This document discusses installing floor coverings within strata scheme lots in NSW. It provides background on relevant legislation and by-laws, solutions to issues around noise transmission, and cases that support passing a by-law to regulate installing floor coverings. Key points covered include that a by-law can specify procedures, materials allowed, sound requirements to prevent noise transmission, and assist avoiding breaches of the existing by-law on floor coverings. Legal precedent from cases is also provided.

1.
INSTALLATION OF FLOOR COVERINGS WITHIN LOTS (NSW)
FREQUENTLY ASKED QUESTIONS
What is the problem?
There is no specific provision in the Strata Schemes Management Act 1996 (the Act) stating
that you must have a special by-law for the purpose of installing floorboards in your lot, however
a by-law is often requested by an owners corporation because of model by-law 14 (floor
coverings) in Schedule 1 of the Act.
By-law 14 states that “an owner of a lot must ensure that all floor space within the lot is covered
or otherwise treated to an extent sufficient to prevent the transmission from the floor space of
noise likely to disturb the peaceful enjoyment of the owner or occupier of another lot.” The by-
law does not apply to floor space comprising a kitchen, laundry, lavatory or bathroom.
What is the solution?
The owners corporation, owner or occupier affected may want to first speak to the offender
about the problem and negotiate a solution. This is only recommended where you feel that it is
safe to approach the offender about the problem. An owners corporation, owner or occupier can
also apply to the Consumer, Trader and Tenancy Tribunal for an order the offender rectify the
sound transmission issues.
Alternatively, the owners corporation can introduce a “one off” empowering by-law specifying
the procedure for obtaining consent from the owners corporation to install such floor coverings
in owners lots and on so much of the common property that is necessary. This means each time
a lot owner wants to undertake this work, a special by-law is not required.
A by-law can also specify the types of floor coverings allowed and sound transmission
requirements to ensure that a lot owner has sufficiently covered the floor space to prevent noise
transmission.
What makes the TEYS Lawyers by-law unique?
 One-off expense for the entire building
 Simple language
 Defines the types of floor covering allowed
 Provides for conditions in respect of acoustic and sound transmission requirements
TEYS Lawyers Pty Ltd Simone Balsara
Strata Law Specialists Lawyer
ABN 11 127 707 671 E: simone@teyslawyers.com.au
Suite 73 Lower Deck, Jones Bay Wharf T: 02 9562 6500
26 – 32 Pirrama Road, Pyrmont NSW 2009 F: 02 9562 6555
GPO Box 4157, Sydney NSW 2001
Liability limited by a scheme approved under Professional Standards Legislation

2.
 Outlines the owners corporation’s consent requirements
 Includes maintenance and indemnity provisions regarding installation
Are there cases and legislation that support passing such a by-law?
Where there has been a breach of by-law 14, such as when one lot owner complains about
noise emanating from another lot owner’s lot caused by the lack of floor coverings, an
Adjudicator can make an order against the offending owner in respect of removal, replacement
or rectification to ensure sufficient insulation of the flooring.
In Franks v Ferrier, the Adjudicator found that the offending owner had not provided any
evidence as to the steps taken to ensure that adequate insulation was incorporated in the new
flooring and that by-law 14 requires the floor coverings to be sufficient to prevent the
transmission of excessive noise. In this case, the offending owner was found to be in breach of
by-law 14 and was ordered to take the appropriate action to rectify the works carried out to
ensure sufficient insulation of the flooring.
Similarly in Owners Corporation SP 71533 v Nguyet Le, the offending owner was found not to
have obtained consent and found that the floor space was not covered or treated to an extent
sufficient to prevent the transmission of noise.
In Yan & Wen v Wang & Zhang an offending owner was penalised $2,500 for breaching an
Adjudicator’s order in failing to take the appropriate measures to prevent noise transmission
such that it did not interfere with the peaceful enjoyment of other lot owners.
A by-law that covers issues such as consent requirements, conditions in respect of adequate
acoustic and sound insulation, and certification from a certified acoustic engineer will also assist
in avoiding the breach of by-law 14. By introducing such a by-law, an owners corporation will be
able to ensure the installation of such floor coverings by lot owners is sufficient and does not
interfere with the peaceful enjoyment of other lot owners.
Where can I get more information?
Franks v Ferrier (Strata & Community Schemes) [2002] NSWCTTT 832 (17 December 2002) –
http://www.austlii.edu.au/au/cases/nsw/NSWCTTT/2002/832.html
Owners Corporation SP 71533 v Nguyet Le (Strata and Community Schemes) [2008]
NSWCTTT 1164 (22 July 2008) –
http://www.austlii.edu.au/au/cases/nsw/NSWCTTT/2008/1164.html
Yang & Wen v Wang & Zhang (Strata & Community Schemes) [2011] NSWCTTT 139 (11 April
2011) – http://www.austlii.edu.au/au/cases/nsw/NSWCTTT/2011/139.html
Newburg v The Owners Strata Plan 61198 (Strata & Community Schemes) [2010] NSWCTTT
220 (20 May 2010) – http://www.austlii.edu.au/au/cases/nsw/NSWCTTT/2010/220.html

3.
How do we get a by-law that provides regulations around installing floor coverings?
Call TEYS Lawyers on 02 9562 6500 or email simone@teyslawyers.com.au for an estimate to
prepare and register this additional by-law for your strata scheme.