This article discusses whether you can be made to pay for acoustic test costs after a noise complaint, suggesting you first seek evidence, check by-laws, and clarify who is responsible.
Question: I’ve lived in my unit for over 8 years with no problems. I’m in QLD and have recently received a noise complaint about the flooring. I’ve been told I need to get an acoustic test at my cost. Is this correct?
I have owned a unit for around 8 years and changed nothing. The unit has laminate-style flooring throughout. I’m in QLD and have recently received a noise complaint. The Strata Manager said I need to do a noise test at my own cost.
This seems unreasonable, especially if the flooring is noise compliant and I’ve received no noise complaints over the past 8 years. Can I be forced to do an acoustic test at my own cost?
Answer: Start by trying to get a better understanding of what has caused this problem.
It sounds odd that the body corporate has requested you to undertake testing as an initial step in this matter, but perhaps there has been a longer process to get to this stage.
There are a number of different options for you in this circumstance, but if it was me I would start by trying to get a better understanding of what has caused this problem. As you state, your flooring hasn’t changed and there haven’t been any complaints for a long period of time, so why is this issue arising now? Has there been a change in your circumstances that could have led to greater noise transference? Maybe you have new neighbours that are more sensitive than the previous ones? Something must have happened to lead to the noise complaint and it’s important to establish what that is. Talk to your body corporate manager about it or ask your neighbours. It never hurts to show that you are a good citizen and amenable to working out a reasonable resolution as the first option.
After that, you need to look at your legal position. Start by checking the by-laws. Are there any requirements in these that indicate it is your responsibility to undertake testing? Many noise by-laws are fairly basic. The default schedule 4 by-laws state:
- Noise: The occupier of a lot must not create noise likely to interfere with the peaceful enjoyment of a person lawfully on another lot or the common property.
If you have something that reads similar, it would usually be the responsibility of the complainant to demonstrate that their use of the lot was being interfered with. Have you been presented with any evidence that this is the case? What quality is that evidence? If nothing substantial has been presented then ask for that as the next step. If reasonable evidence has been presented then you might have to consider how to rectify the problem or what would happen if you don’t.
Some by-laws are more complicated than the standard example. They may include provisions that owners undertake testing although this is usually in relation to a change of flooring. Check the language of the by-law carefully. Go back to the body corporate manager and ask them to demonstrate exactly why it is your responsibility. Maybe engage a strata solicitor to represent you if you feel strongly enough about the matter.
Ultimately, your choice is to undertake the testing or not. If you chose to do it you might want to set out your terms in advance over who does the testing what the standards are and who pays for it. If you do the tests and your apartment is found to be at a reasonable level it would seem fair that you are compensated for this.
If you choose to do nothing, the ball passes back to the body corporate or the owner who has made the noise complaint. They may issue you with a breach of by-law notice. They may seek legal redress and if the matter goes far enough there may be a judgement against you. However, if they follow this path they need to provide credible evidence that you are in breach of the by-law and that may not be easy. There is no definite outcome so all you can do is work through the possibilities and try to come up with a best case solution for all.
This post appears in the December 2022 edition of The QLD Strata Magazine.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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