A roof that cracks or pops when temperature fluctuations occur is a common problem. In this final ruling by the District Court of Gelderland on 11 August 2021 (ECLI:NL:RBGEL:2021:4501), we represented the buyer of a property with a popping roof. The seller was ordered by the court to pay approximately €35,000 in compensation to our clients.

Popping roof home

Our clients purchased a property for €565,000 in October 2018. Almost immediately after completion in 2019, unexplained popping noises began occurring in the property. In an email dated 27 February 2019, the buyers informed the seller of this issue and asked whether the problem was known to them and how it could be resolved. The seller acknowledged that the popping noises had occurred previously but stated that the contractor had said there was little that could be done about it and that it posed no harm. On 20 March 2019, the buyers held the seller liable for this hidden defect in the roof.

The buyers subsequently commissioned technical investigation. This revealed that the fastening of the Unidek roof panels had not been carried out in accordance with specifications at multiple points. As a result, the roof structure was unable to accommodate the thermal behaviour of the roof panels, which caused cracking and popping noises in the property. The buyers also commissioned an acoustic investigation. In this investigation, popping noises were measured at approximately 79 dB(A). The report concluded that these noise levels are such that an average person could experience disturbance from them. The buyers called upon the seller to reimburse the repair costs and expert fees. In April, the District Court of Gelderland had already ruled that there was a hidden defect. The court gave the parties the opportunity to make further submissions regarding the repair costs.

Judgment on repair costs

The court ruled that our clients have sufficiently explained, with reference to Unidek's processing instructions, that the purlins do not comply with the currently applicable NEN standards (which have replaced the NEN standards prescribed in the processing instructions) nor with the condition laid down in those instructions for a strong, rigid and stable structure. The purlins are too light to prevent the roof panels from moving, which causes the popping noises. The judge rejected the seller's argument that the repair costs should take into account 'new for old', as the repair work concerns adjusting the roof structure and not replacing roof elements. The court awarded repair costs of €24,078.92 and the claimed expert costs of €5,872.74. The seller must also pay a legal costs allowance of €3,565.53.

Read here the full ruling.

Do you also suffer from a popping or cracking roof?

Are you experiencing similar problems with your roof and wondering whether you can take legal action? It is advisable to have your situation assessed in good time. We help clients with disputes over popping and cracking roof panels and can advise you on your position and – if necessary – take the appropriate steps towards the responsible party. Please feel free to contact us for an initial assessment of your case.