3.10.4 Considerations | Owners Corporation Network

3.10.4 Considerations

Adjudicators seem to be at least as concerned with whether or not the noise is disturbing (which is where the by-law breach occurs) as they are about whether or not the floor meets BSA or acoustical engineering standards.

There seems to be an acceptance that the BSA standards are not an acceptable guide as to whether or not the floor is properly insulated against disturbing noise so anyone relying on that as a defence is skating on thin ice. Failure to meet Acoustical Engineers standards for carpeted floors (and few if any wooden or tiled floors can) may be a more significant consideration. A recent CTTT Appeal Decision states that while the floor meets BSA standards, it is still 25 percent less effective than carpeted floors and that’s why the upstairs neighbours lost their appeal.