TOWN AND COUNTRY PLANNING ACT 1990 SECTION 78 APPEAL

BY

THE WELLINGTON PUB COMPANY PLC

PROOF OF EVIDENCE – PLANNING REBUTTAL TO LPA’S PROOF OF EVIDENCE

MARK BATCHELOR BSc (Hons), MSc, MRTPI

THE WHITE HART, 184 NEW CROSS ROAD, LONDON, SE14 5AA

PINS REF: APP/C5690/W/19/324119 LPA REF: DC/18/106613

3 MARCH 2020

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Rebuttal of LPA’s Planning Evidence | The White Hart, 184 New Cross Road, SE14 5AA

Report Control

Project: The White Hart Client: The Wellington Pub Company Reference: 17.5061 File Origin: J:\17.5061\4 Boyer Planning\4.02 Reports\Appeal Primary Author DT Checked By: MB

Issue Date Status Checked By 1 03/03/2020 Final MB

1. PLANNING REBUTTAL TO LPA’S PROOF OF EVIDENCE

1.1 This rebuttal statement should be read in accordance with my initial proof of evidence dated 18 February 2020 and submitted to PINS on the same date. It seeks to address and clarify the statements made in the Council’s Planning Proof of Evidence (PoE). It will primarily comment on the Agent of Change principle, where the Council, in paragraph 10.4 of their PoE, consider this to be relevant in this instance by virtue of the necessity for conditions to be imposed on the public house to prevent adverse noise and disturbance to future residents. Intend to Publish London Plan policy D13 (Agent of Change), in line with NPPF paragraph 182, states that development should be designed to ensure that established noise and other nuisance-generating uses can continue to operate or grow without having unreasonable restrictions placed on them.

1.2 My view is that the application of the Agent of Change principles is misconceived as hotel use and residential C3 use are held to the same noise standards. Section 4 of the Appellant’s Noise PoE, prepared by KP Acoustics and submitted to PINS on 18 February 2020, evidences that a hotel bedroom would constitute a ‘room in residential use’ within the meaning of British Standard document BS8233:2014 ‘Sound insulation and noise reduction for buildings’. This is by virtue that for the duration of the guests’ stay they would be entitled to a level of amenity as would be expected in a standard residential environment, and in particular a bedroom during the hours when they would reasonably be expected to be asleep. A relevant extract from BS8233 outlining this is included in Appendix 3 of the Appellant’s Noise PoE, dated 18 February 2020.

1.3 The proposal will improve the situation at the Site by installing noise insulation, where none currently exists and combined with the use of appropriately worded conditions, would allow the pub operation to continue beyond 11pm.

1.4 There is no fundamental change in the way the uppers are used which will affect the White Hart Pub. For either the existing or proposed instances, occupants of the upper floors above the pub are entitled to an acoustic environment which enables them to sleep. The pub is already causing a nuisance to hotel occupiers in breach of its lease and licence as explained in my initial PoE dated 18 February 2020.

1.5 Agent of Change policy applies to new development and ensures that it can be integrated effectively with existing businesses (para 182 NPPF). The Appellant owns the freehold of the entire Property and operates a noise sensitive hotel use on the upper floors. The noise emitted from the pub which is operated by the tenants’ is regulated by the terms of their lease (of which they are currently in breach, as noted at paragraph 1.19 to 1.20 below). The Appellant as freeholder owner of the pub is therefore entitled by private law to control the operation of the pub as they see fit in accordance with the terms of their lease. This is a decision that may be taken by the Appellant as freehold owner of the site without consultation with the local planning authority. As a tenant of the pub the current operators have never had the freedom to lawfully create noise nuisance.

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Rebuttal of LPA’s Planning Evidence | The White Hart, 184 New Cross Road, SE14 5AA

1.6 The purpose of the Agent of Change principle is not to protect those who are emitting noise unlawfully, it is to prevent bona fide cultural uses from being disrupted by new noise sensitive uses. Applying the Agent of Change policy in this way would on the face of it undermine the Appellants private rights to control the use of its property. However, in reality it would not lead to the protection of the existing cultural use, because private law could be used to sanction the noise emitting use for breach of lease.

Agent of Change

1.7 It is important to recognise that the wording in the London Plan and the NPPF is about managing change, not preventing it. It requires new developments to respond to surrounding uses where the introduction gives rise to impacts upon the way in which existing businesses operate and demonstrate how noise impacts will be mitigated and managed. Through the use of conditions and the implementation of the options specified in the Revised Planning Strategy (letters dated 30 January 2020 and 12 February 2020) and explained in the Planning PoE and Noise PoE (both dated 18 February 2020), the proposal complies with these policy objectives as mitigation measures based on acoustic surveying and evidence will be installed.

1.8 This mitigation will ensure the proposal is effectively managed and will be a significant improvement on the current situation. Such measures are required irrespective of whether or not the use of the upper floors is hotel or residential as they are held to the same noise standards as set out in section 4 of the Appellant’s Noise PoE.

1.9 In terms of sound insulation requirements, which paragraph 1.2 above touches on, Building Regulations Document E ‘Resistance to the Passage of Sound’ classifies flats as ‘dwelling houses’ and hotels as ‘rooms for residential purposes’. Please see extract from Document E as APPENDIX 1. Internal noise requirements from external sources are treated the same for both uses and internal noise transfer, when the different uses are operated separately, are treated in a similar fashion. In this instance separating floor treatments are required to be the same standard for both uses.

1.10 As a result the noise levels generated by the pub are too high for the existing approved hotel use to provide acceptable sleeping accommodation. The Council appears to suggest, in paragraph 10.6 to 10.10 of its PoE, that the existing pub operation is not incompatible with the current approved hotel use on the upper floors. Paragraphs 3.6-3.8 of the Appellant’s Noise PoE sets out that the same intolerable environment created by the pub would exist for the hotel users as well as for the proposed residential occupiers, with the additional concern that no insulation currently exists between the ground and first floors of the premises.

1.11 KP Acoustics confirm in Section 3 of their PoE that current noise levels being generated within the public house would constitute a significant breach in acceptable noise levels when considering the existing hotel use or proposed residential use. While this breach could have been managed by way of a suitably worded condition, the Council were unwilling to impose such a condition by virtue of it curtailing the current operations of the pub.

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Rebuttal of LPA’s Planning of Evidence | The White Hart, 184 New Cross Road, SE14 5AA

1.12 The Appellant’s Noise PoE makes clear that the level of noise emanating from the property creates an unsuitable environment for people to sleep due to the significant exceedance in the recommended internal noise levels during night-time hours as stipulated in BS8233:2014. This is described in further detail in section 4 of the Appellant’s Noise PoE. Excessive noise is an issue at the property in terms of both its current and proposed use and noise attenuation is therefore necessary in any event. It is the Appellant’s acoustician’s professional opinion that steps to ensure compliance with the Noise Rating targets (which provide an absolute limit value in each single octave frequency band, as explained in more detail in section 4 of the Appellant’s Noise PoE) used for the three options of the Revised Planning Strategy (30 January and 12 February 2020) would be appropriate in ensuring the amenity of existing hotel guests and/or future residents.

1.13 The measured acoustic environment within the upper floors is unequivocal – i.e. that the pub operations would be considered a nuisance to the hotel use and adjoining premises and is in breach of the Tenants’ Lease obligation, as cited in paragraphs 1.19-1.20 below.

1.14 Agent of Change principles place the responsibility for mitigating the impact of noise on the new development if it creates the impact which warrants such measures, rather than the existing noise generating use. The hotel use, approved in February 2005, was approved with the public house use already established and at a time when new developments were not responsible for mitigating the impact of noise. The impact has arisen from the manner in which the public house tenants have chosen to operate which, as the reason for refusal recognises, is incompatible with persons seeking to sleep above it.

1.15 Therefore, the number of complaints received is of little relevance, the point is that a current residential noise sensitive use operates on the site already and the proposal would not change this. As mentioned above, the Appellant’s Noise PoE evidences that the pub operation surpasses acceptable noise standards and the current noise levels being generated within the public house would constitute a breach in acceptable noise levels for the existing hotel use. The provision of independent flats would not introduce a new noise sensitive use on the site. The proposal would instead improve the situation on the Site through the installation of noise mitigation. The proposed mitigation would be in accordance with Intend to Publish London Plan policy D13 (Agent of Change) and NPPF paragraph 182 and would be a requirement to ensure a satisfactory sleeping environment for the existing hotel use and / or the proposed residential flat use.

1.16 The Council, in paragraph 10.10 of its PoE quotes NPPF paragraph 182, which states that: “Where the operation of an existing business or community facility could have a significant adverse effect on new development (including changes of use) in its vicinity, the applicant (or ‘agent of change’) should be required to provide suitable mitigation before the development has been completed”.

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Rebuttal of LPA’s Planning Evidence | The White Hart, 184 New Cross Road, SE14 5AA

1.17 Nevertheless, the Appellant, who is the owner of the pub and the upper floors, has an obvious commercial interest to enable the tenant to continue to provide a successful pub use as well as to ensure the beneficial occupation of the upper floors (whether or not that is in residential or hotel use) and therefore has suggested conditions which will enable a better relationship to be developed between the pub and the upper floors. This complies with the spirit of the London Plan in terms of being a reasonable restriction but is not actually necessary on the basis that the Agent of Change principle simply does not apply. The proposed solutions will balance amenity and heritage considerations whilst enabling the pub to operate beyond 11pm, albeit not with intolerable loud DJ music which it is not currently entitled to do under its license and tenancy. The pub and the upper floors are already operated as separate business and the proposal will result in an improvement for all uses on the site because the noise insulation will allow the pub to have a more viable long term future while protecting the amenity of occupiers of the upper floors.

1.18 The Council, in paragraph 10.12 and 10.13 of its PoE considers the necessary mitigation proposed as part of the appeal scheme would amount to an unreasonable restriction of the existing land use. This is misconceived, as by virtue of the evidence above and in the Appellant’s Noise PoE, hotel and residential uses are subject to the same noise standards. The proposed mitigation is therefore not only reasonable, it is required to create an acceptable environment for both the existing hotel use and proposed residential use in line with the NPPF and London Plan.

1.19 To reiterate the Agent of Change principle is not relevant by virtue of the existing noise sensitive hotel use and the fact that the development does not affect third party owned operations as the Appellant owns both the pub and the upper floors. As a result there would be no unreasonable restrictions proposed on the existing land use and it is a commercial decision taken by the freeholder. The proposal is demonstrating a pro-active management of the site that will enable the pub to operate without any restrictions up until 11pm, as it does now, with the proposed noise mitigation measures designed to enable the pub to continue to operate beyond 11pm.

1.20 We know that the tenant is already on formal notice of the breach of the lease and premises licence and has been notified that action can be taken against the pub operation in the absence of the proposed development. This is because under the terms of the Lease, the Tenants are obliged; “Not to do or permit upon the Premises anything which may be or become a riotous assembly, a nuisance or annoyance or danger or in any other way offensive in the reasonable opinion of the Company and to ensure that the Premises are in every respect managed and operated in a lawful manner”.

1.21 Annex 2 of the Premises Licence for the Pub (reference PL 0572) appended to the Revised Planning Strategy Letter dated 12 February 2020 at Appendix 1, contains the following condition of which the Tenants are in breach: “No noise shall emanate from the Premises nor vibration be transmitted through the structure of the Premises which gives rise to a nuisance.”

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Rebuttal of LPA’s Planning of Evidence | The White Hart, 184 New Cross Road, SE14 5AA

1.22 The Council, in paragraph 10.11 of its PoE, references the London Plan’s Culture and Night Time Economy SPG that highlights that occupants of independent residential accommodation have a higher expectation of amenity than other residential uses such as ancillary accommodation occupied by the pub’s staff or management. The approved hotel use on the upper floors is not ancillary accommodation as it is a separate hotel business, operating under an express grant of planning permission, approved on 16 February 2005 under planning permission DC/04/058030/X and Listed Building Consent DC/04/058029/X. As evidenced in the Appellants Nosie PoE, internal noise transfer when the different uses are operated separately are treated in a similar fashion and that separating floor treatments are required to be the same standard for both uses.

1.23 The Council in Paragraph 10.14 of its PoE, states that established noise generating uses need to remain viable and able to continue to grow without unreasonable restriction being placed on them, in accordance with Intend to publish London Plan policy D13. The Council questions the long term viability of the pub if market conditions change, albeit without any evidence. The Revised Planning Strategy gives the pub flexibility to operate in a number of ways as it would not reduce the current opening hours of pub.

1.24 The Council, in paragraph 11.3 of its PoE, lists the pub’s live music and late night entertainment offer. The proposal, under the Revised Planning Strategy would not restrict these activities taking place at the pub, but instead would better manage them to the benefit of existing and proposed residential neighbours.

1.25 The proposal would comply with Policy D13 as the pub would be protected and would remain viable. Significant investment would also be made to the pub, a positive impact that should not be overlooked. The investment would include the installation of noise mitigation, which would be one of the best interventions to ensure the long term success and long term viability of the pub.

1.26 This investment, which will only be provided should the proposal receive planning permission, would accord with Intend to Publish London Plan policies HC5 (Supporting London’s cultural and creative industries), HC6 (Supporting the night-time economy), HC7 (Protecting public houses) and the London Plan Culture and Night Time Economy SPG as the pub would be protected, supported and enhanced. It is important to acknowledge that the above policies do not and cannot dictate how a commercial business should operate. The proposal ensures the pub will be retained and enhanced and will continue to be a cultural venue that contributes to the night time economy of New Cross in accordance with Intend to publish London Plan HC5, HC6 and HC7.

1.27 In summary, the Agent of Change principles would not be relevant in this instance by virtue of the noise nuisance being actionable now as a result of the separate current authorised hotel use and the fact there is no third party owned operations. However, the Appellant is surpassing policy requirements by improving the situation by providing noise insulation and proposing reasonable controls on the pub use to allow both to co-exist.

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Rebuttal of LPA’s Planning Evidence | The White Hart, 184 New Cross Road, SE14 5AA

1.28 The Agent of Change requirement in the London Plan and NPPF is not relevant. More over the Appellant does not seek to impose any unreasonable restrictions onto the pub and instead proposes sound proofing mitigation.

The viability of the existing use and Character of New Cross

1.29 The Council’s PoE identifies a number of independent, late night music venues within the surrounding area and in paragraph 12.9 refers to the character of New Cross being made up of a number of such venues that support one another and which has resulted in an “integrated eco-system of late night activity” in New Cross. This somewhat goes against the Council’s reason for refusal, which states that the White Hart is of “unique and intrinsic character”.

1.30 This evidence would seem to suggest that the White Hart is not of unique and intrinsic character, however, nevertheless, under the proposal it would continue to contribute to the night time economy, support the wider night time economy offering and be a part of the “integrated eco-system of late night activity.”

1.31 The Council, in paragraph 11.18 of its PoE, describes how boroughs should manage clusters of uses that can contribute to an area’s sense of place. Paragraph 12.10 of the Council’s PoE describes that New Cross/New Cross Gate District Centre is divided into two sections on the policies map, an eastern section and a western section, which are separated by a small section of houses. Paragraph 12.10 says the White Hart is located in the western section and in referring to the District Centre like this, the Council appears to be treating the two sections as separate entities. This is not how they are treated in planning policy. The Local Plan treats the District Centre as one centre and does not distinguish between east and west.

1.32 Policy 6 (Retail hierarchy and location of retail development) of Lewisham Core Strategy (2011) and Policy DM14 (District Centres Shopping Frontages) of Lewisham Development Management Local Plan (2014) lists seven District Centres in the Borough, designating New Cross/New Cross Gate District Centre as one centre. Paragraph 6.43 of the Core Strategy describes that “the existing New Cross District Centre is combined with the adjoining New Cross Gate to become a larger district centre within the retail hierarchy” and that “combining the two centres will help strengthen their role and function to provide goods and services to the local area.” Policy DM14 in other regards is not overly relevant in this instance as its aim is to protect shops (A1 Use Class) and the primary retail function of the district centres.

1.33 Paragraph 6.43 of the Core Strategy describes New Cross/New Cross Gate District Centre as having a “role within the night economy” and its relationship to the adjoining Goldsmiths College contributing to “the area’s vitality and viability”. This reference to the District Centre is again as one centre.

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Rebuttal of LPA’s Planning of Evidence | The White Hart, 184 New Cross Road, SE14 5AA

Floor upgrade options

1.34 Table 1 below provides a summary of the three options set out in our Revised Planning Strategy and provides a direct comparison between the three proposed options and the originally proposed option submitted at application stage. By setting out the options into a table it is hoped this provides a clearer comparison between them.

Table 1: Revised Planning Strategy - Summary of Option 1 Option 2 Option 3 Original proposed upgrade works proposal

Upgrade to flooring at first floor level Yes Yes Yes No

Upgrade to pub ceiling at ground floor level Yes No No No

Height of new raised first floor level above existing 190mm 190mm 74mm 35mm** floor level*

Proposed upgrade works will comprise the following:

Removal of the existing floorboards to allow the joist Yes Yes Yes Yes void to be cleared of debris and the installation of 150mm mineral wool insulation (density 60kg/m3)

Reinstallation of existing floorboards in their current No No Yes Yes location

Possible retention of existing floorboards above or Yes Yes N/A N/A below the resilient timber battens and cementitious boards (if required for heritage reasons)

Installation of 2x20mm cementitious boards fixed Yes Yes No No direct to the existing joists (or original floorboards, should they be retained)

Installation of a new batten/cradle system, or resilient Yes Yes No No timber battens, to create a void of approx. 85mm, which would be filled with 75mm mineral wool insulation (density 60kg/m3)

Installation of 2x20mm cementitious boards fixed to Yes Yes No No the new batten/cradle system, and would create the new walking surface within the first floor

Installation of high performance composite acoustic No No Yes No deck, such as JCW Acoustic Deck 37 (comprised of 15mm resilient layer bonded to 22mm cementitious board)

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Rebuttal of LPA’s Planning Evidence | The White Hart, 184 New Cross Road, SE14 5AA

Installation of 18mm cementitious board above high No No Yes No performance acoustic deck and exiting floor joists and would create the new walking surface within the first floor

Removal of existing ceiling within the ground floor bar Yes No No No to allow the installation of resilient bars perpendicular to the joists, with 2x15mm high density plasterboard (Fermacell, or similar) as the new ceiling linings.

Proposed Upgrade works will result in the following outcomes

Pub able to operate beyond 11pm with no music Yes Yes Yes No

Pub able to operate beyond 11pm with low level Yes No No No background music

The use of a noise limiter would be effective in Yes Yes No*** No*** limiting noise levels to NR20 internal noise target

* Includes 15mm allowance for floor finishes ** Which includes 20mm Versapanel and 15mm allowance for finishes overlaid on top of existing floor boards *** In this case, music would not be permissible as it could not be sufficiently controlled via a noise limiter

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Rebuttal of LPA’s Planning of Evidence | The White Hart, 184 New Cross Road, SE14 5AA

APPENDIX 1 – EXTRACT FROM BUILDING REGULATIONS DOCUMENT E ‘RESISTANCE TO THE PASSAGE OF SOUND’

The following extracts, which comprise the first 18 pages of the above document, confirm hotels being referred to as “rooms for residential purposes” and that they are treated the same as dwelling houses and flats in noise transfer terms.

Please refer to the following pages and paragraphs (all pages refer to the document pages unless otherwise stated):

Page 2 of the PDF file, paragraph 6

Page 5, paragraph 5

Page 5, paragraph 6

Page 8, last paragraph in The Requirements box

Page 9, paragraph 1

Page 9, paragraph 2, point h. and i.

Page 11, paragraph 1

Page 14, paragraph 0.9

Page 18, paragraph 1.35

Page 18, paragraph 1.41, point 2.

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ONLINE VERSION

The Building Regulations 2010 The Building (Approved Inspections etc) Regulations 2010 Resistance to the passage of sound

APPROVED DOCUMENT E1 Protection against sound from other parts ofE the building and adjoining buildings E2 Protection against sound within a dwelling-house etc E3 Reverberation in the common internal parts of buildings containing flats or rooms for residential purposes E4 Acoustic conditions in schools Regulation 41 The Building Regulations 2010 Regulation 20(1) and (5) The Building (Approved Inspections etc) Regulations 2010

3 and 2015 2003 edition For use in England* incorporating 2004, amendments ONLINE VERSION 2010, 201 ONLINE VERSION

MAIN CHANGES MADE TO THE MAIN CHANGES MADE BY THE 2003 EDITION BY INCORPORATING 2010 AMENDMENTS AMENDMENTS 2004† The main changes reflect the Building Regulations 2010 and Building (Approved Inspectors etc.) This edition of Approved Document E, Resistance Regulations 2010. to the passage of sound, supersedes the original 2003 edition by incorporating the changes made There were no changes to Part E of Schedule 1 to by Amendments 2004 (issued in June 2004) to the Building Regulations 2010. Approved Document E 2003. Minor corrections and clarifications have also been made, but there MAIN CHANGES MADE BY THE is no new information. 2013 AMENDMENTS Part E in Schedule 1 to the Building Regulations The main changes, which apply only to England*, 2000 (as amended) came into force on 1 July 2003. were to materials and workmanship. At the same time a new regulation 20A was There were no changes to Part E of Schedule 1 to introduced into the Building Regulations 2000, the Building Regulations 2010. and a new regulation 12A was introduced into the Building (Approved Inspector etc) Regulations CHANGE MADE BY THE 2000. Regulations 20A and 12A introduced pre-completion testing for sound insulation 2015 AMENDMENT as a means of demonstrating compliance. The change, which applies only to England*, from Pre-completion testing has applied to rooms for 6 April 2015, is an update of the reference to residential purposes, houses and flats formed by standards for schools. conversion of other buildings since 1 July 2003, and to new houses and flats from 1 July 2004. Also, from 1 July 2004, use of robust details in new houses and flats has been accepted as an alternative to pre-completion testing. Robust details are high performance separating wall and floor constructions (with associated construction details) that are expected to be sufficiently reliable not to need the check provided by pre-completion testing. The introduction of robust details has necessitated the amendment of regulations 20A and 12A. The amendments have been made by the Building (Amendment) Regulations 2004 and the Building (Approved Inspector etc) (Amendment) Regulations 2004. Regulations 20A and 12A were reproduced in Approved Document E, original 2003 Edition; and so amended versions have been included in this edition. Section 0 of Approved Document E, original 2003 Edition, has been amended in this edition to explain the use of robust details and Annex E has been added for the same reason. The original 2003 edition of Part E introduced a new class of dwelling known as a room for residential purposes, which covers hostel types of accommodation and hotel rooms. The expression ‘room for residential purposes’ is defined in Regulation 2 of the Building Regulations 2000 and the definition was reproduced in Approved Document E, 2003. However, the definition has been interpreted in different ways by building control bodies, particularly in respect of student halls of residence, and it has, therefore, been clarified, by means of the Building (Amendment) Regulations 2004, and the clarified version has been reproduced in this edition. *This Approved Document gives guidance for compliance with the Building Regulations for building work carried out in England. It also †On this page, references to the 2000 Regulations applies to building work carried out on excepted have not been updated to reflect changes in the energy buildings in Wales as defined in the Welsh 2010 Regulations. Ministers (Transfer of Functions)(No 2) Order 2009.

ONLINE VERSION ONLINE VERSION E Contents

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Introduction to amendments 2004 5 Corridor walls and doors 22 Refuse chutes 22 Use of guidance 6 Wall type 1: solid masonry 22 The Approved Documents 6 Junction requirements for wall type 1 24 Limitation on requirements 6 Wall type 2: cavity masonry 28 Materials and workmanship 6 Junction requirements for wall type 2 30 The Workplace (Health, Safety and Welfare) Regulations 1992 7 Wall type 3: masonry between independent panels 33 The Requirements 8 Junction requirements for wall type 3 36 Section 0: Performance 12 Wall type 4: framed walls with absorbent material 39 Performance standards 12 Junction requirements for wall type 4 40 Section 1: Pre-completion testing 16 Section 3: Separating floors and associated Introduction 16 flanking constructions for new buildings 42 Grouping 16 Introduction 42 Sub-grouping for new buildings 16 Junctions between separating floors Sub-grouping for material change of use 17 and other building elements 42 Sets of tests in dwelling-houses Beam and block floors 43 (including bungalows) 17 Mass per unit area of floors 43 Sets of tests in flats with separating Ceiling treatments 43 floors but without separating walls 17 Floor type 1: concrete base with ceiling Sets of tests in flats with a separating and soft floor covering 44 floor and a separating wall 17 Junction requirements for floor type 1 45 Types of rooms for testing 17 Floor type 2: concrete base with Sets of tests in rooms for residential purposes 17 ceiling and floating floor 48 Properties sold before fitting out 17 Floating floors (floating layers Normal programme of testing 17 and resilient layers) 49 Action following a failed set of tests 18 Junction requirements for floor type 2 51 Remedial treatment 18 Floor type 3: timber frame base with ceiling and platform floor 53 Material change of use 18 Junction requirements for floor type 3 54 Approved manner of recording pre-completion testing results 18 Section 4: Dwelling-houses and flats formed by material change of use 57 Section 2: Separating walls and associated flanking constructions for new buildings 20 Introduction 57 Introduction 20 Work to existing construction 58 Junctions between separating walls Corridor walls and doors 58 and other building elements 20 Wall treatment 1: independent panel(s) Mass per unit area of walls 21 with absorbent material 59 Plasterboard linings on separating Floor treatment 1: independent ceiling and external masonry walls 21 with absorbent material 60 Cavity widths in separating cavity Floor treatment 2: platform floor with masonry walls 21 absorbent material 61 Wall ties in separating and external Stair treatment: stair covering an cavity masonry walls 21 independent ceiling with absorbent material 62 Junction requirements for material change of use 62

Approved Document E Resistance to the passage of sound ONLINE VERSION 1 E CONTENTS ONLINE VERSION

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Section 5: Internal walls and floors A2 Formula for calculation of wall leaf mass for new buildings 64 per unit area 73 Introduction 64 A3 Simplified equations 73 Doors 64 A4 Mass per unit area of surface finishes 74 Layout 64 A5 Mass per unit area of floors 74 Junction requirements for internal walls 64 Annex B: Procedures for sound Junction requirements for internal floors 64 insulation testing 75 Internal wall type A: Timber or metal B1 Introduction 75 frames with plasterboard linings on each B2 Field measurement of sound insulation side of frame 64 of separating walls and floors for the purposes Internal wall type B: Timber or metal of Regulation 40 and Regulation 20(1) & (5) 75 frames with plasterboard linings on each B3 Laboratory measurements 76 side of frame and absorbent material 65 B4 Information to be included in test reports 77 Internal wall type C: Concrete block wall, plaster or plasterboard finish on both sides 65 Annex C: Glossary 78 Internal wall type D: Aircrete block wall plaster or plasterboard finish on both sides 65 Annex D: References 80 Internal floor type A: Concrete planks 66 D1 Standards 80 Internal floor type B: Concrete beams with D2 Guidance 80 infilling blocks, bonded screed and ceiling 66 D3 Legislation 81 Internal floor type C: Timber or metal joist, with wood based board and plasterboard Annex E: Design details approved ceiling, and absorbent material 66 by Robust Details Ltd 82

Section 6: Rooms for residential purposes 67 DIAGRAMS Introduction 67 0.1 Requirement E1 14 Separating walls in new buildings containing 0.2 Requirement E2(a) 15 rooms for residential purposes 67 0.3 Requirement E2(b) 15 Corridor walls and doors 67 2.1 Types of separating wall 20 Separating floors in new buildings containing 2.2 Wall type 1.1 23 rooms for residential purposes 67 2.3 Wall type 1.2 23 Rooms for residential purposes resulting from a material change of use 67 2.4 Wall type 1.3 24 Junction details 68 2.5 Wall type 1 – external cavity wall with masonry inner leaf 24 Room layout and building services design considerations 68 2.6 Wall type 1 – bonded junction – masonry inner leaf of external cavity Section 7: Reverberation in the common wall with solid separating wall 25 internal parts of buildings containing 2.7 Wall type 1 – tied junction – external flats or rooms for residential purposes 69 cavity wall with internal masonry wall 25 Introduction 69 2.8 Wall type 1 – position of openings in Method A 69 masonry inner leaf of external cavity wall 25 Method B 69 2.9 Wall type 1 – external cavity wall with timber frame inner leaf 26 Report format 70 2.10 Wall type 1 – internal timber floor 26 Worked example 70 2.11 Wall type 1 – internal concrete floor 26 Section 8: Acoustic conditions in schools 72 2.12 Wall type 1 – concrete ground floor 27 Annex A: Method for calculating mass 2.13 Wall type 1 – ceiling and roof junction 27 per unit area 73 2.14 External cavity wall at eaves level 27 A1 Wall mass 73 2.15 Wall type 2.1 28

Resistance to the passage of sound Approved Document E 2 ONLINE VERSION CONTENTS ONLINE VERSION E

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2.16 Wall type 2.2 29 3.9 Floor types 1.1C and 1.2B – wall type 2 47 2.17 Wall type 2.3 29 3.10 Floor type 1.1C – wall types 3.1 and 3.2 48 2.18 Wall type 2.4 30 3.11 Floating floors (a) and (b) 49 2.19 Wall types 2.1 and 2.2 – external 3.12 Floor type 2.1C(a) – floor type 2.1 with cavity wall with masonry inner leaf 30 ceiling treatment C and floating floor (a) 50 2.20 Wall types 2.3 and 2.4 – external cavity 3.13 Floor type 2.1C(b) – floor type 2.1 with wall with masonry inner leaf – stagger 31 ceiling treatment C and floating floor (b) 50 2.21 Wall type 2 – tied junction – external 3.14 Floor type 2.2B(a) – floor type 2.2 with cavity wall with internal masonry wall 31 ceiling treatment B and floating floor (a) 50 2.22 Wall type 2 – external cavity wall 3.15 Floor type 2.2B(b) – floor type 2.2 with with timber frame inner leaf 31 ceiling treatment B and floating floor (b) 50 2.23 Wall type 2 – internal timber floor 32 3.16 Floor type 2 – external cavity wall with masonry internal leaf 51 2.24 Wall type 2 – internal concrete floor and concrete ground floor 32 3.17 Floor type 2 – floor penetrations 52 2.25 Wall type 2 – ceiling and roof junction 32 3.18 Floor types 2.2B(a) and 2.2B(b) – wall type 1 52 2.26 External cavity wall at eaves level 33 3.19 Floor type 2.1C – wall type 3.1 and 3.2 52 2.27 Wall type 3.1 with independent composite panels 34 3.20 Floor type 3.1A 53 2.28 Wall type 3.1 with independent 3.21 Floor type 3 – floor penetrations 55 plasterboard panels 34 3.22 Floor type 3 – wall type 1 55 2.29 Wall type 3.2 with independent 3.23 Floor type 3 – wall type 2 56 composite panels 35 4.1 Treatments for material change of use 58 2.30 Wall type 3.3 with independent composite panels 35 4.2 Wall treatment 1 59 2.31 Wall type 3 – external cavity wall 4.3 Floor treatment 1 60 with masonry inner leaf 36 4.4 Floor treatment 1 – high window 2.32 Wall type 3 – external cavity wall head detail 60 with internal timber wall 36 4.5 Floor treatment 1 – wall treatment 1 61 2.33 Wall type 3 – internal timber floor 37 4.6 Floor treatment 2 61 2.34 Wall types 3.1 and 3.2 – internal 4.7 Floor treatment 2 – wall treatment 1 62 concrete floor 37 4.8 Stair treatment 62 2.35 Wall types 3.1 and 3.2 – ceiling and roof junction 38 4.9 Floor penetrations 63 2.36 External cavity wall at eaves level 38 5.1 Internal wall type A 65 2.37 Wall type 4.1 40 5.2 Internal wall type B 65 2.38 Wall type 4 – external cavity wall 5.3 Internal wall type C 65 with timber frame inner leaf 40 5.4 Internal wall type D 66 3.1 Types of separating floor 42 5.5 Internal floor type A 66 3.2 Ceiling treatments A, B and C 44 5.6 Internal floor type B 66 3.3 Floor type 1.1C – floor type 1.1 5.7 Internal floor type C 66 with ceiling treatment C 45 6.1 Ceiling void and roof space 3.4 Floor type 1.2B – floor type 1.2 (only applicable to rooms for with ceiling treatment B 45 residential purposes) 68 3.5 Floor type 1.2B – external cavity wall A.1 Block and mortar dimensions 73 with masonry inner leaf 46 A.2 Beam and block floor dimensions 74 3.6 Floor type 1 – floor penetrations 46 3.7 Floor type 1.1C – wall type 1 47 3.8 Floor type 1.2B – wall type 1 47

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TABLES 0.1a Dwelling-houses and flats – performance standards for separating walls, separating floors, and stairs that have a separating function 12 0.1b Rooms for residential purposes – performance standards for separating walls, separating floors, and stairs that have a separating function 12 0.2 Laboratory values for new internal walls and floors within dwelling-houses, flats and rooms for residential purposes, whether purpose built or formed by material change of use 13 2.1 Separating wall junctions reference table 21 3.1 Separating floor junctions reference table 43 7.1 Absorption coefficient data for common materials in buildings 70 7.2 Example calculation for an entrance hall (Method B) 71 A.1 Blocks laid flat 73 A.2 Blocks laid on edge 74

Resistance to the passage of sound Approved Document E 4 ONLINE VERSION ONLINE VERSION E Introduction to amendments 2004*

The current edition of Part E in Schedule 1 to the Section 0 of Approved Document E, 2003 edition, Building Regulations 2000 (as amended) came has also been amended to explain the use of into force on 1 July 2003. At the same time a new robust details. Regulation 20A was introduced into the Building The 2003 edition of Part E introduced a new class of Regulations 2000, and a new Regulation 12A was dwelling known as a room for residential purposes, introduced into the Building (Approved Inspectors, which covers hostel types of accommodation and etc.) Regulations 2000. Regulations 20A and 12A hotel rooms. The expression ‘room for residential introduced pre-completion testing for sound purposes’ is defined in Regulation 2 of the Building insulation as a means of demonstrating compliance. Regulations 2000 and the definition is reproduced Pre-completion testing has applied to rooms for in Approved Document E, 2003 Edition. However, residential purposes, houses and flats formed by the definition has been interpreted in different conversion of other buildings since 1 July 2003, ways by building control bodies, particularly in and it will apply to new houses and flats from 1 respect of student halls of residence, and it has, July 2004. Also, from 1 July 2004, use of robust therefore, been clarified, by means of the Building details in new houses and flats will be accepted (Amendment) Regulations 2004. as an alternative to testing. A number of errors have been found in Approved Robust details are high performance separating Document E, 2003 Edition, and also some guidance wall and floor constructions (with associated that is unclear. construction details) that are expected to be sufficiently reliable not to need the check provided This Amendment document sets out the text of by pre-completion testing. the amended regulations 20A and 12A, the clarified definition of room for residential purposes, and The introduction of robust details has necessitated also amendments, corrections and clarifications the amendment of Regulations 20A and 12A. The to the text of Approved Document E, 2003 Edition. amendments have been made by the Building This document is approved by the Secretary of (Amendment) Regulations 2004 and the Building State from 1 July 2004. (Approved Inspectors, etc.) (Amendment) Regulations 2004. Regulations 20A and 12A are reproduced in Approved Document E, 2003 Edition; and so Buildings Division amendments to that Approved Document are Office of the Deputy Prime Minister needed to pick up the changes. June 2004

*On this page, references to the 2000 Regulations have not been updated to reflect changes in the 2010 Regulations.

Approved Document E Resistance to the passage of sound ONLINE VERSION 5 E ONLINE VERSION Use of guidance

THE APPROVED DOCUMENTS MATERIALS AND WORKMANSHIP This document is one of a series that has been approved and issued by the Secretary of State Materials and workmanship for the purpose of providing practical guidance Any building work which is subject to the with respect to the requirements of Schedule 1 requirements imposed by Schedule 1 to the to, and Regulation 7 of, the Building Regulations Building Regulations shall be carried out in 2010 (SI 2010/2214) for England and Wales. accordance with regulation 7. Guidance on At the back of this document is a list of all the meeting these requirements on materials and documents that have been approved and issued workmanship is contained in Approved by the Secretary of State for this purpose. Document 7. Approved Documents are intended to provide Building Regulations are made for specific guidance for some of the more common building purposes, primarily the health and safety, welfare situations. However, there may well be alternative and convenience of people and for energy ways of achieving compliance with the requirements. conservation. Standards and other technical Thus there is no obligation to adopt any particular specifications may provide relevant guidance to solution contained in an Approved Document if the extent that they relate to these considerations. you prefer to meet the relevant requirement in However, they may also address other aspects of some other way. performance or matters which, although they relate to health and safety etc., are not covered by Other requirements the Building Regulations. The guidance contained in an Approved Document When an Approved Document makes reference relates only to the particular requirements of the to a named standard, the relevant version of the Regulations which the document addresses. The standard to which it refers is the one listed at the building work will also have to comply with the end of the publication. However, if this version requirements of any other relevant paragraphs has been revised or updated by the issuing in Schedule 1 to the Regulations. standards body, the new version may be used as a source of guidance provided it continues to There are Approved Documents which give address the relevant requirements of the guidance on each of the parts of Schedule 1 Regulations. and on Regulation 7. THE WORKPLACE (HEALTH, SAFETY AND WELFARE) REGULATIONS 1992 LIMITATION ON REQUIREMENTS The Workplace (Health, Safety and Welfare) In accordance with Regulation 8, the requirements in Regulations 1992 contain some requirements Parts A to D, F to K and N (except for paragraphs which affect building design. The main requirements H2 and J7) of Schedule 1 to the Building Regulations are now covered by the Building Regulations, but do not require anything to be done except for the for further information see – Workplace health, purpose of securing reasonable standards of health safety and welfare. L24 Workplace (Health, Safety and safety for persons in or about buildings (and and Welfare) Regulations 1992. Approved Code any others who may be affected by buildings or of Practice and Guidance, 1998. ISBN 0 71760 matters connected with buildings). This is one of 413 6. the categories of purpose for which building regulations may be made. The Workplace (Health, Safety and Welfare) Regulations 1992 apply to the common parts of Paragraphs H2 and J7 are excluded from flats and similar buildings if people such as cleaners Regulation 8 because they deal directly with and caretakers are employed to work in these prevention of the contamination of water. Parts E common parts. Where the requirements of the and M (which deal, respectively, with resistance to Building Regulations that are covered by this the passage of sound, and access and facilities for Part do not apply to dwellings, the provisions disabled people) are excluded from Regulation 8 may still be required in the situations described because they address the welfare and convenience above in order to satisfy the Workplace Regulations. of building users. Part L is excluded from Regulation 8 because it addresses the conservation of fuel and power. All these matters are amongst the purposes, other than health and safety, that may be addressed by Building Regulations.

Resistance to the passage of sound Approved Document E 6 ONLINE VERSION USE OF GUIDANCEONLINE VERSION E

Approved Document E Resistance to the passage of sound ONLINE VERSION 7 E RESISTANCE TOONLINE THE PASSAGE VERSION OF SOUND The Requirements

This Approved Document, which took effect on 1 July 2003, deals with the Requirements of Part E of Schedule 1 to the Building Regulations 2010.

Requirement Limits on application

Protection against sound from other parts of the building and adjoining buildings E1. Dwelling-houses, flats and rooms for residential purposes shall be designed and constructed in such a way that they provide reasonable resistance to sound from other parts of the same building and from adjoining buildings. Protection against sound within a dwelling-house etc. E2. Dwelling-houses, flats and rooms for residential purposes Requirement E2 does not apply to: shall be designed and constructed in such a way that: (a) an internal wall which contains a door; (a) internal walls between a bedroom or a room containing a water closet, and other rooms; and (b) an internal wall which separates an en suite toilet from the associated bedroom; (b) internal floors (c) existing walls and floors in a building which is subject to a provide reasonable resistance to sound. material change of use. Reverberation in the common internal parts of buildings containing flats or rooms for residential purposes Requirement E3 only applies to corridors, stairwells, hallways and entrance halls which give access to the flat or room for E3. The common internal parts of buildings which contain residential purposes. flats or rooms for residential purposes shall be designed and constructed in such a way as to prevent more reverberation around the common parts than is reasonable. Acoustic conditions in schools E4. (1) Each room or other space in a school building shall be designed and constructed in such a way that it has the acoustic conditions and the insulation against disturbance by noise appropriate to its intended use. (2) For the purposes of this Part – ‘school’ has the same meaning as in Section 4 of the Education Act 1996[4]; and ‘school building’ means any building forming a school or part of a school.

[4] 1996 c.56. Section 4 was amended by Schedule 22 to the Education Act 1997 (c. 44).

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Attention is drawn to the following extracts B5 (access and facilities for the fire service) from the Building Regulations 2010. C2(c) (interstitial and surface condensation) Interpretation (Regulation 2) ‘room for residential F1 (ventilation) purposes’ means a room, or a suite of rooms, which is not a dwelling-house or a flat and which is used G1 (cold water supply) by one or more persons to live and sleep and G3(1) to (3) (hot water supply and systems) includes a room in a hostel, an hotel, a boarding house, a hall of residence or a residential home, G4 (sanitary conveniences and washing but does not include a room in a hospital, facilities) or other similar establishment, used for patient G5 (bathrooms) accommodation. G6 (kitchens and food preparation areas) Meaning of material change of use (Regulation 5) H1 (foul water drainage) For the purposes of paragraph 8 (1)(e) of Schedule 1 H6 (solid waste storage) to the Act and for the purposes of these Regulations, J1 to J4 (combustion appliances) there is a material change of use where there is a change in the purposes for which or the L1 (conservation of fuel and power – dwellings) circumstances in which a building is used, P1 (electrical safety); so that after the change: b. in the case of a material change of use a. the building is used as a dwelling, where described in Regulations 5(c),(d), (e) or (f), previously it was not; A1 to A3 (structure); b. the building contains a flat, where previously c. in the case of a building exceeding fifteen metres it did not; in height, B4(1) (external fire spread – walls); c. the building is used as an hotel or boarding d. in the case of a material change of use house, where previously it was not; described in Regulation 5(a), (b), (c), (d), (g), d. the building is used as an institution, where (h), (i) or, where the material change of use previously it was not; provides new residential accommodation, (f), C1 (2) (resistance to contaminants); e. the building is used as a public building, where previously it was not; e. in the case of material change of use described in Regulation 5(a), C2 (resistance f. the building is not a building described to moisture); in Classes 1 to 6 in Schedule 2, where previously it was; f. in the case of a material change of use described in Regulation 5(a), (b), (c), (g), (h) g. the building, which contains at least one or (i) E1 to E3; dwelling, contains a greater or lesser number of dwellings than it did previously; g. in the case of a material change of use described in Regulation 5(e), where the public h. the building contains a room for residential building consists of or contains a school, E4 purposes, where previously it did not; or (acoustic conditions in schools); i. the building, which contains at least one h. in the case of a material change of use room for residential purposes, contains a described in regulation 5(a) or (b), G2 (water greater or lesser number of such rooms efficiency) and G3(4) (hot water supply and than it did previously. systems: hot water supply to fixed baths); j. the building is used as a shop, where i. in the case of a material change of use previously it was not. described in regulation 5(c), (d), (e) or (j), M1 (access and use). Requirements relating to material change of use (Regulation 6) 2. Where there is a material change of use of part only of a building, such work, if any, shall be 1. Where there is a material change of use of carried out as is necessary to ensure that: the whole of a building, such work, if any, shall be carried out as is necessary to ensure that the a. that part complies in all cases with any applicable building complies with the applicable requirements requirement referred to in paragraph (1)(a); of the following paragraphs of Schedule 1: b. in a case to which sub-paragraphs (b), (e), a. in all cases, (f) or (g) of paragraph (1) apply, that part complies with the requirements referred to B1 (means of warning and escape) in the relevant sub-paragraphs; B2 (internal fire spread – linings) B3 (internal fire spread – structure) B4(2) (external fire spread – roofs)

Approved Document E Resistance to the passage of sound ONLINE VERSION 9 E RESISTANCE TOONLINE THE PASSAGE VERSION OF SOUND c. in the case to which sub-paragraph (c) of 4. Where building work consists of the erection paragraph (1) applies, the whole building of a dwelling-house or a building containing flats, complies with the requirement referred to this regulation does not apply to any part of the in that sub-paragraph; and building in relation to which the person carrying out the building work notifies the local authority, d. in a case to which sub-paragraph (i) of not later than the date on which he gives notice paragraph (1) applies – of commencement of the work under Regulation i. that part and any sanitary conveniences 16(1), that for the purpose of achieving compliance provided in or in connection with that part of the work with paragraph E1 of Schedule 1 he comply with the requirements referred to is using one or more design details approved by in that sub-paragraph; and Robust Details Limited(a), provided that: ii. the building complies with requirement a. the notification specifies: M1(a) of Schedule 1 to the extent that i. the part or parts of the building in respect reasonable provision is made to provide of which he is using the design detail; either suitable independent access to that part or suitable access through the ii. the design detail concerned; and building to that part. iii. the unique number issued by Robust Sound insulation testing (Regulation 41) Details Limited in respect of the specified use of that design detail; and 41. b. the building work carried out in respect of the 1. Subject to paragraph (4) below, part or parts of the building identified in the this regulation applies to: notification is in accordance with the design a. building work in relation to which paragraph detail specified in the notification. E1 of Schedule 1 imposes a requirement; and Attention is drawn to the following extract from the b. work which is required to be carried out to Building (Approved Inspectors etc.) Regulations a building to ensure that it complies with 2010 (SI 2010/2215) paragraph E1 of Schedule 1 by virtue of Sound insulation testing (Regulation 20(1) Regulation 6(1)(f) or 6(2)(b). and (5) 2. Where this Regulation applies, the person Application of regulations 20, 27, 29, 37, 41, carrying out the work shall, for the purpose of 42, 43 and 44 of the Principal ensuring compliance with paragraph E1 of Schedule 1: 20.—(1) Regulations 20 (provisions applicable to self-certification schemes), 27 (CO emission rate a. ensure that appropriate sound insulation 2 calculations), 29 (energy performance testing is carried out in accordance with certificates), 37 (wholesome water consumption a procedure approved by the Secretary of calculation), 41 (sound insulation testing), 42 State; and (mechanical ventilation air flow rate testing), 43 b. give a copy of the results of the testing referred (pressure testing) and 44 (commissioning) of the to in sub-paragraph (a) to the local authority. Principal Regulations apply in relation to building work which is the subject of an initial notice as if 3. The results of testing referred to references to the local authority were references in paragraph (2)(a) shall be: to the approved inspector. a. recorded in a manner approved by the (5) Regulation 41 of the Principal Regulations Secretary of State; and applies in relation to building work which is the b. given to the local authority in accordance with subject of an initial notice as if – paragraph (2)(b) not later than the date on a. for paragraph (3)(b) there were substituted – which the notice required by regulation 16(4) “(b) given to the approved inspector in is given. accordance with paragraph (2)(b) not later than five days after completion of the work to which the initial notice relates.”; b. for the words in paragraph (4) “not later than the date on which notice of commencement of the work is given under regulation 16(1)” there were substituted the words “prior to the commencement of the building work on site”.

(a) A company incorporated under the Companies Acts with the registration number 04980223.

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For the purposes of Approved Document E the following definitions apply: ‘Adjoining’: Adjoining dwelling-houses, adjoining flats, adjoining rooms for residential purposes and adjoining buildings are those in direct physical contact with another dwelling-house, flat, room for residential purposes or building. ‘Historic buildings’: Historic buildings include: a. listed buildings b. buildings situated in conservation areas c. buildings which are of architectural and historical interest and which are referred to as a material consideration in a local authority’s development plan d. buildings of architectural and historical interest within national parks, areas of outstanding natural beauty, and world heritage sites e. vernacular buildings of traditional form and construction.

Approved Document E Resistance to the passage of sound ONLINE VERSION 11 E ONLINE VERSION Section 0: Performance Performance standards where the design embodies a design detail or details from the set approved and published by 0.1 In the Secretary of State’s view the normal Robust Details Ltd; a valid notification is given to way of satisfying Requirement E1 will be to build the building control body; and the actual work separating walls, separating floors, and stairs complies with the detail or details specified in the that have a separating function, together with the notification. Subject to this exception, which is associated flanking construction, in such a way further explained in Annex E: Design details that they achieve the sound insulation values for approved by Robust Details Ltd, Regulation 44 dwelling-houses and flats set out in Table 1a, and applies where building control is being carried out the values for rooms for residential purposes (see by a local authority, and Regulation 20(1) and (5) definition in Regulation 2) set out in Table 1b. For applies where it is being carried out by an walls that separate rooms for residential purposes Approved Inspector. The normal way of satisfying from adjoining dwelling-houses and flats, the Regulation 41 or 20(1) and (5) will be to implement performance standards given in Table 1a should a programme of sound insulation testing according be achieved. to the guidance set out in Section 1: Pre-completion 0.2 Regulation 41 of the Building Regulations testing, of this Approved Document. It is possible 2010 and Regulation 20(1) and (5) of the Building for a builder to opt to use design details approved (Approved Inspectors, etc.) Regulations 2010 by Robust Details Ltd in some only of the relevant apply to building work to which Requirement E1 separating structures in a new house or building applies, and require appropriate sound insulation containing flats, with the other relevant separating testing to be carried out. The exception is that, in structures remaining subject to testing under the case of new-build houses and buildings Regulation 41 or 20(1) and (5). However, it is containing flats, Regulations 41 and 20(1) and (5) recommended that expert advice is taken to do not apply to any relevant part of the building ensure compatibility of the constructions.

Table 0.1a Dwelling-houses and flats – performance standards for separating walls, separating floors, and stairs that have a separating function

Airborne sound insulation Impact sound insulation sound insulation DnT,w + Ctr dB L’nT,w dB (Minimum values) (Maximum values)

Purpose built dwelling-houses and flats

Walls 45 - Floors and stairs 45 62

Dwelling-houses and flats formed by material change of use

Walls 43 - Floors and stairs 43 64

Table 0.1b Rooms for residential purposes – performance standards for separating walls, separating floors, and stairs that have a separating function

Airborne sound insulation Impact sound insulation sound insulation DnT,w + Ctr dB L’nT,w dB (Minimum values) (Maximum values)

Purpose built rooms for residential purposes

Walls 43 - Floors and stairs 45 62

Rooms for residential purposes formed by material change of use

Walls 43 - Floors and stairs 43 64

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Table 0.2 Laboratory values for new internal walls and floors within dwelling-houses, flats and rooms for residential purposes, whether purpose built or formed by material change of use

Airborne sound insulation Rw dB (Minimum values)

Walls 40 Floors 40

0.3 The sound insulation testing should be on the same premises would normally be considered carried out in accordance with the procedure to meet the requirements, (b) a building constructed described in Annex B of this Approved Document, from sub-assemblies obtained from other premises which is the procedure formally approved by the or from stock manufactured before 1 July 2003 Secretary of State for the purpose of paragraph would normally be considered to meet the (2)(a) of Regulation 41 and paragraph (2)(a) of requirements if it satisfies the relevant requirements Regulation 20(1) and (5). The results of the testing of Part E that were applicable in 1992 or, for school must be recorded in the manner described in buildings, the relevant provisions relating to paragraph 1.41 of Section 1 of this Approved acoustics set out in the 1997 edition of Building Document, which is the manner approved by the Bulletin 87 (ISBN 011271013 1). Secretary of State for the purposes of paragraph 0.7 In the case of some historic buildings (3)(a) of Regulation 41 and paragraph (3)(a) of undergoing a material change of use, it may not Regulation 20(1) and (5). The test results must be be practical to improve the sound insulation to given to the building control body in accordance the standards set out in Tables 1a and 1b. The with the time limits set down in Regulation 41 (for need to conserve the special characteristics of cases where building control is being done by the such historic buildings needs to be recognised1, local authority) or Regulation 20(1) and (5) (in and in such work, the aim should be to improve cases where it is being done by an Approved sound insulation to the extent that it is practically Inspector). possible, always provided that the work does not 0.4 The person carrying out the building work prejudice the character of the historic building, or should arrange for sound insulation testing to be increase the risk of long-term deterioration to the carried out by a test body with appropriate third building fabric or fittings. In arriving at an appropriate party accreditation. Test bodies conducting testing balance between historic building conservation and should preferably have UKAS accreditation (or improving sound insulation it would be appropriate a European equivalent) for field measurements. to take into account the advice of the local planning The DCLG also regards members of the ANC authority’s conservation officer. In such cases it Registration Scheme as suitably qualified to carry will be reasonable to improve the sound insulation out pre-completion testing. as much as is practical, and to affix a notice showing the sound insulation value(s) obtained Sections 2, 3, 4 and 6 of this Approved 0.5 by testing in accordance with Regulation 41 Document give examples of constructions which, or 20(1) and (5), in a conspicuous place inside if built correctly, should achieve the sound insulation the building. values for dwelling-houses and flats set out in Table 1a, and the values for rooms for residential 0.8 The performance standards set out in Tables purposes set out in Table 1b. The guidance in these 1a and 1b are appropriate for walls, floors and stairs sections is not exhaustive and other designs, that separate spaces used for normal domestic materials or products may be used to achieve purposes. A higher standard of sound insulation the required performance. may be required between spaces used for normal domestic purposes and communal or non-domestic Buildings constructed from sub-assemblies 0.6 purposes. In these situations the appropriate level that are delivered newly made or selected from of sound insulation will depend on the noise stock are no different from any other new building generated in the communal or non-domestic space. and must comply with all requirements in Schedule 1 Specialist advice may be needed to establish if of the Building Regulations 2010. In some a higher standard of sound insulation is required applications, such as buildings that are and, if so, to determine the appropriate level. constructed to be temporary dwelling-houses, flats, rooms for residential purposes, or school buildings, the provision of reasonable resistance to the passage of sound may vary depending upon the circumstances in the particular case. 1 BS 7913 The principles of the conservation of historic buildings, 1998 For example, (a) a building created by dismantling, provides guidance on the principles that should be applied when transporting and re-erecting the sub-assemblies proposing work on historic buildings.

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0.9 In the Secretary of State’s view the normal 0.12 In the Secretary of State’s view the normal way of satisfying Requirement E2 will be to use way of satisfying Requirement E4 will be to meet constructions for new walls and floors within a the values for sound insulation, reverberation dwelling-house, flat or room for residential purposes time and indoor ambient noise which are given in (including extensions), that provide the laboratory Building Bulletin 93 Acoustic design of schools: sound insulation values set out in Table 2. Test performance standards, published by the bodies conducting testing should preferably have Department for Education and available on the UKAS accreditation (or a European equivalent) for internet at www.gov.uk. laboratory measurements. It is not intended that 0.13 Diagrams 0.1 to 0.3 illustrate the relevant performance should be verified by testing on site. parts of the building that should be protected 0.10 Section 5 gives examples of constructions from airborne and impact sound in order to that should achieve the laboratory values set out satisfy Requirements E1 and E2. in Table 2. The guidance in these sections is not exhaustive and other designs, materials or products may be used to achieve the required performance. 0.11 In the Secretary of State’s view the normal way of satisfying Requirement E3 will be to apply the sound absorption measures described in Section 7 of this Approved Document, or other measures of similar effectiveness.

Diagram 0.1 Requirement E1

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Diagram 0.2 Requirement E2(a)

Diagram 0.3 Requirement E2(b)

Approved Document E Resistance to the passage of sound ONLINE VERSION 15 E ONLINE VERSION Section 1: Pre-completion testing

Introduction 1.10 Tests should be carried out once the dwelling-houses, flats or rooms for residential 1.1 This section provides guidance on an purposes either side of a separating element are appropriate programme of sound insulation testing essentially complete, except for decoration. Impact for a sample of properties, under Regulation 41 sound insulation tests should be carried out of the Building Regulations and Regulation 20(1) without a soft covering (e.g. carpet, foam backed and (5) of the Approved Inspectors Regulations. vinyl) on the floor. For exceptions and further 1.2 Sound insulation testing to demonstrate information on floor coverings and testing see compliance with Requirement E1 should be carried Annex B: paragraphs B2.13 and B2.14. out on site as part of the construction process, and in this Approved Document it is referred to Grouping as pre-completion testing. Under Regulation 41 1.11 The results of tests only apply to the and Regulation 20(1) and (5), the duty of ensuring particular constructions tested but are indicative that appropriate sound insulation testing is of the performance of others of the same type in carried out falls on the person carrying out the the same development. Therefore, in order for building work, who is also responsible for the meaningful inferences to be made from tests, it cost of the testing. Therefore, the guidance in this is essential that developments are considered section is addressed in the first place to persons as a number of notional groups, with the same carrying out the work (and to testing bodies construction type within each group. employed by them). However, it is also addressed to building control bodies, as the Secretary of 1.12 Grouping should be carried out according State expects building control bodies to to the following criteria. Dwelling-houses (including determine, for each relevant development, the bungalows), flats and rooms for residential purposes properties selected for testing. should be considered as three separate groups. In addition, if significant differences in construction 1.3 Testing should be carried out for: type occur within any of these groups, sub-groups a. purpose built dwelling-houses and flats; should be established accordingly. b. dwelling-houses and flats formed by material 1.13 The following guidance should allow change of use; suitable sub-grouping in most circumstances. c. purpose built rooms for residential purposes; Sub-grouping for new buildings d. rooms for residential purposes formed by 1.14 For dwelling-houses (including bungalows), material change of use. sub-grouping should be by type of separating wall. 1.4 The normal programme of testing is For flats, sub-grouping should be by type of described in paragraphs 1.29 to 1.31. separating floor and type of separating wall. Rooms for residential purposes should be grouped using 1.5 The testing procedure formally approved similar principles. by the Secretary of State is described in Annex B: Procedures for sound insulation testing. 1.15 The construction of flanking elements (e.g. walls, floors, cavities) and their junctions are also 1.6 The performance standards that should be important. Where there are significant differences demonstrated by pre-completion testing are set between flanking details, further sub-grouping out in Section 0: Performance – Tables 1a and 1b. will be necessary. The sound insulation values in these tables have a built-in allowance for measurement uncertainty, 1.16 Sub-grouping may not be necessary for so if any test shows one of these values not to dwelling-houses, flats and rooms for residential have been achieved by any margin, the test has purposes that have the same separating wall been failed. and/or separating floor construction, with the same associated flanking construction(s), and 1.7 The person carrying out the building work where the room dimensions and layouts are should ensure that the guidance on construction broadly similar. given in this Approved Document, or in another suitable source, is followed properly to minimise 1.17 Some dwelling-houses, flats or rooms for the chances of a failed test. Where additional residential purposes may be considered to have guidance is required, specialist advice on the unfavourable features: an example could be flats building design should be sought at an early stage. with large areas of flanking wall without a window at the gable end. It would be inappropriate for 1.8 Testing should not be carried out between these to be included as part of a group and these living spaces and: corridors, stairwells or hallways. should form their own sub-group(s). 1.9 Tests should be carried out between rooms or spaces that share a common area of separating wall or separating floor.

Resistance to the passage of sound Approved Document E 16 ONLINE VERSION PRE-COMPLETIONONLINE TESTING VERSION E Sub-grouping for material change • Tests of insulation against both airborne and impact sound between another pair of rooms of use (where possible suitable for use as bedrooms) 1.18 The same principles as for new buildings on opposite sides of the separating floor. apply, but in practice significant differences are 1.22 To conduct a full set of tests, access to at more likely to occur between separating wall and/or least three flats will be required. separating floor constructions as well as the associated flanking construction(s) in a development. Types of rooms for testing More sub-groups may therefore be required, and group sizes may be smaller. Building control 1.23 It is preferable that each set of tests contains bodies should exercise judgement when setting individual tests in bedrooms and living rooms. up sub-groups. 1.24 Where pairs of rooms on either side of the separating element are different (e.g. a bedroom Sets of tests in dwelling-houses and a study, a living room and a bedroom), at (including bungalows) least one of the rooms in one of the pairs should be a bedroom and at least one of the rooms in 1.19 Normally, one set of tests should comprise the other pair should be a living room. two individual sound insulation tests (two airborne tests): 1.25 Where the layout has only one pair of rooms on opposite sides of the entire area of separating • A test of insulation against airborne sound wall or floor between two dwelling-houses, flats between one pair of rooms (where possible or rooms for residential purposes then the number suitable for use as living rooms) on opposite of airborne and impact sound insulation tests sides of the separating wall. set out in paragraphs 1.19 to 1.21 may be • A test of insulation against airborne sound reduced accordingly. between another pair of rooms (where possible 1.26 The approved procedure described in suitable for use as bedrooms) on opposite Annex B includes requirements relating to rooms. sides of the separating wall. Sets of tests in rooms for Sets of tests in flats with separating residential purposes floors but without separating walls 1.27 To conduct a set of tests, the sound 1.20 Normally, one set of tests should comprise insulation between the main rooms should be four individual sound insulation tests (two measured according to the principles set out in airborne tests, two impact tests): this section for new buildings and material change • Tests of insulation against both airborne and of use, but adapting them to suit the circumstances. impact sound between one pair of rooms (where possible suitable for use as living rooms) on Properties sold before fitting out opposite sides of the separating floor. 1.28 Some properties, for example loft • Tests of insulation against both airborne and apartments, may be sold before being fitted out impact sound between another pair of rooms with internal walls and other fixtures and fittings. (where possible suitable for use as bedrooms) Measurements of sound insulation should be on opposite sides of the separating floor. made between the available spaces, according to the principles set out in this section. Steps Sets of tests in flats with a separating should be taken to ensure that fitting out will not adversely affect the sound insulation. Some floor and a separating wall guidance on internal wall and floor constructions 1.21 Normally, one set of tests should comprise is given in Section 5. Junction details between six individual sound insulation tests (four airborne these internal walls and floors and separating walls tests, two impact tests): and floors are described in Sections 2 and 3. • A test of insulation against airborne sound Normal programme of testing between one pair of rooms (where possible suitable for use as living rooms) on opposite 1.29 Building control bodies should consult sides of the separating wall. with developers on likely completion times on site, and ask for one set of tests to be carried out • A test of insulation against airborne sound between the first dwelling-houses, flats or rooms between another pair of rooms (where possible for residential purposes scheduled for completion suitable for use as bedrooms) on opposite and/or sale in each group or sub-group. This sides of the separating wall. applies regardless of the intended size of the • Tests of insulation against both airborne and group or sub-group. Therefore if a site comprises impact sound between one pair of rooms (where only one pair of dwelling-houses, flats or rooms possible suitable for use as living rooms) on for residential purposes, they should be tested. opposite sides of the separating floor.

Approved Document E Resistance to the passage of sound ONLINE VERSION 17 E PRE-COMPLETIONONLINE TESTING VERSION 1.30 As further properties on a development Remedial treatment become ready for testing, building control bodies should indicate at what point(s) they wish any 1.37 Appropriate remedial treatment should be further set(s) of tests to be conducted. Assuming applied following a failed set of tests. It is essential no tests are failed, building control bodies should that remedial work is appropriate to the cause of stipulate at least one set of tests for every ten failure. Guidance is available in BRE Information dwelling-houses, flats or rooms for residential Paper IP 14/02. purposes in a group or sub-group. 1.38 Where the cause of failure is attributed to the 1.31 Testing should be conducted more frequently construction of the separating and/or associated at the beginning of a series of completions than flanking elements, other rooms that have not been towards the end, to allow any potential problems tested may also fail to meet the performance to be addressed at an early stage. However, on standards. Therefore, remedial treatment may be large developments testing should be carried out needed in rooms other than those in which the over a substantial part of the construction period. tests were conducted. 1.39 Where remedial treatment has been applied, Action following a failed set of tests the building control body should be satisfied with 1.32 A set of tests is failed if any of its individual its efficacy. Normally this will be assessed through tests of airborne or impact sound insulation do additional sound insulation testing. not show sound insulation values equal to or better than those set out in Section 0: Performance – Material change of use Tables 1a and 1b. 1.40 As stated in Section 0, in the case of some 1.33 In the event of a failed set of tests, historic buildings undergoing a material change appropriate remedial treatment should be applied of use, it may not always be practical to achieve to the rooms that failed the test. the sound insulation values set out in Section 0: Performance – Tables 1a and 1b. However, in 1.34 A failed set of tests raises questions over such cases building control bodies should be the sound insulation between other rooms sharing satisfied that everything reasonable has been the same separating element in the dwelling-houses, done to improve the sound insulation. Tests flats or rooms for residential purposes in which should be carried out, and the results displayed the tests were conducted. The developer should as indicated in Section 0, paragraph 0.7. demonstrate to the building control body’s satisfaction that these rooms meet the performance Approved manner of recording standards. Normally this would be done by (a) additional testing, and/or (b) applying the pre-completion testing results appropriate remedial treatment to the other 1.41 In order to satisfy the requirements of rooms and/or (c) demonstrating that the cause paragraph (3)(a) of Regulation 41 or Regulation of failure does not occur in other rooms. 20(1) and (5), the test report of a set of tests 1.35 A failed set of tests raises questions over (where set of tests has the meaning given in properties between which tests have not been paragraphs 1.19–1.21 and 1.27) must contain at carried out. The developer should demonstrate least the following information, in the order below: to the building control body’s satisfaction that 1. Address of building. such properties meet the performance standards. Once a dwelling-house, flat or room for residential 2. Type(s) of property. Use the definitions in purposes is occupied, any action affecting it Regulation 2: dwelling-house, flat, room for should be a matter for local negotiation. residential purposes. State if the building is a historic building (see definition in the section on 1.36 After a failed set of tests, the rate of testing Requirements of this Approved Document). should be increased until the building control body is satisfied that the problem has been solved. 3. Date(s) of testing. 4. Organisation carrying out testing, including: a. name and address; b. third party accreditation number (e.g. UKAS or European equivalent); c. name(s) of person(s) in charge of test; d. name(s) of client(s).

Resistance to the passage of sound Approved Document E 18 ONLINE VERSION