Timber floor by-law came ‘too late’

Hi there, I’ve just read your article on timber floors.

I’m in a solid 1960’s red brick and concrete block in NSW. I’ve owned & lived in the building since 1999 (very contented) and so happy in fact, I bought 3 levels up, to get a better view.

Original floors are concrete slabs and have magnesite and carpet. Some owners have layed floorboards, which encouraged the BC to register a by-law, forcing owners to gain written approval, with a commitment to supply a high standard of floor insulation, prior to approval.

However, 8 months before the by-law was registered (it was in discussions for almost a year) my Neighbour above installed a floating timber floor. He removed the carpet, underlay and magnesite. I have photos as evidence. The noise transmission now is offensive and unbelievable! To the extent that I hear conversations, in the still of night. It is sending me insane!

The EC have stated it is not their problem, as the floor was layed prior to the new by-law registration. Is it true that a technicality allows an EC to wipe their hands of the situation?  To date, Nobody can provide me with written approval, which was a standard request prior to the new by-law.

A tenant occupies the unit upstairs. The owner resides off shore, and although he has since placed mats…he blissfully ignores the enormity of the situation.

To add to the torment, the tenants hours are not in sync with mine, so I am now wearing earplugs to try and block some noise, but the constant pace of shoes/heels at 11:30pm and 4:45am, on boards, is torture. This is during the week….weekends are 2am/3am pacing, from bedroom to bathroom to living room, in shoes!

I have notified the absentee owner, and asked for an acoustic report to be done in order for him to gain a true understanding of the noise transmission, but this was to no avail. He feels that his actions in placing floor mats & notifying the Managing agent will suffice. A few mats have not solved the problem. In a perfect world, a ruling for him to carpet the bedrooms would be helpful. 

Any advice would be greatly appreciated. I really don’t want to have to go to fair trading or CTTT.

Cheers Mitsy