An NSW Lot Owner is wondering how to stop an upstairs neighbour from washing down their outdoor area and causing water dripping over the balcony?
Question: How can I stop my upstairs neighbour from washing down their outdoor area, sometimes with bleach, causing water dripping over my balcony? This disturbs the use of my property. What rights do I have to make them stop?
My neighbour above insists on washing / hosing down their outdoor area, causing water dripping over my balcony and cascading down my glass sliding doors and onto the tiles below. They regularly use bleach for cleaning and this also washes down onto my outdoor area. While sitting outside enjoying our space, we have often been splashed by torrents of water from above.
I have politely requested the neighbour stops washing their balcony with water. This only means they wait until they think there is no one home in our apartment and then carry on as before.
This activity is disturbing the amenity of my property.
What rights do I have to make them stop?
Answer: Your neighbour may not use their lot in such a way that causes nuisance or hazard to you.
You should first check the by-laws that apply to your scheme. Some newer schemes have by-laws that regulate water run-off balconies and the types of products that may be used when cleaning outdoor areas. Irrespective of the existence of a by-law, the water escape will likely constitute a nuisance/hazard under the strata legislation which basically states that your neighbour may not use their lot in such a way that causes nuisance or hazard to you.
You should also contact your strata manager and explain your situation, who will hopefully issue a letter to encourage your neighbour to stop causing you nuisance/hazard.
Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440
These articles are not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
This post appears in Strata News #213.
Have a question or something to add to the article? Leave a comment below.
Read next:
- NSW: Q&A Light Shining Into the Apartment Causing Nuisance
- NSW Q&A: How Do I Stop Cigarette Butts Litter from Neighbours Upstairs?
Visit Strata Noise & Neighbours OR NSW Strata Legislation.
Looking for strata information concerning your state? For state-specific strata information, take a look here.
Are you not sure about some of the strata terms used in this article? Take a look at our NSW Strata Glossary to help with your understanding.
After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.
How should an upstairs neighbor clean their membrane covered balcony without causing some water run off?
What if the balcony of the unit above also has a drain, for this particular purpose, yet they still push water (possibly soapy) off the edge which drips down into my courtyard where I have plants?
Hi Veronica
We have received the following response back from Leanne Habib,
If they are deliberately doing this, this may still constitute a nuisance, however, you should also investigate the possibility that the drainage system may be ineffective/poor (which in turn could be a common property defect, requiring rectification).