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Topic
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I purchased a ground floor unit late last year. It is a two-floor building. After we moved in, we found that there are constant noises from upstairs, footsteps, chair/table moving, activities in the kitchen, bedroom doors openning and closing, etc. The tenants upstairs don’t seem to do anything crazy. It looks like a flooring issue to us. I learned from the tenants that the owner upstairs installed cheap thin carpets 2 years ago. So I complained to the strata manager. After a month or two, the manager managed to obtain a carpet replacement certificate from the agent that manages the property, showing that they complied with rules. And no further action was taken. A few days ago, I told the strata manager that I want to take the matter to NCAT. So the strata manager arranged their property manager and the carpet installer to come to investigate the issue. We had some email communications to arrange a date. What the property manager and the carpet installer want to do is to pull up the carpet to show us what type of underlay that they use.
My questions are:
1. Is this kind of simplistic “investigation” enough?
2. Should we hire an acoustic engineer to investigate this matter?
3. If we hire an acoustic engineer, who should pay the acoustic engineer? I? The owner upstairs? Or the strata?I would really appreciate some suggestions. Thanks in advance.
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1 No
2 Yes
3 You initially.
You are entitled to quite enjoyment of your lot. That you are not getting it is a serious matter. If you can’t get a resolution with the upstairs owner, then certainly take it to NCAT.
In order to prove your case you need expert witnesses. The carpet layer nor the SM are not experts in noise. You need to hire the expert, but the cost can be recovered when you win the case.
The legal argument revolves around the fact that you can’t get quite enjoyment, not what type of underlay is installed.
Additionally keep a diary noting when the noise occurs and take recordings of the noise.
Good luck
Hi, if you’re in Sydney I can recommend an acoustic engineer in North St Marys (think they’ve moved from Drummoyne) and I sympathise. The building standard of 62dB is woefully inadequate in most buildings (carpet with good underlay is rated at 39dB). It might be a good idea in the first instance to visit your neighbours but if they’re anything like the herd of elephants (5 in total) above me….. Sadly my neighbours are intimidating bullies and the children are being brought up the same. Good luck
I support all the comments above, but I do wonder about one thing. Did you move into your flat from a free-standing house, as many downsizers do? Noise levels in medium density are inevitably not the same as on your old quarter-acre block.
It may be “the standard” but the critical issue is whether or not it does the job and in your case it clearly doesn’t, at least, not to your satisfaction.
There are so many other issues in the noise insulation and so many variables, such as the thickness of the slab and the density of the concrete pour, that using the thickness of the insulation and carpet as the only metric is frankly ridiculous.
The main issue is noise transmission allied to your legal right to the peaceful enjoyment of your lot. If the former compromises the latter, minimum building standards are almost irrelevant.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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