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My issue is also timber flooring. I just purchased a top floor 2 bedroom art deco flat. I live alone and have timber flooring.
My neighbours downstairs told me that there has been (in the past) significant noise transfer between the timber floors in my apartment and theirs. They carried out an acoustic test (previously) and it did not meet the building acoustic noise standards.
They want the flooring pulled up and acoustic insulation installed. The owner next door did this recently at a cost of $35,000 and it didn’t solve the problem.
They have told me that I’m very quiet and that the noise transfer is not so much an issue. However, they say that they are worried if I ever rent the flat out in the future. They’ve asked me to carpet my bedroom floors.
As the flooring was put down by a previous owner, whose responsibility is it to rectify the noise problem?
We have our AGM this week and one of the items is to update the existing Floor Standards By Law, asking for a new by law to be drafted and registered “keeping in line with current flooring standards”. What does this mean for me?
Thank you
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First of all, there’s a principle that comes up a lot in property disputes – buyer beware! This means, loosely, that you acquire a property’s problems when you buy the property’
It sounds like your pre-sale strata search did not reveal that there had been a problem with the apartment’s floor, or you didn’t realise the significance of the information. Either way, unless you can prove that the vendor deliberately misled you, the issue is yours to fix.
Even if you can show you were misled, pursuing the vendor may be more trouble than it’s worth.
Carpetting the bedroom floors is an entirely reasonable request and anyone who, like the vendor, removes the most effective insulation – carpet and underlay – from bedroom floors is a selfish ass.
Regarding liability, you are entitled to ask why the downstairs neighbour has waited until the apartment was sold before taking action and a Tribunal might – and I stress MIGHT – rule that they have shared culpability for not making more of an issue of this – especially if there is nothing in the strata records about flooring problems.
As for the proposed by-law, and I am not a lawyer, but the floors are common property and the committee will be able to make demands on the quality of flooring that you install when you fix it. If the existing floor was okay by the current standards when it was installed, there’s not much they can do.
Finally, this sounds like one of those disputes that you want to resolve as amicably as possible. Meadiation and compromise are the answer. Be prepared to give a little, even, for instance, agreeing to make it a condition of future rental that tenants are aware of the problem and agree not to make excessive noise.
That might limit the range of tenants to whom you can let the flat but may be a small price to pay in the long run.
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Hi Jimmy, I think your suggestion of limiting tenants, via a term in a lease, to those who make little or no noise is akin to kicking the can down the road at the expense of those suffering noise.
Say a tenant agrees to not doing anything that creates noise. And if they or their guests do make a noise? Then the sufferer needs to apply to FT for mediation and later perhaps Ncat to resolve this. Such exercises take time and money and unjustly inconveniences the suffer who will seek mediation with the lot owner or take the lot owner to Ncat. The noise can continue day in day out until mediation or Ncat solves this. It may be months away. Further complications arise when the lot owner seeks to void the lease on the noise complaints. This too requires a trip to Ncat. This time it’s the lot owner versus the tenant.
Prima facie I agree that carpeting is a good option. I suggest ESB gets a quote to carpet his abode. Also, if he is very keen on timber remaining in place, he should get a quote from a solicitor to resolve who is responsible for the situation. Is it the OC or the tricky vendor he purchased from?
ESB I wonder why the downstairs neighbor didn’t approach the previous owner with the problem. Like Jimmy said when you buy into strata it comes with everything including problems. As for the “keeping in line with current floor standards” what exactly are those standards. We have a special by-law with that states: “The L’nT,w of the floor of a lot must be 50 or less (other than in an area that is a kitchen, laundry, lavatory or bathroom)”
That limit does not provide much cover. But it really depends on who is doing the walking. Some people are really heavy on their feet. Since they say you are very quiet you may be able to convince them to wait and see how it goes. The fact that your other neighbor’s rectification work didn’t work may also help to convince them. As for tenants, if that’s what you plan, my view is that bedrooms should be carpeted but I have the reverse problem.
It sounds like one should knock on the door of the downstairs unit and ask if there are any problems with the flooring above.
I think it should also be noted that in my experience acoustic engineers have little or no ability to predict or correctly assess noise transfer through floors. All they can do is use prescribed testing to ensure the testing results comply with the BCA, the standard of which is ridiculously low, and/or any bylaws. Compliance will not necessarily result in resolution of the disturbance.
Crispy,
What you wrote about acoustic reports is interesting.
How do you propose to address a noise issue without involving an acoustic engineer?
ESB,
I fear you may be going around in circles until you get clarity on the issue.
Fact:
1. You wrote a neighbor Paid 35k and that didn’t solve the matter;
2. You did not reveal if the OC made him pay or that was his decision;
3. Did the neighbor get legal advice before putting his hand in his pocket?
4. If legal advice was received and he was told that he is responsible then the question is whether your situation apes his;
5. Bottom line is either you or the OC need to rectify the noise problem. Possibly the cost will be shared – equally or not – between you and the OC. Or maybe not.
6. The sooner you ask a lawyer to quote on providing you with advice on this matter, the better. Then get advice. It will clarify the issue. After all, it will look terrible at Ncat – if the neighbor takes you there – for you and the OC to be seen to be dragging your feet on the matter.
Just my 2 cents.