Noise pollution and homeowners' associations: who pays for the insulation?

Questioner

We live in a house that is split into two apartment rights. The ground floor (1 residential unit) is a former business space with an uninsulated ceiling. We are the residents of the other residential unit, which consists of the 1st, 2nd and 3rd floors. Our floor on the 1st floor is a wooden floor laid in 2000, insulated with 1 cm of green felt underneath. The owner of the ground floor is experiencing noise nuisance from us. He has an uninsulated ceiling and wants to recover the costs for insulating it from the VVE. Are these types of costs normally borne by the VVE? And: due to the distribution key in VvE contributions, we would bear 3/4 of these costs ourselves. Is that reasonable?

Lawyer

Most division regulations only set requirements for floor insulation and not for ceiling insulation. In addition, it is generally stated that existing situations at the time of the division must be tolerated. The question is whether the floor was already present when the property was divided. If this is the case and the deed of division or the regulations declared applicable therein contain such a provision, then the costs are for the account of the owner of the ground floor. If the floor was installed after the division and it turns out that insufficient sound insulation was installed, it could even be argued that the floor should be removed or that better insulation should be installed at the expense of the owner of the apartment in which the floor is located. In short, what is important is when the division took place and what has been determined on this subject in the division deed or the regulations referred to in the division deed.

Questioner

Thank you very much for your answer. The split was done in 1999. My floor dates from 2000 and replaces an uninsulated laminate floor. The current floor is insulated. I have just requested the deed of split.