a laminate flooring noise problem was procured through the courts.

Essentially the law supports individuals in adversely affecting the health and lifestyle of neighbours, leaving people who live with this noise problem with no hope of a solution.

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