Is noise considered a construction defects?
Yes, especially in a condominium or apartment building where units share common walls. Allowable noise levels are set by building codes, and if the levels go beyond limits set by the codes then the noise can be considered a defect. Noise levels are usually controlled by the amount of insulation between common walls, so if the noise goes beyond the allowable levels, it probably means there is inadequate and therefore defective insulation.