One Noise Complaint. Remove the Floor?

Know the by-law and check the approval

Obtain the current registered by-laws. Review the flooring application, plans, approval conditions and available installation records. Request the relevant acoustic documentation and specifications. The records gap needs investigation; do not assume that a missing document proves every aspect of an alleged breach.

NSW Government guidance distinguishes laying carpet from installing or replacing hard flooring, including removing carpet. Check the actual scope of work and the applicable approval pathway, including any valid authority delegated to the committee. Approval history and noise compliance are separate questions. Neither an approval nor the installer’s assurance automatically settles the other issue.

Examine the evidence and hear both owners

Review the five reported incidents: dates, times, frequency, duration and descriptions. Ask what was heard, where it was heard and what records are available. Give the upstairs owner a reasonable opportunity to respond.

Consider an appropriate acoustic assessment where the circumstances justify it, with proper authority for its scope and cost. The relevant by-law, approval conditions, installation details and assessment method matter. There is no universal acoustic decibel threshold to invent for every scheme, and the installer’s statement does not by itself prove compliance.

Good practice may include an agreed interim measure, such as rugs or changes to early-morning activity, while the evidence is checked. An interim agreement should not be presented as a final finding of breach.

Confirm authority before issuing a formal notice

Section 146 of the Strata Schemes Management Act 2015 requires a Notice to Comply to identify the relevant by-law, contain a copy of it and use the approved form. The owners corporation must be satisfied that the person has contravened that by-law. A notice is not a shortcut from an allegation to a flooring-removal order.

Check the authorisation requirement before giving the notice: an owners corporation or strata committee resolution is generally required, subject to applicable statutory exceptions, including a valid delegation of this function to the strata managing agent. Check the scheme’s circumstances and the scope of any delegation. A committee instruction alone does not answer every question about the power to require removal.

The manager should recommend a proportionate response supported by the evidence and confirm who can make the relevant decision. Where a binding remedy or order is needed, obtain suitable advice about the correct application and authority rather than treating a removal demand as self-executing.

Use the appropriate pathway if the dispute remains unresolved

Early communication may help. If the issue remains unresolved, consider NSW Fair Trading mediation and, where appropriate, NCAT. Check the requirements, available orders and any mediation prerequisite or exception for the particular application.

Do not dismiss the matter as purely private without checking the scheme’s by-laws and responsibilities. Equally, do not treat a single complaint as an automatic entitlement to a particular remedy.