In this case handled by our firm, the Court of Gelderland ruled that a residential property with serious popping noises from the roof is not suitable for normal use as a dwelling. The buyer was successful in proceedings against the seller due to a hidden defect in the roof structure. This judgment is significant for buyers dealing with cracking roof panels, noise disturbance from roof elements or hidden defects following the purchase of a residential property.

What happened?

The buyers had purchased a property in 2018 for € 565,000. Shortly after delivery, they experienced loud popping noises from the roof, particularly during temperature fluctuations. When the buyers contacted the seller about this, he admitted that he had also experienced the popping sounds: "Yes, we sometimes had problems with that in spring."

The buyer subsequently commissioned investigations by a structural engineer and an acoustic consultant. The structural survey revealed that the Unidek roof panels had not been installed in accordance with the manufacturer's specifications. Among other things, fastening elements and structural components were missing, which meant the roof structure could not adequately absorb the movement of the roof panels. Additionally, Peutz conducted a comprehensive acoustic survey. Peak noise levels of over 80 dB(A) were recorded. It also emerged that the noises occurred dozens of times per day and night. According to Peutz, these popping sounds could lead to startle reactions, sleep disturbance and impairment of residential enjoyment.

Defence of the seller

The seller argued that the property could be used normally and that he himself had lived in the property for years without significant problems. He further contended that the sound measurements had been carried out during an exceptionally warm period, and that the results were therefore not representative in his view. The seller also claimed that the buyer could have noticed the popping noises during viewings and that subsequent work on the roof may have influenced the sounds.

Court ruling

The court rejected those defences. According to the court, the buyer had sufficiently demonstrated that there was serious and structural noise disturbance caused by the roof structure. The following were particularly relevant: (i) objective sound measurements, (ii) the high frequency of the popping noises, (iii) peak noise levels above 80 dB(A), (iv) the impact on sleep and rest, and (v) construction defects in the fixing of the roof panels. The court found that this substantially impaired the enjoyment of the property, particularly in the bedroom where uninterrupted sleep must be possible. It was therefore established that the property did not have the characteristics necessary for normal use as a residential dwelling.

Read the full judgment here.

Contact a construction law advocate?

Do you experience a ticking, cracking or popping roof after building or purchasing your home? Or are there other defects? Please feel free to contact us. Our office has expertise in this area and can connect you with parties who can assist you. Both in terms of building a file (what is the problem, cause, consequence, repair and repair costs) as well as in pursuing recovery of costs from the seller, contractor and/or architect.