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Win for Lot Owner: NCAT Forces Neighbour to Fix Noisy Hard Floors

Win for Lot Owner: NCAT Forces Neighbour to Fix Noisy Hard Floors

Raea Khan
November 12, 2025
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Key Takeaways

Core Issue: Noise from an upstairs neighbour’s hard floor breaches a strata by‑law’s acoustic standard, infringing the downstairs owner’s right to quiet enjoyment.
Key Requirement: The by‑law demands a “5‑star” acoustic rating (LnT,w ≤ 45); the floor measured LnT,w 50, therefore it fails the statutory threshold.
Primary Remedy: Apply to NCAT with expert acoustic evidence; the Tribunal can issue a work order compelling the neighbour to either replace the floor with carpet or treat it to achieve the 5‑star rating within 3 months, and to allow re‑testing.
Critical Warning: Without objective expert proof the claim may be dismissed, and any delay can forfeit the opportunity to obtain an enforceable work order.

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Introduction

One of the most common strata disputes is noise transmission from a neighbour’s hard flooring. When a neighbour’s renovation breaches a by-law and causes acoustic distress, what can be done?

In this case study, we look at a 2025 NCAT case where PBL Law Group represented a lot owner who successfully sued their upstairs neighbour. The Tribunal was convinced by our expert evidence and issued a work order forcing the neighbour to rectify their non-compliant, noisy floor.

The Facts

Our client owned a strata lot who lived directly beneath another apartment (Lot 5). The owner of Lot 5 was bound by a special by-law that had been passed for their renovation.

A key requirement of this by-law was that any new hard flooring must meet a strict “5 star” acoustic rating, as detailed in the approved plans.

The Problem

After the upstairs owner completed their renovation, our client experienced a significant increase in noise from footsteps and impacts. They suspected the new “hybrid floor coverings” failed to meet the “5 star” acoustic standard required by the by-law.

This left our client in a position of ongoing distress, with their right to quiet enjoyment of their apartment being severely impacted by the neighbour’s non-compliant works.

Application to the Tribunal

PBL Law Group, on behalf of the downstairs owner, applied to NCAT for an order to settle the dispute and enforce the strata by-law.

A crucial part of our strategy was engaging an acoustic expert. This expert conducted in-situ impact noise tests on the floor in Lot 5. The test results were definitive: the floor measured LnT,w 50. This failed the 5-star requirement, which demands a score of LnT,w 45 (a lower score is better). In fact, the Respondent’s own expert had to agree that this result showed a “lack of compliance”.

The Decision

The Tribunal found decisively in our client’s favour, making a finding that the Respondent was in breach of her obligations under the by-law.

The Senior Member issued a “work order” compelling the upstairs owner to fix the non-compliant floor within 3 months. The order gives the owner the choice to either:

Remove the hard floors and install carpet; or
Otherwise, treat the existing floors until they achieve the 5-star acoustic rating .

Critically, the Tribunal also ordered that the Respondent must permit our client’s acoustic expert to re-enter the apartment to conduct new tests to prove the floor is finally compliant.

Conclusion

The case shows that a lot owner can take direct action to enforce a strata by-law against a non-compliant neighbour. The case shows that NCAT will issue practical, enforceable “work orders” to force an owner to rectify a breach that impacts another resident.

This win highlights the power of using objective, expert acoustic evidence to prove a breach and protect your right to the quiet enjoyment of your home. If you are facing a similar issue, contact PBL Law Group’s expert strata dispute NCAT lawyers for specialist advice.