There has been a huge response to our column a couple of weeks ago about timber floors. But it wasn’t all bad news. One loyal reader had a hard-fought win after a selfish upstairs neighbour had removed carpet and put down timber flooring throughout his two-bedroom apartment.
It took hiring a specialist solicitor and an acoustic engineer then three trips to the Consumer Trader and Tenancy Tribunal but Garry (surname withheld) got a result that gives us all hope.
Initially the CTTT made orders that the floor be ‘rectified’ but there was the inevitable appeal on the grounds that the timber floor complied with the minimum Building Code of Australia.
As we know, the BCA code is worse than useless on this issue. Garry says home owners should refer to the Acoustic Engineers table that compares timber floors with carpet; it’s very difficult to get a timber floor that has the same noise insulation as carpet.
The upstairs neighbour also trotted out “medical reasons” for not having carpet but the appeal was still rejected. Then at a third hearing to consider fines for non-compliance, the tribunal rejected the guy upstairs argument that he had put down rugs and wore wearing soft-soled shoes.
A fine of $600 was imposed plus legal costs of $1,200. A few weeks later, carpet with insulating underlay was laid. Garry’s building now has a specific by-law banning timber floors.
“It is a sad reflection on the primitive state of our strata laws and BCA code that somebody has to take long expensive legal action to obtain peace and quiet from an inconsiderate neighbour,” says Garry. “Unless a timber floor can achieve the same acoustic rating as a carpet with good underlay, this type of hard flooring should be banned.”
No argument here. But isn’t it great that the CTTT has finally applied the law, logic and a little science and not only curbed the curse of cheap wooden flooring but imposed fines and awarded costs against a selfish neighbour.
It’s time Fair Trading took a chainsaw to these sub-standard floors and the carpet salesmen who dupe apartment owners into buying them in good faith. I will pass on to Garry the email addresses of anyone who wants more details of this case.
dear mr jimmy thomson.
YES YOU CAN HAVE A QUIET TIMBER FLOOR IN A UNIT.
I have read your article with interest,and would like to advise you that we have imported a special silent floating timber floor from holland for some time.
Our import has recently been interupted due to other business commitments(our company imports kids bed from brazil(www.flatpack furniture.net.au)
I would be happy to help with any enquiries you have and would be happy to reply to any questions from your readers .you may pass on my email adress if you wish.
THe timber flooring can be laid by consumer or professional
as it is easy to lay.
We still have limited stock available and can advise the noise rating as done by the”klumper test” which is a recognised test done in europe where sound rating for multiple floor units needs to comply with building standards in countries such as holland and germany.
THe floating floor is of highest qaulity and can be laid on cork or felt substrate material to lessen noise so as not to interfere with downstairs neighbours.
I would be happy to show samples etc etc to anyone interested:
My adress:
Flatpack furniture company
14 endeavour road .caringbah nsw 25235
0295252481
JimmyT writes: I can’t endorse this because I’ve never come across this before but it certainly seems worth checking out if you want to install a timber floor and stay on good terms with your neighbours.
—charles MichelsMy view – based on installing a sucessful wooden floor with the advice of an acoustics consultant – is that a floating wooden floor with a ‘cork or felt substrate’is unlikely to stop sufficient noise. Unless it is over concrete.
You probably need both double-density pink batts and dense plasterboard. Get qualified independent advice rather than make a mistake.
—PeterI was hoping acoustic underlay would be enough. The floor is concrete, currently covered by magnesite (a problem in itself) and carpet.
Peter – who is a qualified independent advisor? An acoustic engineer?
Will the other unit owner below accept their advice?
How thick is the batts and plasterboard combination you suggest? I don’t know how high the ceiling below is, and that owner is unlikely to want to lose much height (1970s building, probably 2.4-2.5m).
—termiteHi Gary
I live in a strata unit and am suffering the same problem as you with a selfish neighbour upstairs. We now have a by law prohibiting wooden floors, but his floor was installed (without consent of owner’s corporation) prior to the by law coming into effect. The wooden floor owner is now suggesting that I install some sound barrier on my ceiling.
I would be interested to know costs to you for your win and contact details for specialist solicitor used.
Any information appreciated.
Thanks and regards
—MargaretMargaret
Hi Gary… I have the same problem, selfish neighbour with a 3 year old who runs, throws tantrums on the timber flooring above. Just wondering how Schedule 1 Item 14 of the NSW Strata Management Act 2005 works.
14 Floor coverings
(1) 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.
Does that apply automatically if it is a suggested bylaw or is it only that a suggestion? So if a strata hasn’t chosen it, it doesn’t apply.
Otherwise I’m looking at soundproofing myself and at the cost of $4000 per room, yikes!
—KateThe by-law is optional – if your Owners Corporation hasn’t adopted it, it doesn’t apply. However, there are other options available, including strata laws on nuisance. Click on the atractive wooden panel on the home page and all will be revealed. By the way, I will pass your coments on to Garry (who is another apartment owner like you) but really it’s Jimmy you are writing to.
—JimmyTHi,
—Eileen LiuI’m suffering the same problem． We don’t have a by law prohibiting wooden floors in this building and the wooden floors has installed with Strata approval. Also, I was told they also installed the government approved isolation. However, I still can hear people walking above me,moving furnitures and kid running clearly. I complained the noise disturbance with the strata. But the problem still exists. My upstairs told me Strata checked their floor after my complaint, and told them the installation was legal. They can just ignore my complaint.
I’m just wondering if the Garry case would apply to me? I would like to know the detail and the cost of this case.
Thanks a lot.
Eileen
this is an apalling situation. Carpeted floors are unhealthy and promote the super high asthma problem in Australia, at the same time we re stuck with a population at the edge (22 milion) of max sustainable population in australia (scientific research pre drought reported in New Scientist). Needs better solutions for people in units/flats, far better design.Can be done. Paris flats are great,solid and quiet and they have been doing them for a long long time. Rather than exploitation by developers with strong lobbying powers. see Business Spectator, frequently lobby for developers..a specific one too.
—janet