Question: Day and night throughout my unit, I can hear residents in the central fire exit staircase. I’ve told the body corporate, but nothing’s been done. What do I do?
Day and night throughout my ground floor unit, I hear residents in the central fire exit staircase and people talking. The metal door that provides access to the fire stairs has no release or padding to reduce the bang. The bangs in the middle of the night often wake me.
I have requested that the body corporate put a stopper on the metal door, but as I’m the only one affected, they haven’t done anything. In addition, the upstairs unit has tiled floors, and I can hear a child running, chair scrapes, etc. What can I do?
Answer: You probably need to escalate your complaint.
Noise issues can be tricky to resolve. While noise disturbance is covered under the Act and most by-laws, unless you are experiencing the noise yourself, it is often difficult to communicate the disruption it causes. And, even if there is a will to reduce the problem, the solutions are not always straightforward.
In this case, you say you have contacted the body corporate about the noise from the fire stairwell but have not had much response. That happens sometimes, but as you haven’t received any support, you probably need to escalate your complaint.
As a first step, you might want to write to the body corporate again, outlining your issue and what you expect to happen. Include audio recordings of the noise, if possible, but if not, include a diary of how often the disturbances occur and how they disrupt you. If your scheme has regular committee meetings, ask them to table your correspondence at the next meeting or if you could speak at the meeting. If possible, provide avenues for how you think the issue can be resolved. The body corporate can’t remove the staircase. It may be difficult to add extra soundproofing, but perhaps the door could be adjusted (if fire regulations allow) to stop it from slamming, or notices could be put up asking people to be quiet when using the stairs or to stop people using those stairs if they are not supposed to. Maybe the door locking system could be changed to limit access.
If you want to move beyond a letter, the next step is to submit an owners motion to the committee. This motion requires the committee to vote or comment on your issue within six weeks of receipt.
If your motion is rejected or doesn’t produce any traction, you probably need to look at filing a complaint with the Commissioner’s office and seeing where that takes you.
In making these submissions, it is worth noting that noise problems are typically classified as a nuisance and regulated under section 167 of the BCCM Act. The Act says that the occupier of a lot must not use or permit the use of a lot or common property to create a nuisance or hazard or unreasonably interfere with the use or enjoyment of another lot or common property. So there is protection for you under the law, but you may need to push to bring about a change.
In terms of the noise from above, your email doesn’t say, but is this something you have brought up with the body corporate or asked your neighbours about directly?
Not everyone likes to talk to their neighbours about issues like this, but it is a good place to start if they are friendly. Otherwise, contact the body corporate. Again, you should detail how the noise affects you by including audio files or some kind of diary. If necessary, you could provide the body corporate with a Form 1 – breach of by-law notice advising of the situation. The next action will depend on the response of the body corporate. Still, if you are not getting a reasonable response, you can follow the steps above: submit letters, make an owner’s motion, and ultimately file a complaint via the Commissioner’s office. As mentioned above, you should think about what might be a viable outcome here – the people in the unit may be able to put down a rug to dampen the noise to some degree. Still, they probably can’t stop their children scampering around even if they want to. Putting a credible resolution on the table in advance will add weight to your complaints and help bring about a compromise.
It’s important to note here that if you want to improve these issues, you will have to be the person pushing for that resolution. That can be difficult for some people to accept. They think the committee should be driving the issue or the system should somehow regulate people into better behaviour or taking action. However, real life doesn’t work like that. Some people find taking these actions too conflicting and shy away, but the reality is you are affected and, therefore, in the best position to detail the situation and push for change. If you press forward, you can usually get to some point of resolution or at least a better understanding of the situation.
This post appears in Strata News #700.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
To NoiseNet
I am in Cairns.
My noise problem happens at night. First of all there is a change in the amount of air in the air vent shaft in the bathroom. It becomes more audible around 10pm and sounds like extra air whoosing through and it continues until around 8am. Then the sound that really keeps me awake comes on. It isa low frequency sound like a motor pumping sound where my washing machine cavity is in front of the bathroom that keeps going on until 8am too. I can hear it in the wall of my bedroom when I lie in bed. It is in the wall of the loungeroom if I try to sleep on the couch too.
At one time I was convinced someone either upstairs above me or the unit below were doing clothes drying all night for whatever reason. This has been going on for 4-5 months as the air vent system wasn’t working when I moved in.
We have received this comment from Stuart Clough, NoiseNet:
Determining what constitutes a noise nuisance can be a very personal thing. Some people like things loud, their music, their TV and their life. Others appreciate peace and quiet and any noise they can’t control is an intrusion. Between that, there are some guidelines that have been established in general law to manage noise complaints.
In the Strata space, this hasn’t been carried through and strata managers are left to deal with what “unreasonably interferes with the use and enjoyment of your lot” means. So, when dealing with noise levels, the body corporate has 2 challenges:
1. finding out the facts of the situation (how often and how loud are the noises in question) and
2. then determine if they unreasonably interfere.
Noise diaries are a great first step, as mentioned above, but if you feel your Body Corporate is not responding appropriately you may need to get a 3rd party noise level tester to more effectively prove the facts around your situation.
Noise level testing has traditionally been a very expensive option. Short term testing to prove how loud a problem is may be affordable (but Murphy says it will be quiet while they are there to take the measurements). Proving how often the noise issues are occurring simply multiplies the cost.
Also, because you are (most likely) living in your apartment, telling the difference between the intrusive noise sources and noise created by you going about your business in the apartment is difficult.
We at NoiseNet come across this issue all of the time. We currently operate in South East Queensland and have plans to expand. To carry out noise level tests, we are using a Smart Noise Monitoring technology that uses directional microphones and automated analysis to be able to measure and analyse noise levels over an extended period (a week or two). The system will both tell you how loud a noise source is and where it is coming from (side walls, from the ceiling etc,).
In some cases, it can filter out noise from inside your apartment as well. And, because the process is automatic, it is affordable to carry out long term monitoring.
We are currently looking for buildings to test out the system. Get in touch to see if your building, and noise level problem, may be suitable.
I have a problem with the unit above me it sounds like stomping when they walk. It is floorboards. It is intrusive and the uńit owner refuses to do anything about it. It is affecting me badly.
hi Kere
This article should assist: QLD: Q&A The very noisy floor upstairs disturbs our peace