How to Deal with Strata Noise Problems in Your NSW Building

Introduction

Noise issues are a common challenge for residents living in strata buildings, often disrupting the peaceful enjoyment of their homes. The Strata Schemes Management Act 2015 (NSW) sets clear expectations for managing noise and maintaining harmony within strata communities.

This guide explains how strata residents can address noise problems, understand their legal rights, and follow the correct steps to achieve a fair and effective resolution.

Interactive Tool: Check If Your Strata Noise Problem Is Legally Actionable

Understanding Noise as a Legal Nuisance in NSW Strata

The Role of Section 153 of the Strata Schemes Management Act 2015 (NSW)

Under Section 153 of the Strata Schemes Management Act 2015 (NSW), residents in a strata scheme are legally obligated to avoid causing a nuisance or hazard to others. This provision mandates that an owner or occupier must not use their lot or the common property in a way that unreasonably interferes with another resident’s peaceful enjoyment. While the Act does not provide an exhaustive list of what constitutes a nuisance, excessive noise is a primary example.

This legal framework is designed to maintain a harmonious living environment within strata communities. The responsibility to prevent disturbances applies to all activities, ensuring one resident’s use of their property does not negatively impact their neighbours. Common examples of noise that could be considered a nuisance under the Strata Schemes Management Act 2015 (NSW) include:

• Persistently loud music or television
• Frequent and noisy gatherings
• Disruptive construction or renovation work outside reasonable hours

The case of O’Riordan v Chu [2023] NSWCATCD 61 highlights the application of Section 153, where a resident sought orders for a neighbour to comply due to ongoing noise disturbances but where they ultimately failed due to lack of high-quality evidence.

The Objective Test for Actionable Strata Noise

For a noise complaint to be legally actionable in a strata scheme, it must satisfy an objective test rather than being based on personal sensitivity. This standard was examined by the NSW Civil and Administrative Tribunal in cases like Andelman v Small [2020] NSWCATAP 32, which affirmed that whether noise is likely to disturb peaceful enjoyment must be assessed on factual and measurable criteria

This approach ensures fairness by assessing the noise’s impact against what a reasonable person would find disruptive in a similar situation. To meet this standard, a complaint must be supported by reliable and autonomous evidence.

Evidence considered under the objective test includes:

• Acoustic engineer’s reports providing measurable data on noise levels and transmission
• Witness testimonies from other residents who are also affected
• Detailed noise diaries logging the time, duration, nature, and impact of the noise

By relying on verifiable evidence, the objective test provides a clear and impartial framework for resolving noise disputes in a strata setting.

The Importance of Evidence in Your Strata Noise Complaint

The Need for Compelling Lay & Expert Evidence

To successfully pursue a noise complaint in a strata scheme, you must provide cogent and relevant supporting evidence. Merely stating that a neighbour is noisy is insufficient for NCAT to act.

Both types of evidence are crucial, but their quality determines their effectiveness.

• Lay Evidence: Typically provided by the person affected by the noise.
  • The most common form is a noise diary, which should meticulously document each incident.
  • To be effective, the diary must record more than just the time and date; it should also describe the type of noise, its duration, and the impact it had on you.
• Expert Evidence: An objective assessment by a qualified professional, such as an acoustic engineer.
  • An acoustic report offers measurable data on noise levels and transmission.
  • This report can transform a subjective complaint into a factual, evidence-based case by satisfying NCAT’s objective test.

Case Study: O’Riordan v Chu & the Standard for Evidence

The case of O’Riordan v Chu [2023] NSWCATCD 61 is a critical example of why high-quality evidence is essential in strata noise disputes. This case involved a noise complaint between an upstairs and a downstairs resident, which ultimately failed because the evidence presented was not detailed enough for the Tribunal to rule in the applicant’s favour.

In its review, the NSW Civil and Administrative Tribunal (NCAT) found significant shortcomings in both the lay and expert evidence submitted:

• The noise diary—serving as lay evidence—was unconvincing. While it logged incidents of “footsteps and undefined banging,” it lacked crucial details about the impact and magnitude of the sounds. The diary also failed to provide context by omitting other potential noise sources, making it difficult to assess the overall disturbance.
• The acoustic report—submitted as expert evidence—was also deemed insufficient. Although the report detailed noise transmission, its critical flaw was the absence of specific data on the volume of noise created by various activities in situ. Without knowing how loud these activities were inside the apartment, the Tribunal could not objectively assess the significance of the noise transmission or determine if it legally constituted a nuisance under the Strata Schemes Management Act 2015 (NSW).

Specific Noise Regulations & By-Laws in NSW Strata

Understanding NSW EPA Time Restrictions

In New South Wales, the Environmental Protection Authority (EPA), local councils, and police are responsible for enforcing specific regulations to manage noise from residential properties. These rules establish clear time restrictions for various activities, ensuring residents can enjoy peace and quiet, especially during early mornings and late nights.

If you are experiencing disturbances, it is important to know which authority to contact for different types of noise. The prescribed time restrictions for common noise sources are as follows:

• For power tools and equipment—including lawnmowers, leaf blowers, chainsaws, and swimming pool pumps—their use is prohibited before 8 am and after 8 pm on Sundays and public holidays.
• With musical instruments and amplified sound (such as radios, televisions, and home theatre systems), noise should not be audible in a neighbour’s residence before 8 am or after midnight on Fridays, Saturdays, and days preceding a public holiday. On all other days, the restriction is before 8 am and after 10 pm.
• Air conditioners and heat pumps are not to be used before 8 am and after 10 pm on weekends and public holidays. On weekdays, the prohibited times are before 7 am and after 10 pm.
• For motor vehicles (excluding when entering or leaving the premises), noise is restricted before 8 am and after 8 pm on weekends and public holidays, and before 7 am and after 8 pm on other days.

For breaches of these time restrictions, complaints can be directed to your local council or the police.

How Strata By-Laws Regulate Noise in Your Building

Beyond the statewide regulations set by the EPA, each strata scheme is governed by its own set of legally binding by-laws for all residents. The owners corporation has the authority to create and enforce specific by-laws that define what constitutes reasonable versus excessive noise within the building, tailored to the community’s needs.

Many schemes adopt or adapt the model by-laws provided by NSW Fair Trading. These can be modified to include:

• Specific rules regarding quiet hours
• Provisions about noise transmission

For example, in the aforementioned case of O’Riordan v Chu [2023] NSWCATCD 61, a by-law required floor coverings to prevent noise transmission but specifically excluded kitchens and bathrooms. This demonstrates how by-laws can be customised for different areas within a lot.

However, any by-law created by an owners corporation must be fair and reasonable. It cannot be harsh, discriminatory, or oppressive. By establishing clear and balanced rules, by-laws provide a framework for managing noise levels effectively and maintaining a harmonious living environment for everyone in the strata community.

When the Owners Corporation is Liable for Strata Noise

The Duty to Maintain & Repair Common Property

Under Section 106 of the Strata Schemes Management Act 2015 (NSW), the owners corporation has a strict duty to properly maintain and repair common property.

This obligation requires them to:

• Keep shared areas and infrastructure in a state of good and serviceable repair
• Take preventative measures to ensure common property continues to function as intended

When noise originates from a malfunction in common property elements, this duty becomes particularly relevant. For instance, if pipework within a shared wall begins to create offensive noise, it is considered no longer “serviceable.” In such cases, the owners corporation’s duty to repair is activated, as the noise indicates a failure in the property’s function.

Case Study: Haramis v The Owners – Strata Plan No 51923

The case of Haramis v The Owners – Strata Plan No. 51923 [2023] NSWCATCD 15 provides a clear example of the owners corporation’s liability for noise from common property.

In this matter:

• A lot owner experienced significant noise disturbances from pipework located in a common property wall adjoining their bedroom.
• The owner requested that the owners corporation carry out work to reduce the noise transmission.

NCAT made several key findings in this strata dispute:

• The wall and the pipework within it were confirmed to be common property.
• The owners corporation has a strict duty to maintain common property so it can fulfil its intended purpose.
• The transmission of “offensive noise” from the pipework was evidence of a malfunction.

NCAT concluded that because the malfunctioning pipework was not in “serviceable” condition as required by Section 106(1) of the Strata Schemes Management Act 2015 (NSW), the owners corporation’s refusal to perform remedial work was a breach of its statutory duty to repair and maintain the common property.

Conclusion

Effectively managing strata noise disputes in NSW requires a clear understanding of your legal rights under the Strata Schemes Management Act 2015 (NSW), the critical role of objective evidence, and the structured process for resolution. By following the steps from direct communication to formal action and recognising the specific responsibilities of the Owners Corporation, residents can confidently address disturbances and work towards a peaceful living environment.

If you are experiencing ongoing noise problems in your strata scheme and require assistance navigating the legal complexities, contact PBL Law Group. Our expert NSW strata lawyers can provide the tailored advice and representation needed to help restore peace and quiet to your home.

Frequently Asked Questions