Introduction
In strata renovation by-laws, what does a “5 star” acoustic rating really mean? Does an owner just need to buy a product marketed as “5 star,” or do they have to prove the floor meets a scientific, installed performance standard? This distinction is critical.
In this 2025 NCAT case, PBL Law Group successfully argued that a “5 star” rating is a high-performance standard that must be scientifically measured in-situ, defeating the other owner’s claims.
The Facts
A strata scheme’s renovation by-law required the owner of an apartment (Lot 5) to install “new 5 star hybrid floor coverings”. This requirement was explicitly linked to the architectural plans, which specified a “min. 5 star AAAC rating”.
The Problem
The apartment owner (the Respondent), who was self-represented , argued that “5 star” was a “product-by-product specification”. In essence, she claimed she had complied with the by-law simply by choosing and installing a product that was marketed as “5 star”.
If this argument had succeeded, it would have rendered the acoustic protection in the by-law meaningless, as it would ignore the actual noise being transmitted to the apartment below.
Application to the Tribunal
PBL Law Group, representing the downstairs owner, successfully argued that this interpretation was legally incorrect.
We submitted that a “5 star AAAC rating” is not a product label, but a high-level performance standard for an entire installed system (the floor, underlay, and building slab combined). We used expert evidence to prove that both our expert and the Respondent’s own expert agreed that “no one product… can claim or have a ‘AAAC Star Rating'” on its own. The rating must be “determined on a case-by-case basis with in-situ… testing”.
The Decision
The Senior Member fully accepted our submission. The Tribunal found that the owner’s argument was “directly against the Respondent’s own expert evidence”.
The Tribunal rejected the “product” argument and affirmed that the by-law required a measurable performance standard. The 5-star rating was held to mean a performance of LnT,w 45, a standard the floor failed to meet.
Conclusion
The case shows the critical importance of correctly interpreting technical by-laws. It shows that acoustic “star ratings” are almost always a performance standard that must be tested, not a product label that can be bought. This legal win establishes that an owner cannot hide behind product marketing and must be accountable for the actual acoustic performance of their renovation.
If you are facing a similar issue or require guidance on a strata-related matter, contact the expert strata lawyers at PBL Law Group.
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