As the problem of noise between floors in multifamily housing grows more serious, some apartment complexes are presenting levels of compensation for inter-floor noise. The idea is to curb the occurrence of inter-floor noise by compensating with a set amount of money. In some apartments in southern Seoul's Gangnam, there was even a resolution to pay 1.5 million won as compensation if inter-floor noise becomes a problem. However, legal experts note that such resolutions may have limited legal effect. Even the relevant law, the Apartment Housing Management Act, has no provisions for compensation related to inter-floor noise.
According to the real estate industry on the 3rd, some apartment complexes in areas such as Seoul's Gangnam have set compensation for inter-floor noise at about 1.5 million to 2 million won and are using it to resolve conflicts caused by inter-floor noise. The upstairs neighbor that caused the inter-floor noise pays compensation to the downstairs neighbor.
Inter-floor noise refers to noise generated by the activities of residents or users of multifamily housing that causes harm to other residents or users. There is direct impact noise from actions such as running or walking and airborne noise from the use of televisions and audio equipment. The Apartment Housing Management Act presents standards for inter-floor noise in decibels (dB), dividing the periods from 6 a.m. to 10 p.m. and from 10 p.m. to 6 a.m.
The residents' group "Jamo Home Price Protection Task Force" within Jamsil Jugong Complex 5 in Songpa District recently announced, "There are cases in which some apartments in Gangnam are resolving the issue by paying 2 million won to the downstairs neighbor when inter-floor noise occurs," and added, "Our complex also resolved, after consultation, to pay at least 1.5 million won when inter-floor noise occurs."
Compensation related to inter-floor noise is also mentioned in some online communities. A post that gained popularity in the second half of last year in one community was titled "An upstairs neighbor telling you to endure inter-floor noise in return for 2 million won a month." In the post, the writer said, "Kids kept running around in the upstairs unit of a friend's apartment, and they fought a lot over inter-floor noise," and wrote, "Then recently, since it was unbearable, they agreed that the upstairs neighbor would pay 2 million won a month."
In legal circles, many say that self-resolutions by apartment resident groups, including resident representative councils, have limited legal effect. Attorney Kim Su-hee of Law Firm Ansim said, "Issues arising from inter-floor noise are, in principle, a claim for damages due to a tort, and because this right belongs to individual unit owners, there is no legal binding force if they do not agree to the resolved compensation," and added, "Those who do not agree can proceed with a separate damages lawsuit." Kang Dae-hyung, managing attorney at DM Law Office, also said, "A residents' group resolution has effect as an internal bylaw," but explained, "However, such bylaws can also be contested in court, so legal enforceability is limited."
To manage inter-floor noise, the Apartment Housing Management Act requires apartment complexes with 700 or more households to establish an inter-floor noise management committee. Kim Young-a, head of the Housing Construction Supply Division at the Ministry of Land, Infrastructure and Transport, explained, "With last year's legal revision, establishing an inter-floor noise management committee became mandatory, but it only plays a mediating role, and there is no legal obligation to implement the committee's decisions."
The government also operates a separate dispute mediation body, the Central Apartment Housing Management Dispute Mediation Committee, to mediate disputes related to inter-floor noise. The Ministry of Land, Infrastructure and Transport (MOLIT) has entrusted its operation to the Korea Land & Housing Corporation (LH).
According to the "Inter-floor Noise Neighbors Center" operated by the Korea Environment Corporation (K-eco), 32,662 complaints related to inter-floor noise were filed last year. According to the civic group Citizens' Coalition for Economic Justice, the five major violent crimes related to inter-floor noise, including murder and assault, increased tenfold from 11 cases in 2016 to 110 cases in 2021. On Dec. 4 last year in Ssangyong-dong, Cheonan, a person surnamed Yang killed an upstairs resident, unable to bear the noise from the replacement work on a heating and cooling distributor coming from the unit above.