This article concerning noise complaints in strata building has been supplied and written by Stephen Raff, CEO of Ace Body Corporate Management.
In my role as founder and CEO of Ace Body Corporate Management over the past 20 years there are three areas of concern from owners that rise above all else when living in a strata community.
- Parking: “Someone has double parked behind my car and I can’t get out of my property”.
- Pets: “The next door neighbour’s cat is left out during the night and is causing trouble”.
- Noise: “Unit 27 have decided it is a good time for band practice at 1:00am in the morning”.
These are some of the more common phone exchanges between Strata managers and owners living in strata communities. Today I will be taking a look at noise complaints in strata buildings and explain some of the options available to owner occupiers and tenants.
Why is noise more of an issue in strata?
Simply put, close proximity living brings people… closer. Pretty obvious right?
It still astounds me the number of owners that communicate to their strata manager that if they were aware of how much noise their neighbours made then they would never have purchased a strata property.
Noise has a knack for travelling through walls, around fences and often directly into the bedroom of a restless sleeper who is left wondering how they are possibly going to get through work tomorrow in their sleep deprived state.
How do I make it stop?
The first option should always be to communicate openly and directly with the source of the problem. If your neighbour has suddenly decided to try their hand at carpentry late at night, normally they are not even aware that they have become a nuisance to their neighbours.
The majority of noise complaints in strata buildings can be resolved right at this moment. Be friendly and come prepared with a few alternative options so that all involved can find an agreeable solution.
Perhaps the budding carpenter can agree to only use his power tools on Saturday morning when you are already out of the house at tennis practice.
Come to an arrangement that benefits all involved. Sometimes you may have to rearrange your schedule slightly to accommodate your neighbour. Remember it is not always just about you when sharing common property!
So what do you do when the noise is coming from common property such as a leaking pipe or faulty electricity cabling and there is no obvious person to wave your finger at?
Inform a committee member from your strata community immediately and explain the problem in as much detail as possible. The committee member can then consult with the strata manager and check the maintenance records. Perhaps the pipes or cabling haven’t been regularly maintained and they have now become faulty which is causing the noise.
The committee members can then decide to have areas checked or repaired by a tradesperson and hopefully stop the noise in a timely manner.
The forgetful neighbour
So you have very politely gone and spoken to your neighbour about the noise that has been keeping you up at night and they have agreed to keep it down. For the first week, it is silent bliss and everything seems great… then to your horror, the noise comes back with a vengeance and your follow up attempts to silence the noise have fallen on deaf ears.
So you have very politely gone and spoken to your neighbour about the noise that has been keeping you up at night and they have agreed to keep it down. For the first week, it is silent bliss and everything seems great… then to your horror, the noise comes back with a vengeance and your follow up attempts to silence the noise have fallen on deaf ears.Speak to your strata committee and have them draft a strongly worded letter outlining how the noise is impacting other residents. Hopefully, this resolves the issue, if not an alternative such as dispute resolution may have to be looked at (see below).
Some noise complaints in strata building such as babies crying in the middle of the night are very difficult to prevent and unfortunately, there is not a great deal that can be done. While the baby is causing noise that is affecting other people, unlike unruly parties or power tools, we can’t limit the time a baby decides to cry for the betterment of other residents.
How can I protect my apartment from noise?
- Ear plugs: Sounds simple, but probably the most effective noise cancelling device to a good night’s sleep. They are not practical to wear at all times, but purely for sleep at night, earplugs are very effective.
- Double glazed windows: Windows are most often the weak link for sound entering a property and double glazing does make a considerable difference. This is particularly effective in reducing noise from car traffic. Thick curtains will also create another barrier for the noise and is more effective than blinds.
- Plasterboard: Interior walls that have layers of plasterboard with sound control material in the cavity can be very effective in reducing sound. Generally, proper insulation at the time of building will play a big part in noise reduction, so it is important to check the quality of insulation before purchasing.
What do the rules about noise complaints in strata building say?
Each state and territory in Australia has something in their Strata Act or Regulations regarding noise and other nuisance control. It is important when you are moving into a strata community to understand your strata community’s rules or bylaws, these can be different from property to property so it is important to check your specific rules as they may differ from other properties you own.
Generally, most rules or bylaws in Australia will say something along the lines of ‘An owner or occupier of a lot must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property’.
What are my other options?
- Local Council: Generally, most councils will have a hotline for environmental noise concerns and can be contacted on a 24/7 basis. A noise traffic controller can then be arranged to investigate the unacceptable noise and whether there are reasonable grounds for further action. It is important that owners have a detailed record of when the noise has been occurring and they can then provide this information to the relevant local council authority. Owners are encouraged to check with their local council and understand their specific noise complaint procedure.
- Police: If there is no other alternative, particularly late at night, the police are the best avenue to having any unruly noise reduced. An ‘on the spot’ fine can be imposed on anyone who continues to make noise after being directed to stop by an Environmental Protection Authority Officer, the police or a local council official.
Alternative dispute resolution for noise complaints in strata building
The next step, in most Australian states and territories, is to apply to a government-run tribunal for help – in Victoria, VCAT. These authorities make legally binding decisions about how disputes are to be settled. Tribunals are run like mini courts with similar protocols and processes, although not quite as formal. Generally, solicitors are not required and the parties normally argue their case by themselves.
Tribunal rulings include:
- Ordering someone to do something or stop doing something.
- Imposing a financial penalty for breaking a rule.
- Sometimes ordering damages to be paid to the successful party.
Reasonable communication with your neighbour should always be the first option when dealing with a noise complaint, most people can be quite accommodating when spoken to in a nice way!
Have a question or something to add to the article? Leave a comment below.
Read next:
- NSW: Children and Noise Complaints in Apartments
- VIC: Q&A Noise Transfer Between Apartments Due to Hard Flooring
- QLD: Noise In The Time Of COVID – Your Step by Step Guide
- NSW: Crash, Bang, Sigh! What Can I Do About Noise? Residential Noise!
About Ace Body Corporate Management
Ace Body Corporate Management (Ace) is the largest 100% Australian owned strata management company with franchises and their support staff managing property worth an estimated replacement value of $20 billion. All franchisees are members of Strata Community Association; the peak national body that looks after the interests of the community by liaising with Government on strata legislative requirements to keep up with industry change. Ace currently manages over 60,000 strata title units nationwide. Ace proudly fulfils the dual roles of a professional organisation and a leader for industry education and advocacy.
Stephen Raff
CEO
Ace Body Corporate Management
0409 586 941
[email protected]
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
Are you interested in more information about noise complaints in strata building or information about strata living in your state or territory? Visit our Strata Noisy Neighbours OR Strata Title Information Victoria
Visit Maintenance and Common Property OR Strata Topics by State pages.
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Hi, I am renting a strata apartment consists of 8 units with different owners/landlord since 2010. It is managed by different real estate agents and a strata management. The tenant occupying the unit above me is a tradesman and has been doing his trade business/work in his garage, which is under my bedroom. I have put up with all his noises such as motor/electronic devices/equipments, hammering, etc. in his garage since he moved in 2013. Now, he could not get in to his garage anymore and do his trade business/work as it is full of stuff and could not close his garage door anymore. So, he does now his trade business/work in his unit above my unit making extreme noises of motor/electronic devices/equipments that vibrates in my rental unit day and night, on and off, till 12.30 am and start again about 6.30 am and hammering the floor, etc, which gives me migraine headache and breaching my peace, comfort, and quiet enjoyment to live in my residential premises. I have already complained to the real estate agent and the strata manager, but the tenant/resident continues to make the same noises still. I do not know the name of the tenant that makes noises above my unit. Can I take this to NCAT and file an application for order against the strata management and the real estate agent of my rental unit?
Hi Lina
You mention NCAT, so I assume you are in NSW.
This article should assist:
Question: What can I do about a noisy neighbour in the apartment above who hammers, sands and drags all hours of the day and night?
Good luck!
Hello, How do we deal with an intimidating bully? We are relatively new owner/residents in a tower block in QLD – 7 apartments per floor. The neighbour’s door is very close to ours at one end of the corridor. He has been renting his place for several years and works from home. We are semi-retired and also work from home.
Unfortunately for us he rises each day at 4.30 am before hitting the gym. We are awoken in the dark each day at 4.30 by him bashing his metal coffee filter on the sink, then turning on the extremely loud Insinkerator (garbage disposal unit) to wash down the grounds, all of which is totally unnecessary. His dog (and regularly also together with a visitor’s dog) were also barking loudly at 4.30am, as well as all throughout the day.
We approached him for a friendly discussion about these issues but he rejected this opportunity. We tried a second time via a friendly note slipped under his door, which was also dismissed. This time he crossed out our note and flung it on the corridor floor after scrawling on the back ‘Stop Harassing Me, Your expectations are ridiculous. If you think you have grounds go to the Body Corps.’ The dog barking, however, eased and we felt relieved, but the loud Insinkerator is still being used at 4.30 and continues to wake us. Our alarm is set for 7.00am.
This neighbour is a real estate agent who has sold many apartments in our tower and has many connections, possibly from one he rents. We feel this is why he is so confident in his inconsiderate, unfair behaviour. When we first moved in he laid down the law about his expectation of us to comply to his will regarding any future possible noise as it would affect his ability to work from home and to sleep. So this glaring hypocrisy is what we are trying to deal with, as we don’t want him to make us appear to be the ‘difficult people’ on his ‘established turf.” We also don’t want to feel uncomfortable every time we open our door to leave, or to come home.
We also have an Insinkerator, but turning it on just once was enough for us to never use it again. It is a big noise polluter and a totally unnecessary machine when the garbage chute is just a few steps away for emptying your kitchen bin. If we lodge an appeal through the BC we will have escalated the situation, even if the outcome goes our way for achieving our right to peaceful enjoyment of our home.. We’ve spent over a million dollars purchasing what we thought was our last home. We weren’t expecting our new life to be tainted by a bully half our age. Any suggestions would be appreciated. Thank you.
Hi Gaynor
Chris Irons from Strata Solve has responded to your comment within this article: https://www.lookupstrata.com.au/qld-light-nuisance-from-neighbour/
I live in an attached duplex. I like to go to bed by 8:30pm at latest as I like to get up at 5am and start my day. The woman who lives in the duplex next door to me likes to slam her bedroom windows shut quite often at around 9 or 9:15pm sometimes later, the windows are not far from my bedroom window where I am sleeping, I will usually be asleep by this time and she jolts me awake, even with earplugs in as she slams them very loudly. She also likes to put the washing machine on at midnight and I can hear the water pipes banging very loudly, again waking me up!! I can’t approach her as I have already tried approaching her about another issue quite some time ago now and now she doesn’t talk to me, so feel it would be a waste of time approaching her again as she doesn’t like me and won’t listen. I am renting through my mother and step dad and when I tell them of issues like this, they just dismiss it, and don’t do anything about it. I don’t know what to do anymore, at my wits end! I can’t move, as I can’t afford to live anywhere else at this point in time. What can I do??? I live in NSW.
Hi Laura
This would be an issue between yourself and your landlord or rental agency. We recommend you contact either NSW Fair Trading or the Tenants’ Union for further information.
I just rent an apartment in macquarie park, which is close to the shopping center.
after i moved in, i found the noise from shopping center’s air con was very loud that could not let me sleep.
is there any way that i could ask the landlord to do or terminate the contract?
Hi Dennis
Unfortunately, this question is outside the scope of our site.
We suggest you contact your Landlord or managing agent to discuss.
All the best resolving the matter.
Hi there,
I’m haveing very similar noise problems in NSW..
Internal noise from nieghbour above(door slam noise in the internal doors/and some noise from front door which is common property)..
The owners corp have agreed to put in accoustic adjustments in the front door, but they won’t mediate with the internal lot doors(i know that’s not the OC area that’s fine).
But the owner and tenant have been difficult to deal with and initial polite requests have failed, and now it’s going to formal mediation eg NSW fair trading/even NCAT..
It’s annoying when a landlord/tenant, are uncooperative to resolving a NOISE dispute via non formal mediation.. But im left with no choice, as the doors above cause sleep disturbance.. The insulation aint the best in this building(old building) and accoustic carpet underlays might be needed in that unit to..
But it’s all been an unhappy time all this neighbour tension and looming costs from legal fees and time consumed on this Dispute matter..
I rent a unit in a complex of 20 some are owned and others rented like myself. One of the owners has 2 little children that play in the common area in the middle of our units they ride their bikes and scooters and the dad rides a motor bike up and down and they also have a quad bike. He works on his car and boat that is parked in the same area. He has been approached about noise but was told where to go, the real estate has sent a couple of letters of warning but no change. Is he under the same rules that we sign in our lease. He thinks cause he owns it he can do anything. Please help.
Wendy Smith Logan QLD
Hi Wendy
We recently published this article about noise in QLD strata.
All the best resolving the matter.
Hi Nikki,
The neighbour is another lot owner. We are a row of townhouses.
Thanks.
Hi Alex
See this post about strong cooking smells coming from a neighbouring unit. The premise is the same:
Rule #7: A unit owner must not use the unit or permit it to be used in a way that causes a nuisance or substantial annoyance to an owner, occupier or user of another unit.
Jan Browne of Whittles Strata Partners suggests “The first step will be to approach the Executive Committee of the Owners Corporation (via the strata manager) about a report and recommendation on” in this case, the noise issue. It may be useful to keep a diary of the times and duration of the noise.
You may also wish to approach the resident and let them know your concerns personally. You can possibly come to some arrangement. They may not be aware of how loud the noise is.
We wish you all the best resolving the matter.
Hello,
I have a neighbor who runs a generator in his garage regularly, at times as late as 10pm in the evening. The sound is clearly audible in our home next door. Is my neighbor breaking any laws? I’m in the ACT. Cheers.
Hi Alex
Happy to help if we can, however, we may need a little more detail.
Is the neighbour part of your strata scheme ie another lot owner or a boundary neighbour?
Hi, I live in a resort building on the Gold Coast and am frequently unable to have my doors open for the screaming noise of unsupervised people in the pool which at times goes on for hours. The management have said that the police need to be called as they do not want to loose income from holiday makers, I own the lot I am living in, please can you advise. Whilst there is frequently foul language, there is no criminal activity so I cont understand the need to call police. Please could you advise,
Thank you
Hi Leeanne
We have received the following reply back from Frank Higginson, Hynes Legal:
This is a by-law enforcement issue. The issue is whether the conduct of the holidaymakers unreasonably interferes with the use and enjoyment of your lot. And the key thing is the word ‘unreasonably’. What that means is that there are going to be instances where your use and enjoyment is interfered with reasonably. It is definitely not a police issue.
I think the reality is there is going to be very little you can actually do. Swimming (particularly for kids) is always going to involve Marco Polo and the like…..
Hello,
Neighbor living above me has wooden flooring and walks really heavily, please advise what I can do in this situation.
I am currently renting and my complex has a bylaw that apartments aren’t to disturb the peaceful enjoyment of other lots. I am not open to knocking on his door as I don’t handle confrontations well.
I live in Brisbane Queensland
Hi Seb
We have dealt with similar situations in a past Q&A. Take a read of this post and please feel free to get back to us if you still have questions:
QLD: Q&A The very noisy floorboards upstairs disturb our peace
I own a unit on2nd floor the unit directly above has tenants they start to make noise at 5-30 amevery morning 7 days then every night 7pm till 10pm and some timesin after noon walking heavy and droping can you please advise Iam 78 and my wife 76 regards B Davis
Hi Barry
Thanks for your comment. As legislation differs all around Australia, do you mind indicating which state you reside in.
Thanks