Question: I’d like to change my apartment flooring from carpet to tiles. Do I need a bylaw before beginning renovations in a strata property?
I own and live in an apartment building in NSW. I’d like to change my flooring from carpet to tiles. Our Strata Manager has said a bylaw may first be needed as the tiles will be attached to my floor which is common property.
Is a by-law required or is there any way I can carry out the renovation without needing a bylaw?
Answer: You need to look at the existing by-laws for your scheme and its process for approving minor renovations.
In short, you need to look at the existing by-laws for your scheme and its process for approving minor renovations. In particular, check if your scheme has a by-law relating to floor coverings and noise transmission, particularly to other lots.
Some schemes have made by-laws specifically related to hard flooring. Such by-laws may make allowance for hard floor surfaces like tiles to be installed, subject to the floor underneath being treated to ensure the noise transmitted is below a certain acoustic rating. Make sure you follow the correct approval process as this will help to avoid disputes with your neighbours and the cost of having to reinstate floor coverings later.
If your scheme was registered prior to 1996, its by-laws may contain the by-law relating to floor coverings (by-law 14) from Schedule 2 to the Strata Schemes Management Regulation 2016. This by-law provides that all floor space, other than that in a kitchen, laundry, lavatory or bathroom, must be treated so as to sufficiently prevent the transmission of noise that is likely to disturb the peaceful enjoyment of the owner or occupier of another lot. This does not mean that tiles cannot be installed but may mean that an acoustic underlay or other floor treatment may be needed to minimise the impact of the hard flooring on your neighbours.
Even if there is no by-law relating to floor coverings or hard flooring, you still have an obligation to not create noise that may interfere with another lot owner’s or occupier’s peaceful enjoyment of their lot. This obligation is usually set out in By-Law 1 for schemes registered prior to 30 November 2016 or by-law 6 in post 30 November 2016 schemes.
Your request to install tiles in your apartment would be considered “minor renovations” to common property, pursuant to s110 of the Strata Schemes Management Act 2015. One of the minor renovations specifically listed is “installing or replacing wood or other hard floors”.
Minor renovations require the approval of the owners corporation before you carry out the work. A motion regarding the work to be undertaken would be considered at a general meeting. A majority is required for the motion to be approved. Alternatively, the Committee can approve minor renovations, but only if they have been delegated the power to do so pursuant to a by-law.
When submitting your request, you may need to provide details of the work to be undertaken, such as:
- Any plans of the work
- When the work will be carried out
- Qualifications and details of the tradespeople who will do the work
- Specifications of any products being used to treat the floor to prevent noise transmission and any guarantees or warranties that may be given by the manufacturer or installer.
The owners corporation may grant approval subject to reasonable conditions and its consent cannot be unreasonably withheld. Conditions may include ensuring your flooring meets a certain acoustic standard or the requirement for documentation, such as an acoustic engineer’s report to be provided once the tiles have been installed.
On the face of it, you may not need a by-law to carry out this work if the proper approval process is followed. That said, it may be prudent and appropriate for the owners corporation to insist on a by-law. If they prefer you put a by-law in place before the work is carried out, they have the option of drafting it in a way that outlines a fair and reasonable approval process for not just you, but all owners that may wish to carry out this work in the future.
Our team would be happy to assist with the drafting of a by-law, if required. Alternatively, you can go online to By-Law Builder and order a Floor Coverings by-law for just $129 + GST.
This post appears in the April 2022 edition of The NSW Strata Magazine.
Nancy Torry Bugden Allen E: nancy@bagl.com.au P: 02 9199 1055