Question: Who is responsible for addressing the noise issue caused by upstairs neighbours with floorboards lacking acoustic underlay, installed by the previous owners?
My upstairs neighbours have noisy floorboards without acoustic underlay. The previous owners installed the flooring. The new owners are a family who make more noise and have loud children. The owners corporation claims they can’t do anything since the current owners didn’t install the floor. Who is responsible for addressing this noise problem?
Answer: The owners corporation should seek to regularise unauthorised works and have the current/previous owners obtain the proper approvals.
In relation to unauthorised works in general, the owners corporation should be seeking to regularise them and have the current/previous owners obtain the proper approvals.
There is case law that imposes on the owners corporation the duty to remove any alterations or additions to the common property that have been made by an owner without its approval and re-instating the common property to its previous condition.
Despite the above, you will likely have the standard flooring by-law (which requires floor coverings in case of unreasonable noise) and the nuisance provisions under the Strata Schemes Management Act, 2015 (NSW) regulates such noise too.
This post appears in the October 2023 edition of The NSW Strata Magazine.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
I recently moved to an apartment block after living in a house for over 20 years. It was difficult at first but was going used to it until the people living above my apartment started making all sorts of noise starting in the afternoon and some days going on till early hours of the morning.
I am an elderly person with health issues and i this is making matters worse for me as I am not getting enough rest and sleep due to these people.
I did complain to strata manager and he did send and Email regarding this matter but it hasn’t made any difference as they still continue.
I really would like to know what is going on upstairs as I have indicated that that there noises are disturbing me but to no avail.
What do you do?!!
I ha
Hi Ayoma
Thank you for sharing what you’re going through. It must be incredibly frustrating and exhausting to deal with constant noise, especially when it’s affecting your health and sleep. Moving from a house to an apartment can already be a big adjustment, and it’s understandable that this situation has made it much more challenging.
We have a video on breaches for things like noise issues in strata that may help you better understand your options and the steps that can be taken in situations like yours. I hope you find this useful.
NSW: Bylaw breaches – The step by step guide to enforcement
Our apartment neighbors upstairs are constantly walking, banging & slamming the doors way too loud. Sometimes they do this at 2am onwards which disturbs our sleep and peace. We are physically exhausted since we can’t get enough sleep because of them.
We have the same floor plan and our bedrooms are carpeted but they still manage to stomp and squeak really loud. The worst part is it vibrates every time they walk which is awful to hear and feel. Is this normal? Doesn’t carpet helps with noise?
They are aware with the noise that they are making since we’ve already addressed it with the office which isn’t a help at all. They told us that it is “general noise” when the people upstairs are just doing it on purpose. I asked them to come to our unit so they can listen to it but nobody ever showed up and they just offered us an early termination. What are the moves that we can do? Is this nuisance and are we be able to ask for legal help?
In Queensland, can the Body Corporate buy it’s own Building Management rights? We could then employ a caretaker. I have heard there is an issue that might tangle us up relating to the use of the apartment that comes bundled with those rights. What are the considerations please?
Hi Mark
The following response has been provided by Todd Garsed, Mahoneys:
In short – yes. However, the rights aren’t necessarily purchased, they are terminated in return for a settlement sum.
There are a number of different considerations as to how to implement such an arrangement (and whether it would be worthwhile to do so) depending on the specific circumstances of the building.
This would include a consideration of, for example:
1. How the purchase is funded (as this would not have been budgeted previously);
2. Whether owners would approve the arrangements;
3. The terms of the management rights agreements;
4. What type of letting licence the manager has;
5. Whether the manager (or a related entity) owns a lot in the scheme;
6. Whether the by-laws give the manager’s lot any specific rights or privileges;
Without reviewing these details it is not really possible to give any specific guidance but if the committee were considering going down this path it should ensure that it receives proper advice on at least these issues.