Floor sound proofing

Hi all. I have a question and wondering whether anyone can offer any advice on whether you think there is a legal obligation to meet Building Code of Australia Section 3.9 re sound proofing?

Scenario:
A residential unit in a 3 story block that was constructed in 1973, requires renovation work due to its age/deterioration etc.
The by-laws state words to the effect of:
'A proprietor shall not make any undue noise in or about any unit or common property'
There is nothing documented to say that flooring has to be replaced with any particular product.

So, if carpet flooring is replaced with something like ceramic tiles in the main living/kitchen areas, is there any legal obligation to comply with BCA 3.9?

Kind Regards,
J

No. If there is a unit below then you cannot have a hard floor surface. The only rooms that are the exception to this are the bathroom and/or laundry. However, if the body corporate allows it ( not all do ) they can still install a hard surface floor but must install soundproofing to either just under the new flooring or to the ceiling in your unit, both of which can be quite expensive. Not sure if it's the BCA or strata rules.

Stewie

Stewie, hi. None of the by-laws stipulate flooring requirements. However, the BCA does include maximum noise limits IE impact and airborne. So for a renovation in an older building, do you know if there is a legal obligation to comply with the BCA noise requirements? Cheers.

I know it would be under "Amenity" in the BCA and looking up my old version it states no noise transmission greater than 62dB as worked out by acoustic engineers. The strata laws are the one you should be looking at mostly and your strata manager should be able to point you in the right direction there. We had exactly the same in our old unit when the arrogant prick upstairs ( we had a lot of run-ins with this guy over the years ) ripped up his carpet and polished his floorboards in all rooms. I knew the rules but didn't say anything until they had finished the job. Then I went to see the strata manager and she sent him a cease and desist notice under the NSW strata laws. She said that if he failed to comply with the order that the body corporate would take him to court. When the other owners heard they hit the roof and looking at the prospect of hefty legal costs ( a 1/4 of which he would have to pay as a member of the body corporate ) brought a lot of pressure on him. It cost him a lot of money to rectify the problem, a fact that I was happy to point out to him on more than one occasion.


https://www.lookupstrata.com.au/nsw-hard-surface-floors-in-strata-schemes/

https://www.lookupstrata.com.au/category/noise/noisensw/

https://www.afr.com/personal-finance/apartment-living-the-trouble-with-timber-floors-20180523-h10gkl

https://www.ocn.org.au/book/export/html/1422

Here is probably the best guide... https://www.flat-chat.com.au/timber-flo ... frictions/

Are you the one looking at doing this or is it someone else above you?

Stewie

No it wouldn’t you need sound proofing, try regupol

Wood bang, hi. I did not understand what you meant by 'no it wouldn't'. Can you please explain what wouldn't?

Tile on existing floor wouldn’t comply, you need to add in sound insulation such as regupol