Renovations that have led to ongoing daily noise – what next?

Hi,

Earlier this year the new owners of the apartment above began renovations. This went for at least 5 weeks and were incredibly loud, but as we are polite we did not raise any concerns. 

However, as the renovations began to quieten, we realised that we could now hear daily noises – footsteps, doors closing, mobile phone alarms vibrating and people urinating. We discovered that the owners had removed the carpet and installed floorboards. These noises were frequent and unavoidable – even turning the television up did not always drown out the noises. We contacted strata regarding both these daily noises, as well as hammering and drilling after 8pm. Strata sent a letter regarding this and a member of the executive committee also visited the owners to enquire about their insulation – they admitted to it being only 2mm and promised they would put down rugs.

Our strata by-laws state “An owner of a lot must ensure that all floor space within the lot is covered or treated to an extent sufficient to prevent any degradation of acoustic performance and the transmission from the floor space of noise likely to disturb the peaceful enjoyment of the owner or occupier of another lot” (14.1)”. The noises that we are now exposed to are new and we did not hear similar noises prior to the renovations, which I feel clearly demonstrates there has been in a degradation in sound transfer.We understand that there is a degree of noise associated with apartment living, but the changes have been significant.

I have spoken with the owners twice – the first time, they denied that they were making any noises (despite me politely explaining we could hear their daily lives). It was only when I pointed out to them that their alarm had gone off at 6.30am, 6.40am and 6.50am the previous morning (a Saturday, no less) that they admitted that perhaps we could hear some things. They then blamed it on the old building and when I raised the idea that their insulation was insufficient, they denied this. 

Later that week a flooring certificate was provided, however, I was informed by another source that the insulation was insufficient when there are residents living below (12mm laminate floorboard and 2mm foamlay underlay.) 

Strata agreed to send another letter, but suggested that immediately moving to mediation would be more beneficial than issuing a ‘notice to comply’.

Last night I was privy to the repetitive creaking issuing from the bedroom above… I spoke with the female owner today who first denied being home at that time (I did not immediately disclose what I had heard) but she then changed her story. First she said she had heard the same sounds, but it was from another apartment, then she said she had heard the sounds coming from the outside wall. I tried to keep the issue to the insufficient insulation and said that it was for both our benefits – surely she does not want us hearing their private noises? She agreed but said that she had put rugs down in the lounge and hall and that it was our fault that we were too sensitive. For every rational point I put forward, she simply blamed us. 

I don’t agree that rugs are a sufficient solution. Firstly, they have supposedly put them down already and the noise levels have not decreased. Also, this is a temporary solution and I do not want to be in a position where the apartment is sold and then we have to deal with the same issue with new owners. (Plus, if we can hear this much from two adults, I worry about if a family with young children move in).

I would love some advice for where to go from here. At this stage, I think my best option is to hire a strata lawyer and take this to adjudication. I have been keeping track of the noises (types, dates and times) but this only extends back to the beginning of May. I have read up on different cases on this site and I am very concerned about the costs that I may be facing. However, these ongoing noises are causing stress and I feel as if my home is no longer a place of relaxation. 

Thank you in advance for any advice that you might have.

Edit – we thought that after speaking with the owner we would get at least one night of peace. But nope, hammering on and off for approx. an hour (starting just after 7pm). We didn’t go see them because now we are worried they will claim we are harassing them.