@excathedra said:
The NSW standard by-laws state: “An owner of a lot must ensure that all floor space within the lot is covered or otherwise treated to an extent sufficient to prevent the transmission from the floor space of noise likely to disturb the peaceful enjoyment of the owner or occupier of another lot.”I think this would apply irrespective of whether the Owners Corporation gave you permission.
By-laws only apply where they have been adopted by the strata scheme (or if the scheme is pre-1996 and the standard by-laws have not been altered).
Even so, the standard by-law and the new Section 110 are not mutually exclusive. If an owner can get permission under section 110, it would still be subject to any by-laws that may be in place. But a by-law that specified the standards applicable to flooring would not necessarily imply that permission had been given.
By-laws can’t supersede the laws (although they can qualify them). However, I wonder if Section 110 supersedes any existing by-laws that prevent owners from laying hard floors.
You are right that the critical test is not the technical quality of the insulation but its effectiveness in situ. However, the lab test does provide an indication of how effective the insulation is likely to be.
That said, permission to lay a hard floor would not mean the lot owner was immune from action by a neighbour who was later disturbed by noise.