convenant prohibiting wood flooring!

de1amo

İ live on the 3rd floor of a block of freehold flats. We self manage it.
The block was built in 1969 and there was a convenant prohibiting wooden flooring and total living area carpetting as a must.

Obviously now floor systems have developed that prevent noise problems from wood floors---we are now freehold and do you think i have validity to challenge the covenant?

İ know little about the advances made on the flooring side.

Tr1pp

yeah thats seems to be common covenant in flats (more so in those with high rate of elderly occupants) I would suspect you have some ability to question / change this covenant as you own the freehold but im not sure.

do you have a concrete floor that separates you and your downstairs neighbour? If you do then I would put down wood with some sound dampening underlay and they wont be able to tell.

If you have wood floor boards it will be harder to but not too difficult, it may require some insulation / acoustic foam being fixed under the floor boards.

Technically it is up to the person / company who stipulated the covenant to enforce it but if they are not around or have no link to the property any more then their is nothing anyone else can do about it...(im sure thats how it works anyway)

Yolina

We have the same rule in place in our development (1990 build so concrete floors) though in effect, as we are also the freeholders, our approach is that people can have wooden floors at their own risk - so basically if any neighbour complains about noise resulting from the change in flooring then carpet must be reinstated (and this has actually happened a few times as far as I know) The noise that can potentially be generated doesn't just depend on how well the flooring is installed but how people walk, what shoes etc so a lot of variables as sound will be transmitted through the walls as well.

de1amo

The block has concrete floors and the dividing walls are very sound 'proof'- i thought the cushioning under the flooring was totally absorbing??---my wife is Turkish which means we never wear shoes indoors but you cant force that on guests!!--the old ladies below are as deaf as posts and their tv is a pest but doesnt go on til late!! ---the block is managed by the older generation but the youth's are invading!---its the AGM next week but i cant attend-damn!

Yolina

Sound does travel up too! It's transmitted along the floor to the walls really. The guys that used to own the flat partly below mine had wooden floor put in years ago and I never heard a thing, but since they sold, and the new owners moved in I can sometimes hear the tell-tale sound of people walking on wooden floor, but it's not so often that I'm particularly bothered by it. I'm pretty sure that in most case where people were told to reinstate carpet were ones where ownership had changed and the new occupants weren't being considerate (I have to say we're quite tough on noise but at the same time we're being sensible I think by letting people do things and as long as it doesn't create problems then that's fine)

Edit: I'm sure that using the right materials will probably minimise any noise - whether that's good enough for wooden floors to be officially allowed, I don't know! I know our Board was looking into it a couple of years ago to try and draw some definite rules but then decided that the "at your own risk" system was still the way to go

de1amo

i dont even live in the flat--its my wife's friend living in there at the moment that wants to install it--he's turkish and willing to pay for it! Turks dont like carpet on hygene grounds--i live in Turkey where every flat has wooden floors and concrete construction and never hear the neighbours!

Yolina

yeah I know what you mean, I'm French, we're not too keen on carpet either! Still can't quite get used to having carpet in the living room after nearly 20 years in the UK I guess people from countries where "carpet everywhere" isn't the norm are maybe more careful because there are aware of the potential nuisance it can create.

de1amo

no one ever thinks to wear shoes in other people's houses here-even the tradesmen! we have loads of pairs of slippers for guests (and different for trades!!)----my wife is horrified by the wearing of shoes at home!--the dirty outside trudged inside!!--its nothing to do with muslim!

27col

We never wear outdoor shoes in our house and we expect visitors to remove theirs as well. Most people are happy enough to accede to our request.
When we visit our Spanish friend locally, I take a pair of slippers with me as her house is usually very cold.

de1amo

My ex wife was spanish and she never imposed none shoe wearing at home on me--Turks are muslims and it goes with the mosque habit to remove shoes(not that women ever go to mosque!)--this makes me sound like a man who has got about!! just the 2 wives!!

Poosmate

If there is a covenant on your property it will be mentioned in the deeds of the property and your solicitor should have explained the implications of this when you bought the place.

Those who have decided on the "at your own risk" have done so because they know they will win any court case brought about due to the inconsideration of those who have gone against the covenant.

You may also want to consider the implications should you wish to sell in the future. The potential purchasers solicitor will explain the covenant to them and it may put them off or they may ask you to reduce the price to compensate them having to re-carpet (even though most people rip out existing carpets anyway).

Personally, I think if people want wooden floors they should go live in a log cabin in the woods! My neighbours have laminate/wood flooring (a rental property) and young men are the worst! They always, without fail, have loads of loose change in their trouser pockets when they get home at 3am in the morning from clubbing and never empty their pockets before taking their trousers off when they go to bed! The noise of it clattering about the floor is enough to give you heart attack!!

Poo