Question: Footsteps from the unit above can be heard in an older building. Is there a minimum carpet underlay requirement the upstairs owner must meet?
Our strata building was built in 1968. I’m having trouble with foot traffic and floor-impact noise from the unit above vibrating through the concrete slab.
Our building doesn’t have dropped ceilings to give any added protection. Is there a minimum carpet underlay density requirement that the upstairs owner must install to stop this noise from affecting my unit?
Answer: Noise from the unit above is only a breach or nuisance if it is excessive, and buildings are generally held to the standards in place when they were built.
Thank you for the inquiry. I would encourage the inquirer to seek legal and acoustical expert advice.
Generally, I make the following comments:
- That noise from the upstairs unit can be heard is not necessarily a breach or a nuisance; it is only a breach or nuisance if there is excessive noise; and
- the standards which a building is held to are generally those at the time of construction and not today’s standards. It’s usually not necessary to perform upgrades where the building is still safe and compliant with the standards at the time of construction. A common exception to this rule is for fire safety, which do get specifically upgraded from time to time.
This post appears in the November 2026 edition of The NSW Strata Magazine.
Matthew Lo
Kerin Strata Lawyers
E: matthew@kerinstratalawyers.com.au
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