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Home » Committee Concerns » Committee Concerns NSW » NSW: Q&A Managing sensitive noise complaints in a strata community

NSW: Q&A Managing sensitive noise complaints in a strata community

Published November 21, 2025 By Allison Benson, Kerin Benson Lawyers Leave a Comment Last Updated November 21, 2025

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This article discusses how to manage sensitive noise complaints strata issues fairly while balancing neighbour concerns and the household’s circumstances.

Question: The committee has received complaints of ongoing noise from a rented lot where the household includes a child with additional needs. How do we handle this sensitive matter?

We have received reports of ongoing noise coming from a balcony in a rented unit throughout the day. The household includes a child with additional needs. Neighbours have already spoken with the parents but remain concerned about the impact on their peaceful enjoyment of their lots and have now asked the owners corporation to consider action under the relevant by-law.

Given the sensitive nature of this situation, how should the owners corporation respond appropriately and fairly, while considering the household’s circumstances and minimising the risk of legal complications?

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Answer: This is a difficult and no doubt sensitive situation.

First, let me say that this is a difficult and no doubt sensitive situation all the way around. I note that the unit is rented and that neighbours have already tried to speak to the parents about their concerns. At this stage, it is appropriate for the strata committee to send a polite, non-threatening note stating that noise complaints have been received and asking the occupants to contact the strata committee or the strata manager to work toward a solution that helps everyone.

If the occupants do respond, a round table discussion with the neighbours, the strata committee and the strata manager should be suggested to discuss what noise is of concern and the reason for the noise and work on solutions. By what noise, I mean, is the noise a loud television or radio, loud voices/shouting, crying, dropping or banging noises, footsteps or something else? Potential solutions for neighbours hearing a loud television or radio on balconies include requesting that balcony doors and windows be closed or that the TV/radio be turned down. This is different from a banging noise, which may be resolved by placing foam or a soft surface down, or by replacing a particular toy or using it only at certain times. Maybe the noise isn’t the issue, but the time of the noise or, if it is loud voices, the language being used. When setting up the meeting, it’s crucial to emphasise to all involved that it will be a respectful space to work on solutions.

If the occupants do not respond or deny the issue, if the neighbours are able to document the noise, including describing the noise, dates, times and duration of the noise, the owners corporation should consider:

  1. Notifying the lot owner of the complaints, providing full details, and requesting that they provide a notice under the terms of the lease (if there is one);
  2. Asking the strata manager to issue a letter providing details of the concerns and requesting the occupants take action to stop or significantly reduce the problematic noise, and giving them a time frame to do so;
  3. Taking action to enforce the by-laws by issuing a notice to comply or taking action in NCAT under section 153 of the Strata Schemes Management Act 2015 for orders that the occupants are causing a nuisance.

Note that if Tribunal action is to be taken, someone, ideally the people directly affected by the noise, will need to be willing to put on evidence to substantiate the complaint.

Allison Benson
Kerin Benson Lawyers
E: [email protected]
P: 02 4032 7990

This post appears in the February 2026 edition of The NSW Strata Magazine.

Have a question or something to add to the article? Leave a comment below.

Read next:

  • NSW: Q&A Managing sensitive noise complaints in a strata community
  • NSW: Noise Coming from Above? Tribunal Orders Lot Owners to Remove or Replace Flooring
  • NSW: Children and Noise Complaints in Apartments

Visit our Strata Noise & Neighbours, Strata Committee Concerns OR NSW Strata Legislation.

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About Allison Benson, Kerin Benson Lawyers

Allison is a strata lawyer who has provided general strata advice, acted in strata disputes (including building defect disputes) and worked with clients in preparing and enforcing by-laws and strata management statements, since 2008. From 2012 onwards, Allison has acted exclusively on behalf of owners corporations and lot owners in respect of both strata and community association disputes and building and construction disputes.

Allison has extensive experience in commercial litigation and dispute resolution, having represented clients in contractual claims, interpretation of by-laws and rules, Home Building Act claims and levy recovery claims at all levels of court proceedings, including in the Court of Appeal and in the former CTTT (now the NSW Civil and Administrative Tribunal known as NCAT). Allison’s knowledge across a variety of strata schemes matters enables her to advise owners corporations, lot owners and other interested parties on a range of issues and to represent their interests both informally and before the courts.

Allison is a member of the Australian College of Community Association Lawyers (ACCAL), the Newcastle Law Society and the Society of Construction Law Australia. She holds a Bachelor of Laws (Hons) from Macquarie University and a Bachelor of Business from the University of Newcastle.
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Allison is a regular contributor to LookUpStrata. You can take a look at Allison's articles here .

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