Timber floorboards are trending, along with polished concrete floors.
However, hard surface flooring is a huge issue in strata schemes due to the disturbance to other residents caused by noise.
If a building is not originally built with hard surface floors, then it is very likely that installing hard surface flooring will cause acoustic issues for the units below and beside. And this can seriously affect owners or occupiers.
Noise transmission can be addressed but often isn’t with affected lot owners seen as complainers and their concerns sidelined.
How can noise issues be addressed?
As with many other strata issues, begin first by addressing the issue before it becomes an issue. In other words, if installing hard surface flooring requires authorisation bylaws, we recommend that the bylaw set strict standards of any new flooring system.
Strata bylaws usually dictate noise if a particular lot owner has breached. Model bylaw 14 requires floors to be treated sufficiently to prevent noise transmission that would affect ‘peaceful enjoyment’ of the other property owners / occupiers.
There are two options:
- The owners corporation can seek to enforce is bylaws by issuing Notices to Comply and then, if the issue reoccurs, to seek penalty orders.
- An affected owner may pursue an NCAT application.
We recommend that the bylaw reference the star rating system set out in the Guidelines for Apartments and Townhouses (published by the Australia Association of Acoustic Consultants).
Any new flooring should meet the four-star rating once installed. The owners corporation could be given the rights to enter the lot to remedy a breach of the authorising bylaw should the owner refuse to do so.
As a last resort should the noise continue without a satisfactory resolution by the owner, then an NCAT application should be investigated as a course of action.
It’s worth noting, that even when owners breach and are fined at NCAT for noisy flooring, some owners will dig their heels in and pay the fine, without replacing the offending flooring.
It is up to the committee to get legal advice and pursue a different tack, possibly outside of NCAT. Options include:
- Applying for orders to have the work completed on behalf of the offending lot owner at their expense.
- Explore another jurisdiction, perhaps outside of NCAT which may have more weight and yield a better result.
Consult McCormacks, your trusted advisors for all aspects of successful strata management and navigating challenging issues like flooring and noise.