Noise disturbances are a common challenge for residents of strata buildings. The Strata Schemes Management Act 2015, specifically Section 153, emphasises the importance of maintaining a peaceful environment in these shared living spaces. This legislation provides guidelines for residents to manage their noise levels and outlines the legal framework for addressing noise complaints in strata schemes.
This article delves into the complexities of handling noise problems in strata settings. We’ll explore what constitutes a valid noise complaint, supported by legal precedents, and discuss effective strategies for resolving these disputes. Our goal is to provide strata residents and owners with the necessary information to foster a harmonious living environment.
By understanding the legal aspects and practical approaches to noise management, residents can better navigate these challenges and contribute to a more peaceful strata community.
Noise Nuisance in Strata Properties: Understanding Acceptable Noise Levels
The Strata Schemes Management Act 2015, particularly Section 153, emphasises the importance of maintaining a peaceful environment in strata communities. This section of the Act specifically addresses noise as a potential nuisance, requiring lot owners and residents to use their property and common areas in a way that doesn’t disturb others.
Under this provision, excessive noise is recognized as a significant form of nuisance. This can include:
- Loud music
- Ongoing construction work
- Frequent noisy gatherings
Such disturbances can greatly impact the quality of life for other residents in the strata scheme.
The Act places responsibility on all occupants and users of strata properties to be mindful of their noise levels. It requires them to ensure their activities don’t unreasonably interfere with the peace and enjoyment of others in the community.
By focusing on noise pollution prevention, this legislation aims to create a respectful and harmonious living environment within strata schemes. It encourages consideration among residents and promotes a balanced approach to shared living spaces.
When to File Noise Complaints in Strata Schemes: Dealing with Noisy Neighbours in a Strata
Not all noises warrant a formal complaint in strata properties. To determine if you have a valid reason for filing a noise complaint, consider two key factors:
- Does the noise meet the objective test established by courts?
- Do you have sufficient evidence to support your case?
The Objective Test for Actionable Noise
The case of Andelman v Small [2020] provides insight into the objective test used to determine if noise is actionable. This case involved a noise complaint between apartment owners in a strata scheme, highlighting issues exacerbated by increased work-from-home arrangements during the pandemic.
The NSW Civil and Administrative Tribunal (NCAT) ruling emphasised the importance of an “objective test” in assessing noise disturbances. This test relies on:
- Factual, measurable, and observable criteria
- Evidence that can independently assess noise levels
- A standard reflecting what would likely disturb a reasonable person
Unlike subjective assessments based on personal perceptions, the objective test focuses on verifiable impacts. It ensures a fair evaluation of noise complaints in strata settings.
Importance of Supporting Evidence
Meeting the objective test criteria alone is insufficient for a successful complaint. You must provide strong, relevant evidence to support your claims.
The O’Riordan v Chu [2023] case illustrates the importance of comprehensive evidence in noise disputes. Key points from this case include:
- The need for detailed documentation of noise incidents
- The value of expert evidence, such as acoustic reports
- The importance of contextual information about noise sources and impacts
The Tribunal’s decision in this case emphasised that both lay and expert evidence play crucial roles in establishing an actionable nuisance under the Strata Schemes Management Act.
When considering a noise complaint, ensure you have:
- Detailed records of noise incidents
- Context about the noise’s impact on your living situation
- Expert assessments, if possible, that provide specific data on noise levels and transmission
These elements will strengthen your case and increase the likelihood of a favourable resolution in strata noise disputes.
Owners Corporation Liability for Noise from Common Property
The responsibility for noise issues in strata buildings extends beyond individual lot owners to the owners corporation, particularly when the noise source is within common property. The case of Haramis v The Owners – Strata Plan No. 51923 [2023] provides important insights into this matter.
Key Points from the Haramis Case:
- The dispute centred on noisy pipework within a common property wall.
- The affected lot owner sought intervention from the Tribunal to address the noise issue.
- The Tribunal confirmed that both the wall and enclosed pipework were common property.
Owners Corporation’s Duty:
Drawing from previous cases like Seiwa Pty Ltd v Owners Strata Plan 35042 [2006] and The Owners-Strata Plan No 33368 v Gittins [2022], the Tribunal emphasised that:
- Owners corporations have a strict duty to maintain and repair common property.
- This maintenance should ensure the property fulfils its intended purpose.
Tribunal’s Findings:
- The pipework’s primary function was water supply to an adjoining bathroom.
- Noise transmission indicated a malfunction, rendering the pipework “unserviceable” under Section 106(1) of the Act.
- The owners corporation’s refusal to address the issue breached its maintenance obligations.
This ruling highlights the owners corporation’s responsibility in maintaining common property and addressing issues that impact residents’ quality of life, such as noise from malfunctioning common elements.
The case sets a precedent for holding owners corporations accountable for noise issues originating from common property, emphasising their duty to ensure all shared facilities function properly without causing disturbances to residents.
Managing Noise Issues in Strata Communities: Strata Management Strategies
Addressing noise problems in strata settings requires a strategic approach. Here are the key steps and considerations:
NSW Time Restrictions for Noisy Activities
The Environmental Protection Authority (EPA), local councils, and NSW Police enforce noise regulations in residential areas. Key restrictions include:
| Noise Source | Time Restrictions | Who to Contact |
| Power tools & equipment | Not before 8 AM or after 8 PM on Sundays/public holidays | Local council or police |
| Music & amplified sound | Not before 8 AM or after midnight (Fri, Sat, pre-holidays); Not before 8 AM or after 10 PM (other days) | Local council or police |
| Air conditioning & heat pumps | Not before 8 AM or after 10 PM (weekends/holidays); Not before 7 AM or after 10 PM (other days) | Local council or police |
| Motor vehicles | Not before 8 AM or after 8 PM (weekends/holidays); Not before 7 AM or after 8 PM (other days) | Local council or police |
Strata By-laws
Owners corporations can create or modify by-laws to address specific noise concerns. These should be:
- Fair and reasonable
- Not unduly restrictive or discriminatory
- Aligned with the strata community’s needs
Steps for Resolving Noise Disputes
- Talk to the Neighbour: Politely discuss the issue, as they may be unaware of the disturbance.
- Use Internal Resolution Process: Consult your strata committee or strata managing agent about the scheme’s dispute resolution procedures.
- Contact Owners Corporation: If direct communication fails, involve the strata manager or the secretary. Tenants should go through their landlord or agent.
- Issue a Notice to Comply: The strata committee can formally warn noisy residents of potential NCAT action.
- Seek External Mediation: If internal processes fail, NSW Fair Trading offers free mediation services.
This graduated approach allows for resolving noise issues within the strata framework, promoting peaceful coexistence among residents.
Need Help with Strata Noise Issues?
Dealing with noise problems in strata buildings can be complex. While residents have access to various tools like by-laws and time restrictions, navigating these issues often requires professional guidance.
If you’re facing ongoing noise disturbances in your strata property, consider seeking expert legal advice. A strata law specialist can:
- Help you understand your rights
- Guide you through the dispute resolution process
- Provide representation if needed
- Ensure your concerns are addressed effectively
Don’t let persistent noise disrupt your peace of mind. Professional assistance can help resolve these issues and protect your rights within the strata community.
For expert guidance on strata noise problems, consult with a qualified strata lawyer who can provide tailored advice for your situation. Whether you’re dealing with common noise complaints or more complex issues, a strata law expert can help you navigate the complexities of living in a strata scheme and find effective solutions to noise problems in a strata building.
