1.
INSTALLATION OF FLOOR COVERINGS (QLD)
FREQUENTLY ASKED QUESTIONS
What is the problem?
A neighboring lot owner has installed new floor covering in their apartment and the noises from
the scraping of furniture, stomping of feet and clacking of heels is interfering with your peaceful
enjoyment of your lot.
What is the solution?
The body corporate, 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.
The body corporate, owner or occupier can apply to the Officer of the Commissioner of Body
Corporate and Community Management (BCCM) for an order the offender rectify the sound
transmission issues.
Alternatively, the body corporate can pass and enforce a by-law specifying the procedure for
obtaining consent from the body corporate to install such floor coverings in the lot and on so
much of the common property that is necessary.
This means each time a lot owner wants to undertake this work, the types of floor coverings
allowed and sound transmission requirements are specified under the body corporate by-laws.
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
 Outlines the owners corporation’s consent requirements
TEYS Lawyers Pty Ltd
Strata Law Specialists
ABN 11 127 707 671 E: qld@teyslawyers.com.au
Suite 73 Lower Deck, Jones Bay Wharf T: 07 5563 3301
26 – 32 Pirrama Road, Pyrmont NSW 2009
GPO Box 4157, Sydney NSW 2001
Liability limited by a scheme approved under Professional Standards Legislation

2.
Why should the body corporate pass such a by-law?
Making such alterations in a lot that effects common property without the written approval of the
body corporate is a breach of by-law 5 of the Schedule 4 by-laws in the Body Corporate and
Community Management Act 1997 (Act).
By-laws are stated in the CMS for the scheme (s.66(1)(e) of Act). The CMS is binding on the
body corporate, each lot owner and each person who is otherwise an occupier of a lot or
common property (s.59(2) of the Act).
A by-law comes into force on the day the registrar records the relevant CMS (s.179 of the Act).
All owners and occupiers are obliged to comply with valid by-laws, unless or until the owners
vote to modify or remove a particular by-law (BCCMA, s59).
Where another occupier complains that the new floor coverings are interfering with the peaceful
enjoyment of their lot there may also be a breach of by-law 1 of Schedule 4 by-laws in the Act.
Nathans Villa [2011] QBCCMCmr 300 (20 July 2011)… where the body corporate obtained an
order against a lot owner to remove a new tiled floor for failing to comply with guidelines in the
by-laws for “Flooring”.
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/qld/QBCCMCmr/2011/300
Amending the CMS by introducing a by-law that provides owners with a clear guideline will
prevent the breach of by-law 1 and 5 of Schedule 4 by-laws in the Act.
How do we get a by-law that provides regulations around installing floor coverings?
Call TEYS Lawyers on 07 5563 3301 or email qld@teyslawyers.com.au for an estimate to
prepare and register this additional by-law for your scheme.