A recent decision from the Tribunal has provided some interesting insight into a lot owner obtaining an order against another lot owner in relation to breach of the by-laws resulting in excessive transmission of noise due to the installation of new flooring.
Noise issues are often difficult to resolve. They commonly arise from someone renovating and replacing floor coverings without sufficient acoustic insulation. The owner affected by the noise, usually the owner residing in the lot located directly below the flooring, may have a difficult time resolving the issue. Often the owners corporation itself (via the strata manager or strata committee) will not be willing to assist or become involved. Sometimes this is due to the strata manager or strata committee not understanding the law or not having undertaken due process prior to the flooring being installed. Sometimes there will just be a general reluctance to get involved due to time and cost constraints. The situation often escalates due to the stress and frustration the noise causes to the owner affected by the noise.
In the case of Ciric v The Owners – Strata Plan No. 67113 and Blanch [2025] NSWCATCD 12, Ms Ciric made an application in the NSW Civil and Administrative Tribunal against the owners corporation and another lot owner (Ms Brown) seeking the removal of flooring which was not installed in compliance with the by-laws. Ms Ciric’s lot was located directly below Ms Browns lot.
The new flooring was installed on 11 July 2022, prior to Ms Brown purchasing her lot. A few days later Ms Ciric complained about noise emanating from the flooring and affecting her lot. The owners corporation issued a breach letter on 9 November 2022 in relation to the noise and other issues. However, on 8 March 2023, despite the complaints from Ms Ciric, the strata committee attempted to retrospectively approve the installation of the flooring. Ms continued to complain about the noise.
Ms Brown purchased the lot (which was causing the noise) on about 14 February 2024. On 1 March 2024 the owners corporation issued a notice to Ms Brown requiring acoustic testing to ensure the new flooring (which had been installed prior to Ms Brown purchasing the lot) satisfied the requirements of the by-laws.
On 6 May 2024, the owners corporation, at its expense, engaged an Acoustic Engineer (Octave Acoustics) to undertake a field test for floor impact sound installation and an acoustic report was issued on 7 May 2024. The field test result was 51 L’nT, w. (Weighted Standardised Field Impact Sound Pressure Level).
The Tribunal found that, based upon the report by the Acoustic Engineer, it was satisfied that there had been a breach of the by-laws. The by-laws specified the sound pressure level must not exceed 40 L’nT,w and the result obtained at the field test produced 51 L’nT, w.
The Tribunal also found that, as the flooring was installed on 11 July 2022 and the approval was given retrospectively on 8 March 2023, this did not constitute “prior written approval” which was a requirement of the by-laws.
The Tribunal made an order against Ms Brown under sections 232 and 241 of the Strata Schemes Management Act 2015 to achieve compliance with the by-laws by laying compliant floor coverings on, or by treating, certain areas of the floor within 60 days and to obtain an acoustic report based upon testing to certify that floor coverings achieve the requirements of the by-laws.
This was a good result for Ms Ciric however Ms Ciric was also quite fortunate that the by-laws specified a maximum and reasonable Weighted Standardised Field Impact Sound Pressure Level. Ms Ciric was also fortunate that the relevant by-law applied to successors or transferees and accordingly was not limited to the particular owner who installed the non-complaint flooring. Had the by-laws not provided for this, Ms Ciric’s claim may have been more difficult to establish both based upon the facts and the law.
If you are experiencing noise issues in your strata scheme it is always important to review the registered by-laws carefully and there are also numerous provisions in the Strata Schemes Management Act 2015 which need to be taken into consideration. We can provide advice in relation to the by-laws and the law.
Noise issues between lot owners can be difficult to resolve easily and quickly, however we can provide you with strategies to promote the resolution of the problem informally. If necessary, we can also assist you in taking more formal steps to resolve the problem, such as mediation and making an application in the Tribunal to commence legal proceedings.
Important Notice:
The information provided in this article is general information only and should not be relied upon as legal advice or be used as a substitute for obtaining legal advice. The examples provided have been simplified to explain a particular issue and there are other factors which need to be taken into consideration. The specific circumstances relating to you impact upon your legal rights and obligations and personal legal advice based upon your circumstances should be obtained. This area of law changes frequently and the law may have changed after the time this article was prepared, up-to-date legal advice should be obtained.
