Legal Q&A: do I need to ask my neighbour before I sound proof my flat?

If the work will benefit them, and I'm paying, do I need to check with my neighbour before installing sound proofing in my flat?
Fiona McNulty7 October 2017

Question: My flat needs soundproofing because I enjoy playing music quite loudly and don’t want to cheese off my neighbours in the flat upstairs. I am not sure who owns the space between my flat and theirs. Can I just do the work, as it will benefit them especially as I do not expect them to pay towards the cost?

Answer: Check your lease, of course, as it should define the extent of the demised premises, ie your flat and the extent of the parts of the building that are retained by your landlord.

Long leases of residential property often provide that the whole building is retained by the landlord apart from the premises demised to the various lessees.

The lease will also usually define in some detail the main structure of the building, and that generally does include the areas below the floors and above the ceilings.

Your lease is also likely to state that prior written consent of the landlord, or a licence, is needed for alterations. If this is so, make the necessary application to your landlord for consent to install the soundproofing.

Generally such an application involves the lessee providing the landlord with full details of the intended works, details of materials to be used, plans and drawings and possibly a surveyor’s report.

Find out your landlord’s requirements and also tell your neighbour about your intentions.

If your flat is in a listed building, listed building consent may be needed.

If you have a question for Fiona McNulty,please email legalsolutions@standard.co.uk We regret that questions cannot be answered individually, but we will try to feature them here. Fiona McNulty is a solicitor specialising in residential property.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

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