- What can I do about noisy apartment neighbours?
- What can I do about neighbours playing loud music?
This FactSheet is not printable, but rather full of the latest information in the form of dynamic links and/or presentations about Strata Noisy Neighbours and other apartment neighbour issues. New information and links are added regularly. Be sure to check back to be kept up-to-date.
If you have enjoyed this FactSheet, discover more great information in our other FactSheets in this series.
Leanne Habib, Premium Strata
Question: What can I do about a noisy neighbour in the apartment above who hammers, sands and drags furniture around all hours of the day and night? If you could help me in terms of where to go next.. and what my rights are.
Frank Higginson, Hynes Legal
Question: As a lot owner, am I able to get the body corporate to test noise levels to ensure adequate installation is installed in the walls? Every morning there is constant banging, sounds of the running across wooden floors, cupboard doors opening and closing, items being dragged and jumping on the floor.
Check your State’s tab for articles and information about Strata Noisy Neighbours and Noise in Apartments
- Home Renovating Shows to Blame For Spike in Renovation Noise Complaints in Australia Jul 2017 - Have the sound of hammers and power tools overtaken loud parties as the new noise complaints in strata communities, thanks
- How To Deal With Noise in Strata Buildings – PODCAST Aug 2016 - Why is noise in strata buildings a critical issue for Strata residents? Stephen Raff discusses how to deal with noise
- How can apartments be better designed to meet the needs of families with children, as a long-term living arrangement? May 2016 - This article about the experiences of families living with children in apartments has been provided by Sophie-May Kerr, School of
Amanda Farmer, Your Strata Property
May 2016: How An Owner Advocate Helped A Strata Owner Overcome A Bad Case Of Bullying From His Strata Corporation — With Kellie Wright
Stephen Raff, CEO of Ace Body Corporate Management
Nov 2015: In my experience, there are three common strata issues from owners that rise above all else when living in a strata community: Pets, Parking and Noise from strata noisy neighbours and other sources!
Stephen Raff, Ace Body Corporate Management
Oct 2015: How to deal with strata noisy neighbours? We take a look at noise complaints in strata building and explain some of the options available to unit / apartment owner occupiers and tenants in a strata community.
Paula Byrnes, Metropolitan Strata Reports
Sep 2015: This case is about an owner who felt bullied – via neighbours complaint letters – by the other owners for playing loud music and entertaining & became distressed about what they were going to do next . What if you are the ‘Strata Noisy neighbours’?
Allison Benson, Kerin Benson Lawyers
Dec 2014: Common complaints around this time of year concerning apartment neighbours are increased strata noisy neighbours, smoke drifting into lots, guests or other owners or occupiers parking in visitors parking or on the common property and guests or mess left in the common areas.
Are strata neighbour disputes – like strata noisy neighbours – making life in your scheme “horrendous”?
Jul 2013: Currently across Australia’s there are 280,000 owners’ corporations, bodies corporate, and strata companies housing over 24% of Australia’s residents. Further, with approximately 40% of all new developments being in medium or high density housing, the growth looks to continue. What can you do about your strata noisy neighbours problems?
- NSW: Neighbours Come in all Shapes and Sizes and so do your Common Boundary Disputes Apr 2017 - All properties have boundaries and inevitably, at some time or another you may be faced with a dispute arising over
Clare Dominello, Benjamin & Khoury
Mar 2016: Strata Noisy Neighbours: How many of us are shocked by ‘Keep your child quiet or pay $550′ – the noise complaints in apartments headline that recently caught our attention?
Allison Benson, Kerin Benson Lawyers
Sep 2015: Hard surface floors in strata schemes can be a huge issue. If a building is not originally built with hard surface floors it is very likely that installing hard surface flooring will cause acoustic issues for the units below and beside.
Paula Byrnes, Metropolitan Strata Reports
Aug 2015: Who is responsible for minimising apartment noise which transfers between lots, especially when we are discussing a tenancy situation? How could a strata report help?
- NSW: Q&A Noisy Neighbour Constructing in the Apartment Above Nov 2017 - Question: What can I do about a noisy neighbour in the apartment above who hammers, sands and drags all hours
- NSW: Q&A Noise Complaint Letter to Strata May 2017 - Question: I have issued a noise complaint letter to strata, but the noise from the water pump in the wall
- NSW: Q&A Lack of Privacy in Apartments Due to Walkway to Beach Oct 2016 - Question: Is lack of privacy in apartments a breach of our strata by-laws? We have people on our patio and
- NSW Q&A: How Do I Stop Cigarette Butts Litter from Neighbours Upstairs? Sep 2016 - Question: How do I stop cigarette butts litter from being dropped onto my balcony from neighbours upstairs who overlook my
- NSW: Q&A Light Shining Into the Apartment Causing Nuisance Sep 2016 - Question: Is it a breech of strata by-laws if a neighbouring property has a light which shines directly into mine
- NSW: Q&A How Do I Deal With the Noisy Tenants Above Me? Aug 2016 - Question: How do I deal with noisy tenants above me? We have had no success in dealing with the tenants
Allison Benson, Kerin Benson Lawyers
Jan 2016: Strata noisy neighbours: We recently received a question about a NSW overcrowded apartment causing problems for a neighbouring lot owner. This issue involves smoke drift & noise.
STRATA SCHEMES MANAGEMENT REGULATION 2016 – SCHEDULE 3 – Model by-laws including those concerning noise for residential strata schemes
Owners Corporation Network, with funding from NSW Fair Trading, has produced some guides for the information of strata owners in NSW.
eBooks about NSW Strata Noisy Neighbours
– by Nadine Behan. Published by the Legal Information Access Centre (LIAC), State Library of New South Wales, 2012. An easy to understand guide to the different areas of law that are involved in neighbourhood issues – strata noisy neighbours – and disputes. Covers areas that commonly cause problems between neighbours including: dividing fences, retaining walls, overhanging branches, animals and noise, including a section discussing:
- Disputes and how to resolve them. If you have a problem with your neighbour, or your neighbour has a problem with you, it is important to try to resolve it as early as possible. Once a problem escalates, it can result in entrenched conflict that becomes disabling for all concerned and very difficult to resolve.
- Entry, access and privacy. Including information about trespass, nuisance and negligence.
- Dividing fences. Restrictions concerning the style of dividing fence may operate in your local area because of council policies, heritage protection or restrictive covenants (e.g. a subdivision may have an agreement that all fences be of a particular type). Also some fences may need council approval. Check your local council website for any guidelines concerning fences in your area.
- Noise, smells, smoke and garbage. Most types of pollution, whether industrial or domestic, can be experienced in a neighbourhood setting. The main legislation that deals with pollution in NSW is the Protection of the Environment Operations Act 1997, called the POEO Act. Administered by the Office of Environment and Heritage (OEH), the Act and its associated regulations create various offences and provide a range of remedies, depending on the type of pollution and the type of activity that is causing it.
- Violence, harassment and intimidation. If a neighbour is intimidating or harassing you, or causing you to fear for your safety or the safety of your family or your property, you can apply to a court for an apprehended personal violence order (APVO) under the Crimes (Domestic and Personal Violence) Act 2007 (Part 5 Apprehended personal violence orders).
- QLD: Crime In Surfers Paradise Communities [PODCAST] Jun 2017 - The challenge for strata owners is the fact they are living within close proximity to others, so the actions of
- QLD: Enforcing By-Laws – Noisy Neighbour ordered to Remove Renovations Jun 2016 - This article discussing the enforcement of noise by-laws has been supplied by Mario Esera, HWL Ebsworth. If you have enjoyed
Dec 2013: Got an issue at your scheme for something like strata noisy neighbours? Most readers will be aware that before making an application to the Office of the Commissioner for Body Corporate and Community Management for dispute resolution, a party must attempt to resolve the dispute by internal dispute resolution.
- QLD: Q&A He Said….. She Said….. about the Neighbours Barking Dog Jan 2018 - Question: We've received a written complaint about a neighbours barking dog. It's proven difficult to pinpoint which neighbour. As Building
- QLD: Q&A Can I Get My Body Corporate to Test Noise Levels in My Unit? Jun 2017 - Question: As a lot owner, am I able to get the body corporate to test noise levels to ensure adequate
- QLD: Q&A Noisy floorboards upstairs disturb our peace Apr 2017 - Question: Is it legal to have floorboards in an upstairs unit? At times we are disturbed by the excessive noise
- VIC: Q&A The Solution to Light Pollution from Neighbours Feb 2018 - Question: I have a neighbour who has placed beautiful lights around their home but they leave them on through the
- VIC: Q&A Noise Transfer Between Apartments Due to Hard Flooring Jun 2017 - Question: Laminate flooring in the apartment below has turned the unit into a giant echo chamber. What are the rules
Model rules concerning duty to prevent nuisance. If your owners corporation does not make a rule covering any item in the model rules, then the model rules apply.
- SA: Q&A Dealing with disruptive tenants in apartment buildings Mar 2018 - Question: Some disruptive tenants reside in our apartment building. Apart from contacting the owners or calling the police each time
- SA: Q&A Can I do anything about nuisance neighbours who are renting? Dec 2017 - Question: I have nuisance neighbours who are renting. The apartment is overcrowded and their cooking smells waft into my space.
Tyson D’Sylva, Ace Body Corporate Management
May 2016: Question: Retrospective approval has been given to my neighbour’s renovations. What can I do now about the noise?
– model by-laws concerning duty to prevent nuisance.
- WA: Q&A Strata Neighbour Noise – Is this an easy one to solve? Mar 2017 - Question: I have noise issues from my neighbours above. Most of the disturbance is caused during the day. Can I
Schedules 1 and 2 to the Strata Titles Act contain the standard by-laws which apply to all strata schemes unless the strata company has amended them, including by-laws concerning duty to prevent nuisance. You should obtain a copy of the strata plan to ascertain if the standard by-laws apply.
Legal Aid, Western Australia
Looking for Strata Industry Experts in your area for dealing with strata noisy neighbours or noise or problems in your strata scheme? Search within our Strata Services Directory in the category Legal Services for the best list of contacts available.
Interested in being included in the Directory? Contact Nikki Jovicic, LookUpStrata for more information.