QLD: Q&A Can the Body Corporate Test Noise Levels in My Unit?

This QLD article is about receiving a noise complaint and the body corporate’s obligation to test noise levels.

Table of Contents:

• 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?
• QUESTION: We share a main bedroom wall with our neighbour’s living room. We hear their television, sometimes until 3 am. It disturbs our sleep. What can we do?
• 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?
• QUESTION: What is the definition of excessive noise? How can my dog, who might have barked for less than 1 minute, be classed as excessive noise?
• QUESTION: As a lot owner, am I able to get the body corporate to test noise levels to ensure adequate installation is installed in the walls?

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.

William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924

This post appears in Strata News #700.

Question: We share a main bedroom wall with our neighbour’s living room. We hear their television, sometimes until 3 am. It disturbs our sleep. What can we do?

We have owned our unit in a hundred-unit complex for fifteen years. We share a main bedroom wall with our neighbour’s living room. Over the last couple of years, noise has become a problem. Maybe that is due to new technology, i.e. large smart televisions, sound bars and video games.

The neighbour’s television sits alongside our shared wall. We experience noise transfer, sometimes until 3 am. The base, in particular, is quite loud, as well as muffled voices, and it disturbs our sleep.

We mentioned this problem to the neighbour on three occasions over the last eighteen months, and they promised to install a soundproof wall. So far, this hasn’t happened. The noise disappears for a while, only to return. What can we do?

Answer: As friendly conversation hasn’t worked, you probably need to try a more formal approach.

This is likely to be a breach of by-law issue. Most body corporate by-laws start with a noise by-law. The default schedule 4 by-laws state:

1. 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.

Your by-laws will probably state something along these lines. If you don’t have a copy, you should be able to get one from your body corporate manager or the secretary of your scheme.

The by-law doesn’t mean that there should be no noise transference between lots – that’s not possible – but it considers whether the noise one person makes interferes with another’s ‘peaceful enjoyment’ of their lot.

‘Peaceful enjoyment’ is an interpretive concept; different people will have different standards regarding an acceptable noise level. Establishing a threshold for when an agreed baseline has been breached can make dealing with noise issues complex.

In this case, you have approached the neighbour, and it seems they have acknowledged the issue, albeit they haven’t done anything to resolve it. The onus, then, is on you to see if you can lead the neighbour to change. As friendly conversation hasn’t worked, you probably need to try a more formal approach. Maybe issue a letter to the neighbour or have a solicitor draft one for you. The letter should state the problem, what you expect they do to resolve it, and a timeframe for that resolution. Your neighbour isn’t obliged to respond or rectify based on a letter alone, but by issuing one, you are starting a formal process of notification and, hopefully, resolution.

Your correspondence doesn’t say, but have you approached the body corporate about the issue? You should, and if the body corporate agrees, it could issue a breach of by-law notice to your neighbour. To formalise the process, you could issue the body corporate with a BCCM Form-1: Notice to body corporate of contravention.

For its part, the body corporate may ask you for some evidence of the disturbance. For noise complaints, this isn’t always easy to provide, but you could keep a diary or make audio recordings via your phone. If the matter is serious enough, you could engage an audio specialist to take the recordings. This can be expensive, but they can help provide definitive proof.

If you raise the issue in this way, hopefully, your neighbour will take action to ease the situation – as they have indicated they could add some soundproofing or move the television, if necessary.

If not, you may have to proceed with the issue by making a complaint through the Commissioner’s office. There is some argument here that the body corporate should do this – it has evidence that its by-laws are being breached and should act accordingly. However, in neighbour vs neighbour disputes, I generally think it is best if the individuals pursue the matter. You are the person experiencing the problem, and you are the person best placed to demonstrate and argue for resolution. You are more likely to get a positive outcome by making your argument than leaving it to others.

If your neighbour receives a notice from the Commissioner, you would again hope that would prompt them to self-rectify. If not, the matter can be proceeded to a mediation and ultimately an adjudication. If you are going down this road, you must have as much clear evidence as possible – the diary and sound recordings mentioned previously. If you are having a he said, she said discussion, it can be hard to come to any conclusion.

William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924

This post appears in Strata News #669.

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:

1. 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.

William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924

This post appears in the December 2022 edition of The QLD Strata Magazine.

Question: What is the definition of excessive noise? How can my dog, who might have barked for less than 1 minute, be classed as excessive noise?

What is the definition of excessive noise?

We’ve received a breach for our dog barking. I’m trying to understand how my dog, who might have barked for less than 1 minute, could have breached this bylaw.

Answer: The problem with this type of noise is in determining what constitutes “nuisance,” “interference,” or “unreasonable.”

Dog noise in high rise buildings has three levels of control;

Queensland Government –

Dog Barking

The law says that if a domestic animal (usually a dog) barks excessively, an abatement notice (i.e. a notice requesting that they cease the noise) can be given to the dog’s owner if the problem can’t be resolved directly.

Local Government (Brisbane City Council, for example)

Animal Noise

It is perfectly normal and reasonable for animals to make noise from time to time, just as children make noise when they play outside. In Brisbane, animal noise such as a barking dog, a squawking parrot, or the trilling call of a guinea hen is considered a nuisance when it unreasonably disrupts or inhibits activities at adjoining premises or nearby residential land.

Under Council’s Animals Local Law 2017 (the local law), a person must not keep an animal if it causes a noise nuisance. In determining whether a nuisance has occurred, an authorised person can consider a number of factors. These include:

• whether complaints have been received from multiple persons, occupying separate dwellings in the same or adjoining streets as the noise
• the frequency and intensity of the noise
• the time and duration of the noise, specifically
• where the noise is made for more than a total of six minutes in any hour from 7am to 10pm on any day

Body Corporate By-Laws (these often over-ride both State and Local Authority controls)

By-Laws do not normally address dog noise specifically; however, they often require that an “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”.

The problem with this type of noise is in determining what constitutes “nuisance,” “interference,” or “unreasonable.” The result is the same as the human response to noise; there is no one black or white answer. These are all subjective terms that require an “expert” or “authorised” person to make a judgement. These are not easy matters to argue in court.

Ross Palmer
Palmer Acoustics
E: ross@palmeracoustics.com
P: 07 3193 0500

This post appears in the May 2021 edition of The QLD Strata Magazine.

Question: As a lot owner, am I able to get the body corporate to test noise levels to ensure adequate installation is installed in the walls?

I am an owner of a townhouse with shared walls on both sides. All the townhouses have wooden floorboards and a wooden staircase. I have two issues regarding noise in my townhouse.

The first issue is that rental tenants with an 18 month old child have moved into one of the townhouses adjacent to ours.

Every single morning from 4:30 am onward there is constant banging of various degrees, sounds of the child running across the lounge room wooden floors, cupboard doors opening and closing, various items being dragged over walls and jumping up and down on the floor. All sounds vibrate and can be heard very loudly up into my bedroom.

The second issue is the stairs that run up along either side of my unit. You can hear every single step every time someone uses the stairs, to the extent that it sounds as if someone is in my house using my own staircase. Also when people talk on the stairs (which are internal staircases connecting the levels in each townhouse that are tri-level) you can hear word for word in my apartment.

As an owner, am I able to get the body corporate to test noise levels to ensure adequate installation is installed in the walls?

Answer: As evidence, make a log of the times and some degree of measurement of the noise.

Where this one sits is that:

• The body corporate has an obligation to reasonably enforce by-laws; and
• The by-laws will be breached (depending on their wording) if the noise unreasonably interferes with the use and enjoyment of your lot.

So for the body corporate to be able to enforce the by-laws they need evidence. Normally that will need to come from you as the complainant. It is not necessarily the body corporate’s obligation to gather its own evidence on your behalf. Proving that noise unreasonably interferes can be sometimes difficult so it is an easy argument for the body corporate to justify that they aren’t willing to take the risk of trying to enforce the by-laws when they aren’t satisfied they have enough evidence to be successful in the first place.

So what we would suggest is taking a log of the times and some degree of measurement of the noise. You can then send that to the body corporate and ask them to take by-law enforcement action. The alternative is to ask them to send around a note reminding occupiers of the noise that can be created on the stairs and early in the morning.

Frank Higginson
Hynes Legal
E: frank.higginson@hyneslegal.com.au
P: 07 3193 0500

This post appears in Strata News #148.

Read next:

• QLD: Q&A Noisy floorboards upstairs disturb our peace
• How to deal with noise complaints when living in a Strata Community

Still after more about the body corporates obligation to test noise levels or even more general articles about strata in Queensland? Visit Strata Noisy Neighbours OR Strata Legislation Queensland

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