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QNA Tenants Issues and Concern


29 Nov 2022

Question: The tenants in our apartment are experiencing issues with the noise from the sub flooring of the apartment above. The flooring is hardwood and part of the original building’s construction. Are we required to organise an acoustic test, or is that up to strata?

We own an investment apartment in Victoria. There is an issue with the subfloor from the apartment above ours. Regular living from the upstairs tenant, such as simply walking around the apartment, seems to be causing serious creaking to the degree that we are at risk of losing our tenant. Our tenants have supplied videos to illustrate the level of noise and how it is affecting their quiet enjoyment. This seems to be particularly bad above the master bedroom, affecting our tenant’s sleep.

The flooring is hardwood flooring and part of the original building’s construction, not floating floorboards.

Given this issue seems to be occurring in the space between the two apartments, is this considered common property? Is this an issue to be looked at by the owners corporation and can it be fixed as part of strata insurance? Do I engage an acoustics consultant myself and then take the assessment to the owners corporation?

Answer: By obtaining an expert acoustic report, it demonstrates to all other parties that you are serious about resolving the issue.

It is prudent that you first obtain an acoustic expert report to support your claim that the structure between the above unit and your unit does not have sufficient insulation and must be rectified. By obtaining an expert report, it demonstrates to other parties (whether it is unit owner above or the owners corporation) that you are serious about requiring this issue to be resolved.

To determine if the structure between the two units is common property, you must refer to the plan of subdivision which explains which part of the development is common property or private property.

Rochelle Castro
RC & Co Lawyers