Flooring

Are you considering new flooring for your unit?

If you're considering putting new flooring in your unit then before any work commences, it's very important to keep in mind that you must notify the Owners Corporation of what you would like to do and you must ensure that the Owners Corporation does not have any objections. If you don't do that, you will be in breach of the building's by-laws and there's a higher risk that you could be required to subsequently remove the flooring at your own expense.

Please note: if you would like to download our building's by-laws (a number of which are referred to on this page) please click here.

If you're planning to renew an existing area of carpet in your unit with a similar type of carpet, then the Owners Corporation is not generally going to object to that, although you must notify the Owners Corporation before moving materials through common property, to comply with By-Law 13 (as further clarified below).

When choosing new flooring, please be particularly sensitive to the fact that the floors in The Venetian are made of reinforced concrete and that many types of noise are easily transmitted. Tiles or wooden floors in entrances, living areas or bedrooms that are fitted directly to the concrete, are likely to transmit an unacceptable amount of noise to nearby units. 'Floating floors' can help reduce noise transmission but you still need to follow the process outlined below, even if you'd like to install a floating floor.

Why you need to notify the Owners Corporation

There are a number of important reasons why you must notify the Owners Corporation and why you need to ensure there are no objections to what you would like to do.

Firstly, please keep in mind that the concrete floor in your unit is 'common property' and that By-Law 5 states:

"You must not must not mark, paint, drive nails or screws or the like into, or otherwise damage or deface, any structure that forms part of the common property except with the written approval of the owners corporation."

Secondly, once you have established that there are no objections (by following the process outlined below), the installation of new flooring will require the moving of old and new flooring materials through common property areas. At least 7 days notice of this needs to be given to the Owners Corporation (by sending an email to stratamanager@venetianpyrmont.com) to comply with By-Law 13 which states:

"An owner or occupier of a lot must not transport any furniture, large object or deliveries to or from the lot through or on common property within the building unless sufficient notice has first been given to the executive committee so as to enable the executive committee to arrange for its nominee to be present at the time when the owner or occupier does so."

Thirdly, an important overriding consideration is that the flooring in your unit (whether new or existing) must not create noise that disturbs others. You must always make sure you comply with By-Law 14 which states:

"An owner of a lot must ensure that all floor space within the lot is covered or otherwise treated to an extent sufficient to prevent the transmission from the floor space of noise likely to disturb the peaceful enjoyment of the owner or occupier of another lot."

Given the requirements of By-Law 14, even if no objections are raised by the Owners Corporation for you to put down new flooring, if it disturbs other residents now or in the future, you may still be required to remove it. Checking that the Owners Corporation has no objections is therefore not a guarantee that all will be well, but by following the recommended steps you may reduce the risk of your flooring causing unacceptable levels of noise.

The main steps you need to follow

If you're considering putting down new flooring, the specific steps you're asked to follow are:

• Your flooring installer should provide you in writing with proof that your proposed flooring meets the current Building Codes of Australia (BCA) standards in respect of noise suppression. To mitigate the risk of noise transmission, it's recommended that you select the thickest type of underlay that your installer is able to recommend (with a minimum thickness of 5 mm)
• Once you've obtained this written proof, you should contact the owners of all nearby units and explain what you would like to do. You need to give them sufficient opportunity to raise any objections
• Assuming that the flooring you're considering meets the relevant standards and that the owners and residents of nearby units don't object, you must then check that there are no objections from the Owners Corporation by sending an email to stratamanager@venetianpyrmont.com Your email should include information on your unit address, the specific materials you are proposing to use for the flooring and for the underlay, sketches of the areas in the unit that you would like to cover, written proof that the proposed flooring installation meets the Building Code of Australia standards in respect of noise suppression, details of owners and residents in nearby units that you've consulted, and information on any objections raised.

Your submission will be considered, generally as part of an Strata Committee meeting (which are typically held every three months) and you will be notified when it has been considered.

Installing your new flooring

As outlined above, to comply with by-law 13, if no objections are raised and if you choose to proceed, please ensure that you give at least 7 days notice of the planned work by sending an email to stratamanager@venetianpyrmont.com With regard to transporting materials through common property, your flooring installer must be made aware of the following rules:

• All large items are to be brought in to the building via the basement car park and the lift, and not through the ground floor entrances or the fire stairs
• Items should be carried, or for heavy items, moved using a trolley. No items are to be dragged along the ground
• For security reasons, neither the ground floor entrance doors nor the garage gates are to be left open and unattended at any time
• Each building only has one lift, so to avoid causing problems for other residents, the lift doors are not to be held open for long periods of time
• All unwanted materials must be taken away by the tradesperson and must not be left in the garbage rooms

You are responsible for ongoing maintenance

Please also keep in mind Special By-Law 1 which includes the following clauses:

1. In this by-law, “fixture” means a fixture, equipment or building work made or installed by an owner or occupier of a lot.
2. Unless it is a fixture removable by a lessee or sub-lessee at the expiration of a tenancy, a fixture that serves a lot is an owner’s fixture.
3. The owner of a lot must maintain in a state of good and serviceable repair a fixture that serves his lot, and must renew or replace it when necessary.

You will therefore be responsible not only for all the costs of installation of the flooring and underlay, but also for any maintenance costs. As a further requirement of Special By-Law 1 you must also indemnify the Owners Corporation against any liability or expense incurred arising out of the installation of the flooring and underlay.

Important additional conditions

You will also be required to:

• Make good any common property damaged in the course of or by reason of the works
• Ensure that the works are carried out in a proper and tradesperson like manner at times that minimise disturbance to other residents and at times that meet council regulations
• Take all measures necessary to comply with By-Law 14 (Floor Coverings) and take immediate action to remedy any noise complaints should they be received in future as a direct result of the flooring installation

Recommended use of rugs

When the new flooring is in place, please ensure that you make full use of rugs (which should have a non-slip backing) to reduce noise transmission. Hypo-allergenic (generally synthetic) rugs may be useful to help address reactions to dust mites and other allergens.

Why the recommended steps are so important

It's essential that you follow the above process to minimise disruption and to help reduce the risk of your being required to remove flooring at your own expense, even after it has been installed.

If you would like further information

If you would like any clarification with regard to the contents of this Web page, please send an email to stratamanager@venetianpyrmont.com