FAQ

1.
INSTALLATION OF FLOOR COVERINGS WITHIN LOTS (VICTORIA)
FREQUENTLY ASKED QUESTIONS
What is the problem?
A neighbouring 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 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.
The owners corporation, owner or occupier can apply to the Victorian Civil and Administrative
Tribunal (VCAT) for an order that the offender rectify the sound transmission issues.
Alternatively, the owners corporation can pass and enforce a rule specifying the procedure for
obtaining consent from the owners corporation 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 owners corporation rules.
What makes the TEYS Lawyers by-law unique?
ü One-off expense for the entire building
ü Simple language
ü Defines the types of floor covering allowed
ü Provides for conditions in respect of acoustic and sound transmission requirements
ü Outlines the owners corporation’s consent requirements
ü Includes maintenance and indemnity provisions regarding installation
TEYS Lawyers Pty Ltd
Strata Law Specialists E: vic@teyslawyers.com.au
ABN 11 127 707 671 T: 03 9005 6367
Liability limited by a scheme approved under Professional Standards Legislation © Copyright TEYS Lawyers 2012

2.
Are there any cases or legislation on floor coverings?
The model rules for owners corporations in Victoria sets out that altering the common property
without the written approval of the owners corporation is a breach of rule 3.3. (1) of the
Schedule 2 model rules in the Owners Corporation Regulations 2007 (Regulations).
Therefore, an owner or occupier ought to obtain the owners corporation written consent before
altering the floor coverings within their apartment.
An owners corporation may make a rule that implements a mandatory approval process for
alterations to floor coverings within the scheme. The rule can designate liability for any damage
caused to the common property during installation and specify who is responsible for the
maintenance and upkeep of floor coverings.
Where another occupier complains that new floor coverings are interfering with the peaceful
enjoyment of their lot there may also be a breach of rule 5.2. (1) of the Schedule 2 model rules
in the Regulations.
A rule 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.
How do we get a rule that provides regulations around installing floor coverings?
Call Teys Lawyers on 03 9005 6367 or email vic@teyslawyers.com.au for an estimate to
prepare and register this additional rule for your strata scheme.
Liability limited by a scheme approved under Professional Standards Legislation © Copyright TEYS Lawyers 2012