Section 117 of the NSW Strata Schemes Management Act sets a subjective standard in saying that the lot is not “to be used or enjoyed in such a manner or for such a purpose as to cause a nuisance or hazard to the occupier of any other lot”. If perceived footfall noise is accepted as a “nuisance”, then this says that the floor covering must prevent it, irrespective of the readings achieved on a decibel meter or whatever else is the favoured measuring device. This is supported by the court ruling in the case cited elsewhere in this Forum. In effect, if a person below (or anywhere else) can make a credible case that the noise is causing a nuisance, then the law is breached (unless the complainant can be shown to be a vexatious nutter). Building by-laws can reinforce the provision of the Act (the law of the land) but cannot purport to negate it. Marketers of ‘floating’ floors are fond of saying that they meet the requirements of ‘strata’, but the only requirement that counts is that set out in the Act.
For the record, I live in a top floor apartment, fully carpeted except for kitchen and bathrooms. I wouldn’t have it any other way. My 1940s childhood on the North Coast left me with a perception that wooden floors meant you couldn’t afford lino.