I am planning to change the carpet in my apartment to hybrid flooring. I have been told I must send in an application for approval showing the products I intend to use etc. as well as pay to get the flooring acoustically tested after installation to ensure it achieves a certain acoustic rating. There doesn’t seem to be any by-laws that actually require this. With this being the case, do I actually need the approval to go ahead with this? – A, QLD

Q: I am planning to change the carpet in my apartment (in QLD) to hybrid flooring. I asked the body corporate manager about the matter and they said I would have to send in an application for approval showing the products I intend to use etc. as well as pay to get the flooring acoustically tested after installation to ensure it achieves a certain acoustic rating. However, there doesn’t seem to be any by-laws that actually require this. The only by-laws that apply to renovations cover those that affect common property or would change the external appearance of the lot. With this being the case, do I actually need the approval to go ahead with this? While I appreciate the concern about noise transmission, the flooring provider has said that any hybrid flooring should easily achieve the required rating based on the construction of the ceilings in the building, and I am hoping to avoid paying for a costly acoustic test. The unit, as well as other units in the building, also currently has tiled areas which would almost certainly have a worse acoustic rating than hybrid flooring.

A: As with all major renovations, it is best to get the necessary approvals in place before you begin chaning anything within your lot. This means having a renovation by-law in place and an approved special resolution vote.

The acoustic rating will be up to your body corporate, and may or may not be covered in your body corporate by-laws. It may, however, be enough to present your body corporate manager with a sound rating document for the hybrid flooring you plan to use if such information is available. These issues should also be covered by your renovation by-law.

If you need help with renovation by-laws consider using the service of our body corporate legal and by-laws specialists, Kemps Petersons Legal.