#53411
Jimmy-T
Keymaster

    One useful piece was a document “Acoustic-Ratings-Floors” giving comparisons between the acoustic properties of different floor treatments. Can you tell me the derivation of this document please? There’s a note at the bottom of Table 1 about the Association of Australian Acoustical Consultants (AAAC). Did it come from them?

    OK, that post is more than 10 years old and the whole of strata law in NSW has changed since then.  But if you want to find guidelines, here is an informative document from the AAAC.

    Personally, I wouldn’t get too hung up on guidelines and tables.  There are several elements that contribute to noise transmission – the materials on the floor, the thickness and density of the concrete slab and the behaviour of the occupants (do they wear shoes indoors, or run around, or play loud music).

    It’s hard to say what the remedy in your specific situation is, except that the upstairs owner has left themselves wide open to action by you or the owners corporation.

    For a start, if they have in fact glued the floorboard to the slab, then they have interfered with common property and, as such,  probably required the written permission of the strata committee at the very least.

    There may be by-laws in your building related to what floor coverings are permitted and what aren’t.

    And even if they did get permission, and they weren’t in breach of the by-laws, it comes down to your fundamental right, enshrined in strata law, to the peaceful enjoyment of your lot.

    There was a time when the Tribunal might have ordered the upstairs neighbour to put down a few rugs to mitigiate the noise.  I doubt very much if they would do that now.  They are more likely to order them to recarpet or re-lay the floorboards with proper insulation underneath.

    All you have to do is prove that there is an unreasonable level of noise coming into your apartment because your upstairs neighbour has removed the only effective noise insulation and the next sound you hear could be sobbing from upstairs, interrupted by the sound of timber being ripped up from the floor.

     

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.