This article discusses unachievable acoustic flooring strata requirements, explaining what owners can do when by-law standards cannot be met due to building limitations and when NCAT intervention may be necessary.
Question: Due to the poor quality of our slab, we have been unable to source a flooring product that will achieve a 5 star acoustic rating. Will the owners corporation recognise this or would we be best to proceed through NCAT?
My by-laws state I am required to achieve an AAAC star rating of 5 if installing floorboards. After conducting almost 30 different acoustic tests, engaging 2 acoustic consultants and speaking to 11 other acoustic consultants, we have not been able to find a product (flooring and underlay) that achieves a rating of 5. A rating of 4 is the best I can achieve.
Consultants are advising that due to the poor quality of the slab, achieving a rating of 5 would be almost impossible without performing other major construction work. Should I escalate the matter to NCAT so that Strata can approve a 4-star rating or are my hands tied and I can never install floorboards?
Some further context for consideration:
- Strata have confirmed that no tests were performed when considering the 5-star rating. They have advised that due to the age of the building, that they chose the 5-star rating as the requirement
- Other units have hard floors and when I requested what they installed, Strata / Building Manager have been unable to assist as the records have been lost
Answer: Even if you were able to install a flooring system that achieved the 5-star rating, you may still find yourself dealing with noise complaints.
It sounds like the by-law was put in place without adequate consideration of the actual achievable outcome based on the existing building constraints. Based on the acoustic consultant advice you have outlined, the best practical outcome is a 4-star rating. However, if it is feasible to achieve 5-star, you could be held to the by-law even if the cost of achieving 5-star is prohibitive.
If the 5-star is not possible and your Owners Corporation is unwilling to compromise by allowing 4-star, it may be your only pathway is through NCAT. It is recommended to obtain legal advice from a Strata Law firm who will be able to help you navigate this situation.
There is also the requirements of the Strata Schemes Management Act and Regulations to consider. Your Strata Manager should be able to provide guidance on this, but may also direct you to seek legal counsel.
Keep in mind, even if you were able to install a flooring system that achieved the 5-star rating, you may still find yourself dealing with noise complaints, especially if the new flooring results in an increase in impact noise transmission, despite installing the required acoustic rating. Its all about adjoining lots having a right to “peaceful enjoyment”.
This post appears in Strata News #527.
Ian Martyn CORE Project Consulting Pty Ltd E: admin@core.engineering P: 02 8961 3250