WA: Q&A Noise Complaints Apartment Perth – Children, Neighbours

These Q&As discuss what you can do about noise complaints in Perth and greater WA strata.

• QUESTION: Our downstairs neighbours have accused us of excess noise during the night. They have not provided any evidence of the disturbances. Can they take us to SAT if they have no evidence?
• QUESTION: The ventilation equipment is installed on the roof above our bedroom. We can hear the extractor fans 24/7. How do we stop this?
• QUESTION: My strata management company insists I lay an acoustic layer underneath a woven vinyl floor covering that is laid over existing, undamaged tiles. Surely leaving the tiles as they are will be noisier for the apartment below than covering them over.
• QUESTION: Our Council of Owners have stated that there shall be no noise on weekends and public holidays. This is a bylaws and has never been voted on. Can the Council of Owners do this?
• QUESTION: Our pool can very noisy in the summer months. How do we control the noise and achieve a blend of “peaceful enjoyment” while allowing “children to be children”.
• QUESTION: We have complaints about noise from the neighbours in the Perth unit above. They have hard flooring installed. Everyday movements can be heard eg, talking, television, music…..
• QUESTION: I hear excessive noise from the apartment above. Most of the disturbance is caused during the day. Where can I make complaints about the noise in Perth, WA?

Question: Our downstairs neighbours have accused us of excess noise during the night. They have not provided any evidence of the disturbances. Can they take us to SAT if they have no evidence?

Our below neighbours accused us of being in breach of Schedule 2 bylaw 10 of the Strata Title Act. They can hear footsteps and other sounds in the middle of the night, affecting their peaceful enjoyment of the unit. We have asked for evidence of the disturbances, but the situation has become complicated. How can we be in breach if they have not provided evidence? They have threatened to take us to the SAT. Do we take this seriously?

Answer: Unless the neighbour can support and substantiate their claim of excessive noise and has also given written notice, the State Administrative Tribunal may not consider the application further.

Section 47 of the Strata Titles Act 1985 as amended (the Act) sets out clear provisions when it comes to the enforcement of bylaws.

An application to SAT for the enforcement of scheme bylaws may be made by the strata company, an owner of a lot, a mortgagee of a lot or even an occupier of a lot in the strata titles scheme (Section 47 (3) of the Act).

An application to SAT can only be made on the grounds that the person has been given written notice of an alleged breach of the bylaws or the contravention of the bylaw has had serious adverse consequences for a person other than the person alleged to have contravened the bylaws or the person has contravened the particular scheme bylaw on at least three separate occasions (Section 47 (4) of the Act).

A written notice to a person alleged to have contravened the bylaws must specify the particular bylaw that is alleged to have been contravened and specify the particular facts relied on as evidence of the contravention and specify the action that must be taken or refrained from being taken in order to avoid a continuing or further contravention of the particular scheme bylaw and contain an explanation of the effect of this section in terms set out in the regulations (Section 47 (2) of the Act).

It is our understanding that the Tribunal may not make an order in case of a breach of bylaw unless the person alleged to have contravened a specific bylaw has been given written notice as per Section 47 (2) of the Act.

Also, in our opinion, unless the neighbour can support and substantiate their claim of excessive noise due to footsteps and other sounds during the middle of the night and has also given written notice as per Section 47 (2) of the Act, the State Administrative Tribunal may not consider the application further.

The owner/occupier of the lot is advised to seek further legal advice if the issue cannot be resolved.

Marietta Metzger
magixstrata
E: [email protected]
P: 08 6559 7498

This post appears in the July 2023 edition of The WA Strata Magazine.

Question: The ventilation equipment is installed on the roof above our bedroom. We can hear the extractor fans 24/7. How do we stop this?

There is strata-owned ventilation equipment installed on the roof right above our bedroom. We live on the top floor of the building and can hear the extractor fans 24/7. The noise is particularly disturbing at night with the constant humming.

Is the level of allowed noise regulated by the Environmental (Noise) Regulations or does it fall under the Strata Titles Act and by-laws? What can we do about it?

Answer: We recommend you contact your own local government authority. They will be able to guide you accordingly.

The noise emitted by air-conditioning and ventilation equipment falls under the provisions of the Environmental Protection Act 1986 and the Environmental Protection (Noise) Regulations 1997.

Those regulations are administered by each respective local government authority (e.g. City of Perth, City of Joondalup, etc). We recommend you contact your own local government authority. They will be able to guide you accordingly.

Most local government authorities also have guidelines, complaint procedures and forms published on their individual websites.

Andrew Chambers
Chambers Franklyn Strata Management
E: [email protected]
P: 08 9200 4200

This post appears in the March 2023 edition of The WA Strata Magazine.

Question: My strata management company insists I lay an acoustic layer underneath a woven vinyl floor covering that is laid over existing, undamaged tiles. Surely leaving the tiles as they are will be noisier for the apartment below than covering them over.

Answer: The acoustic underlay assists in reducing impact noise but can also have additional benefits such as moisture protection.

The Strata company would be requesting that you use an acoustic layer underneath the installation of a vinyl floor covering for noise reduction and to ensure adherence to a lot owners responsibility in regards to floor coverings. The acoustic underlay assists in reducing impact noise but can also have additional benefits such as moisture protection. Whilst tiles may have been the original flooring choice when built, they are prone to sound transfer and even when placing vinyl on top, depending on the quality and rating when placed on top of the tile (the original material), will influence sound absorption qualities.

Noise is one of the largest impacts in a strata complex and under Schedule 2 Conduct By-Laws the following is noted for Floor Coverings:

An Owner of a lot must ensure that all floor space within the lot (other than comprising kitchen, laundry, lavatory, or bathroom) is covered or otherwise treated to an extent sufficient to prevent the transmission therefrom of noise likely to disturb the peaceful enjoyment of an owner or occupier of another lot. By using an acoustic underlay you will not only reduce the noise to others but also within your own lot.

Jamie Horner
Empire Estate Agents
E: [email protected]
P: (08) 9262 0400

This post appears in Strata News #633.

Question: Our Council of Owners have stated that there shall be no noise on weekends and public holidays. This is a bylaws and has never been voted on. Can the Council of Owners do this?

We are a Strata Survey Estate with 19 lots. Our Council of Owners have stated that there shall be no noise on weekends and public holidays and that there shall be limited noise during the weekdays and only during the hours between 9 am to 4 pm. 

This rule is not included within the bylaws and has never been voted on or put to a motion for voting purposes.

The management statement provides statutory guidelines for noise within the local shire boundaries in conjunction with state law in WA. The management statement also states that bylaws or rules inconsistent with State and Statutory laws are not enforceable. 

Can you advise or explain the legality of the advice that the Council of Owners has stated?

These conditions prevent even normal maintenance or hobby work to be carried out within our own premises. We do carry out work in accordance with the State requirements for noise.

Answer: The council of owners cannot make rules or guidelines without approval from owners at a general meeting.

The council of owners cannot make rules or guidelines without approval from owners at a general meeting. Also, any rule cannot override state and or local government statutory laws or by-laws. Also, from your comments they are in violation of your strata by-laws and further under the recent reform they could be deemed discriminatory.

Yes, they could recommend introducing new by-laws however they would need to have consideration to local government noise by-laws and the requirement under the act that by-law cannot be discriminatory.

As it stands, they are exceeding their authority under the Strata Titles Act.

Brian Rulyancich
StrataTAC
E: [email protected]
P: 0428 970 067

This post appears in the October 2022 edition of The WA Strata Magazine.

Question: Our pool can very noisy in the summer months. In our apartments, how do we control noisy neighbours and achieve a blend of “peaceful enjoyment” while allowing “children to be children”.

In WA, a number of the apartments in our building face the swimming pool. During summer almost every day there was constant noise from the excited shouting etc from children upsetting some residents. In our apartments, how do we control noisy neighbours and achieve a blend of “peaceful enjoyment” while allowing “children to be children”.

Answer: Balancing the use of common property facilities against disturbance of other residents is a fine line.

It certainly is a fine line in balancing the use of common property facilities against disturbance of other residents. In any case this particular example comes back to schedule 2 conduct by-law 12(b) which state’s:

“An owner or occupier of a lot must not make undue noise in or about the lot or common property”

Naturally we all have different opinions in regards to what is undue. Communication is the key in these circumstances. Signage in the pool area, general circulars to owners and residents is a good starting point to address noise. From there a friendly conversation from the Strata Manager or council of owners directly with those creating the noise breach is recommended before looking to issuing a breach of by-law. Sometimes people can be simply ignorant of the fact that they are creating a disturbance and a friendly reminder is all that is needed to rectify the problem.

With any ongoing concern persistence in communication and notification really does help as opposed to waiting until the issue arises to raise it with everyone.

The children factor is irrelevant. Parents need to facilitate this and you would expect that they are in the pool area supervising the children at all times.

Luke Downie
Realmark
E: [email protected]
P: 08 9328 0999

This post appears in the May 2021 edition of The WA Strata Magazine.

Question: We have complaints about noise from the neighbours in the Perth unit above. They have hard flooring installed. Everyday movements can be heard eg, talking, television, music…..

We have complaints about noise from the neighbours in the Perth unit above. It has been ascertained that they have installed wood flooring with the following dimensions – 8 mm floating floorboards, with 3 mm underlay. Does this comply with strata law?

Everyday movements can be heard eg, talking, television, music and sexual activity. Can you please guide us on how to deal with this.

Answer: First thing is to see whether the property has a specific ByLaw or something in the Management Statement regarding floor coverings and or sound transfer.

Please note: this response was provided prior to the proclamation of the new strata title amendments.

First thing is to see whether the property has a specific ByLaw or something in the Management Statement regarding floor coverings and or sound transfer contributing to the noise from the neighbour that is further or contrary to the below from the strata legislation.

Otherwise under the STRATA TITLES ACT 1985 – SCHEDULE 2

10. Floor coverings

A proprietor of a lot shall ensure that all floor space within the lot (other than that comprising kitchen, laundry, lavatory or bathroom) is covered or otherwise treated to an extent sufficient to prevent the transmission therefrom of noise likely to disturb the peaceful enjoyment of the proprietor, occupier or other resident of another lot.

What would constitute ‘sufficient’? This would be as per the local council’s requirements, and they do vary. Depending on the local council, most have processes in place on how to organise testing of the decibel sound and can justify whether it is classified as “sufficient”. You can find this information on a simple google or searching on your local council’s website or ringing them.

If they are not found to be ‘sufficient’ you can then proceed through your Strata Company OR the State Administrative Tribunal to seek orders for the neighbouring lot owner to remove the floor due to disturbances, noise etc.

Jordan Dinga
Abode Strata
E: [email protected]
P: 08 9368 2221

This post appears in Strata News #228.

This information is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

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Question: I hear excessive noise from the apartment above. Most of the disturbance is caused during the day. Where can I issue complaints about the noise in Perth, WA?

I have persistent noise issues with the unit above.

Originally they had a few kids running amok. I approached them a couple of times politely, but they accused me, via the property manager, of harassment – so not a good start!

They are shift workers and come in late banging around and cooking in the kitchen and have been playing loud music during the daytime/singing along. The strata sent an email at my request re noise rules etc, but they continue with the loud music. The thud of the bass and the voice are a bit much.

I joined the Council of Owners for the strata, but judging from the way previous noise issue in the strata have been handled, the Council of Owners seem reluctant to act firmly with other neighbours. I’m keeping a log of times etc, but am wondering how daytime noise – ie the music problem – is viewed. Where can I issue complaints about the noise in Perth, WA?

Answer: If a complaint about noise is given in writing to the Council of Owners and it falls within a breach of the Perth strata company by-laws, the Council of Owners MUST enforce the by-laws regardless of cost or inconvenience until a ruling states that the noise is acceptable or not.

Please note: this response was provided prior to the proclamation of the new strata title amendments.

The dictionary defines noise as follows:

“a sound, especially one that is loud or unpleasant or that causes disturbance.“

synonyms: sound, loud sound, din, hubbub, clamour, racket, uproar, tumult, commotion, pandemonium, clangour;

This is a broad description, as noise is also completely subjective to those hearing it. The Strata Titles Act 1985 and Schedule 1 & 2 by-laws are there to allow governance of the Strata Complex and, while not always specific, cover everything in one capacity or another.

Depending on whether you have additional or amended by-laws, the statutory by-laws will indicate under Schedule 1:

A proprietor, occupier or other resident of a lot shall ‑

1. not use the lot or permit it to be used in such manner or for such purpose as causes a nuisance to any occupier of another lot (whether a proprietor or not) or the family of such an occupier;
2. take all reasonable steps to ensure that his visitors do not behave in a manner likely to interfere with the peaceful enjoyment of the proprietor, occupier or other resident of another lot or of any person lawfully using common property;

(b) & (c) both can identify noise (b) as a nuisance and (c) as interfering with the “peaceful” enjoyment of others.

Being subjective, acceptable noise levels are open to individual interpretation. Only by engaging the services of an independent third party can some clarification be gained. This can still be contested and may end up at the State Administrative Tribunal (SAT) for a ruling.

In a strata situation, what can you do about noise from neighbours?

You indicated that previous noise complaints were not followed through. Do you have a Strata Manager?

If a complaint is given in writing to the Council of Owners and it falls within a breach of the strata company by-laws, the Council of Owners MUST enforce the by-laws regardless of cost or inconvenience until a ruling states that the noise is acceptable or not. The matter MUST be pursued.

A person who makes a complaint that is then not resolved or acted on has the right to take the strata company (Council of Owners) to SAT.

There are many agendas here: the tenants, the property manager, the owner of that unit and the CoO. The Strata Titles Act does not care about individual agendas. The owner is wanting to maintain their tenant in a difficult market; the property manager is only being paid as long as there is a tenant; the tenant surrounded by noise is hardly likely to consider others.

The Strata Company’s obligation is to the Owners, not the tenants or the property manager. Individual owners are responsible for their tenants and any lease agreement requires them to comply with the by-laws or they will breach their lease.

A written complaint from an owner should equate into a breach warning letter from the Strata Company to the owner of the unit indicating that there has been a noise complaint relative to their tenanted unit. The letter should indicate that a response is required within 7 days from the owner in writing if they wish to dispute the allegation. If no response and the noise continues a formal breach indicating that they are in breach of the by-laws, stating the by-law they are breaching and informing them they have up to 7 days to respond. If no response or an unacceptable response and the noise continues, the CoO should contact a lawyer to do a Legal Breach.

Depending on how the process goes i.e. resolved or not, sound technicians or shire environmental officers may be required to report on the noise. The whole process creates paperwork that will substantiate the case when or if the Strata Company (CoO) takes the matter to SAT.

Are noise complaints easy to resolve? Like all complaints, this is dependant on others doing the right thing. In a lot of cases, if the Strata Company has not enforced the by-laws properly this can lead to an acceptance that noise and other breaches may be ok. At some point, Strata Companies must take responsibility or risk an individual taking them to task and possibly suing them. Once a by-law has been enforced this should alert others to the rules.

Also, it is good business to keep other owners informed of any outcome in this matter along with giving them a set of the “behavioural by-laws” in force at your complex.

Remember short-term thinking leads to long-term problems.

Strata Martyr
Note: this is an opinion only and suitable specialists in these areas should be sort for clarification on all points.

Please note this advice was provided prior to the proclamation of the new strata title amendments and will be updated in due course.

This post appears in Strata News #133.

Have a question about noise coming from neighbours due to hard flooring in strata or something to add to the article? Leave a comment below.

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