Question: Are there any lighting restrictions for common area lighting in a small strata complex? Are common area lights required to be on all night? We live in the ground floor unit, and the lights from the path and garden shine into our bedroom.
Answer: Although this is causing you some challenges, that does not automatically mean it is a ‘nuisance’ for the purposes of legislation.
There are no specific provisions about lighting in strata legislation. I can’t speak for whether there are requirements under other legislation.
In relation to non-specific provisions, the body corporate is required to maintain common property and also may need to ensure a hazard is not created. It may be that the lighting is required to mitigate against a hazard (e.g., someone tripping over in the dark or as a crime-prevention measure). I also don’t know if there are safety concerns in the scheme that the lighting might be addressing.
On the other hand, there are provisions for ‘nuisance’ under body corporate legislation, and a nuisance can be a visual nuisance. Is this situation a ‘nuisance’? I couldn’t say – it is very much a case by case situation. Obviously, it is causing you some challenges, although that does not automatically mean it is a ‘nuisance’ for the purposes of legislation. The body corporate is also required to enforce its by-laws and there may be a by-law relevant to your situation. You would need to check your by-laws about that.
My suggestion is that you raise your concerns with the committee and clarify if there is a specific reason why the lights are the way they are. Remember, it may be entirely reasonable that the lights are on as much as they are. If not, it may be a case of trying to negotiate some changes to how long the lights are on or some mitigation measures for you and your lot. If an agreement can’t be reached, you would then need to consider seeking conciliation through the Commissioner’s Office.
This is general information and not legal advice.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898