A roof that cracks or pops when temperatures fluctuate may constitute a hidden defect that impedes normal use of the property. In such circumstances, the seller may be liable for repair costs. A thorough sound measurement and report is essential. The District Court of Midden-Nederland ruled on 30 April 2025 (ECLI:NL:RBMNE:2025:2117) that the seller was not liable for the roof repair costs, as the noise standard was exceeded mainly by other sounds.

Facts

After purchasing the property, the buyers were confronted with noise nuisance. During temperature fluctuations, popping noises occurred, which according to the buyers during the period from April through October particularly at night caused disturbance and sleep disruption. To support their position, the buyers commissioned a sound measurement. This investigation revealed that the limit value of 50 dB was exceeded during the night period. According to the buyers, this indicated a defect that hindered the normal use of the property.

Hidden defect

Under article 7:17 of the Dutch Civil Code, a residential property must possess the qualities that the buyer could reasonably expect based on the contract at the time of delivery. This includes suitability for normal use as a dwelling. Not every form of disturbance or nuisance prevents normal use of the property. What matters includes, among other factors, the severity, frequency and duration of the complaints, assessed in light of what a buyer could reasonably have expected. In practice, a sound measurement is therefore almost always carried out to quantify the severity of the nuisance. This was also the case in this matter.

Court ruling: sellers not liable for defect

The sound report showed that the 50 dB standard was exceeded as a result of the roof on average 1.26 times per night. Additionally, the report revealed that other sounds originating from the surrounding area led to exceedances more frequently than the popping noises from the roof. Against this background, the court ruled that there could be no question of a material impairment of the enjoyment of the property. The frequency of the exceedances caused by the roof was too limited for that. The fact that the buyers experienced the sounds as bothersome did not change this. For the seller to be held liable, the nuisance must be objectively sufficiently serious and structural in nature. This was not the case here. The court therefore concluded that the property complied with the contract. There was no breach of contract, so the seller was not liable for the alleged damages. The claim for compensation of €53,000 was dismissed.

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This ruling confirms the importance of proper sound measurement and reporting. It is not sufficient to focus solely on exceeding noise standards; it is equally important to demonstrate that the noise standard exceedances originate from cracking or popping roof panels.

If you have questions about popping roof panels, hidden defects or purchase agreements, you can contact me at jipvanvlokhoven@lawandpepper.com, or schedule an appointment at our office in Eindhoven. Would you like to stay informed on this topic? Follow the LinkedIn page of Law&Pepper Advocaten.