When you live in strata, how do you deal with a noisy neighbour in the apartment above? Whether the neighbour is construction all hours of the day and night or has installed noisy vinyl floorboards without approval.
Table of Contents:
- QUESTION: I’m a healthcare shift worker. My downstairs neighbours says I can’t shower after 9pm. What are my rights here?
- QUESTION: Can using a washing machine is after hours be considered a nuisance? Is it unfair or harsh to have a By-Law that deals with this?
- QUESTION: Can approval be granted for lot owner renovation – with a condition that works are NOT to commence before a certain date?
- QUESTION: Is there a requirement to notify residents of the commencement date of noisy renovation/repairs to the apartments and common areas?
- QUESTION: A noisy neighbour has replaced carpet with vinyl boards. This renovation was done without owners corporation approval. The increased noise transference permitted through the new vinyl flooring is unacceptable to neighbours who have complained accordingly.
- QUESTION: What can I do about a noisy neighbour in the apartment above who hammers, sands and drags all hours of the day and night?
Question: I’m a healthcare shift worker. My downstairs neighbours says I can’t shower after 9pm. What are my rights here?
I am renting an apartment. The woman below me is quite noise sensitive and isn’t the type of person I want to upset. However, I am a healthcare worker and do shift work. My job entails showering and changing incontinence pads, so when I come home, I would like to shower. She is now saying I can’t shower after 9pm because of noise laws. Is this the case? Especially during COVID-19 where hygiene now is paramount.
My shower isn’t loud- no squeaky taps or pipes. No water hammer.
What are my rights here? Am I allowed to shower?
Answer: In the absence of a by-law which might attempt to regulate showering times, it is reasonable for you to shower after 9:00pm, provided that you are not causing a “nuisance” which unreasonably interferes with your downstairs neighbour.
Offensive noise is defined in the Protection of the Environment Operations Act, 1997 as noise that by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances:
- Is or is likely to be harmful to a person who is outside the place where the noise is coming from; or.
- Interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or rest of a person who is outside the place where the noise is coming from.
“Noise” from showering does not appear to fall within the categories and even noise from air-conditioners is generally only regulated after 10:00pm.
In our view, in the absence of a by-law which might attempt to regulate showering times, it is reasonable for you to shower after 9:00pm, provided that you are not causing a “nuisance” which unreasonably interferes with your downstairs neighbour.
Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440
This post appears in Strata News #508.
Question: Can using a washing machine is after hours be considered a nuisance? Is it unfair or harsh to have a By-Law that deals with this?
Is using a washing machine after hours a breach of noise / nuisance provisions? Is it unfair or harsh to have a By-Law provision that deals with when not to use a washing machine or other heavy electrical appliance?
The neighbours above me use their washing machine well after 10:30 pm. They are not shift-workers.
According to the NSW Environmental Planning Authority, there appears to be a void regarding when washing machines are not to be used. When I spoke to a representative from this State Department, she empathised with my dilemma about the noisy spin cycle and the fact that the washer is used after 8 pm. However, she did mention that in her apartment complex, they have a By-Law specifically restricting the use of washing machines from 8 pm to 8 am.
I’ve raised the noise issue with the neighbour upstairs who was surprised that his washing machine would be so audible and adamant that the noise could not resonate from their laundry all the way to my bedroom.
Is this is a breach of noise or nuisance and if so, is it fair and reasonable to have a By-Law included that specifically addresses the use of Washing Machines? If possible, the wording of this By-Law would be greatly appreciated.
Answer: Some schemes regulate permitted times for use of after-hours washing machine/tumble dryer use and such by-laws are common overseas.
Some schemes regulate permitted times for use of after-hours washing machine/tumble dryer use and such by-laws are common overseas. We are not aware as to whether this would be construed harsh, however, if the noise constituted nuisance you would have rights under those provisions. It seems reasonable to be able to regulate such noise inasmuch as permissible times for practice of musical instruments have been imposed.
We are not lawyers to draft the subject by-law, however, we would be pleased to direct you to suitable strata lawyers.
Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440
This post appears in Strata News #437.
Question: Can approval be granted for lot owner renovation – with a condition that works are NOT to commence before a certain date?
A lot owner has made a application for a bathroom renovation with By-law included etc.
At the upcoming AGM, can approval for the renovation be granted with a condition that works are NOT to commence before a certain date? Reasons will be given in detail for this request. The committee that, as more residents are working from home and staying at home more due to the current situation with COVID-19, his renovations and the noise associated will be seriously disruptive for weeks.
Is this a reasonable thing to ask?
Answer: it is not really fair to the owner wishing to carry out renovations not to be able to carry out the renovations at his preferred time.
While it does not sound unreasonable for those who will be at home due to the noise and disruption, it is not really fair to the owner wishing to carry out renovations not to be able to carry out the renovations at his preferred time.
Also, local council and legislation govern permissible times for noisy works to protect all residents from inconsiderate neighbours carrying out renovations.
This post appears in Strata News #426.
Question: Is there a requirement to notify residents of the commencement date of noisy renovation/repairs to the apartments and common areas?
Is there a requirement to notify residents/lot owners of the commencement date of noisy renovation/repairs to the apartments and common areas?
Recently we had a neighbour jackhammering with less than a 12-hour notice, and yesterday we had some very noisy common area work commissioned by the Strata Manager with zero notice.
The committee gives approval without stipulating any conditions to notify residents.
Unless it’s an emergency, is there a way for a lot owner to stop such noisy renovations until the required notice period has elapsed?
We have generic bylaws and there’s nothing about giving notice. I would very much like one week notice given as I work from home.
Answer: It would seem that a special by-law/resolution should have been passed in relation to the works.
It would be unusual for the strata committee to be able to approve such invasive works (in the absence of a generic by-law for major works if these works have been carried out by individual lots or a special resolution if the Owners Corporation are carrying out the works) and it would seem that a special by-law/resolution should have been passed in relation to the works.
Usually, such a by-law would have, as a standard condition, the requirement to give adequate notice to residents prior to the commencement of works if an owner is completing the works. Good practice will also require notice to owners in the case where the owners corporation are carrying out the renovation works .
As there is no by-law regulating the works, if the owner is carrying out noisy works outside the Council guidelines you could:
- contact Council
- rely on the nuisance provisions of the strata legislation
- seek a noise abatement order from the NSW Local Court.
Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440
This post appears in Strata News #372.
Question: A noisy neighbour has replaced carpet with vinyl boards. This renovation was done without owners corporation approval. The increased noise transference permitted through the new vinyl flooring is unacceptable to neighbours who have complained accordingly.
Following is the summary of an issue that is causing concern and conflict in our units.
Immediately upon moving into his first-floor unit in early 2017, a new owner replaced existing carpet floor coverings with vinyl planks. This vinyl was glued directly to the concrete floor.
No approval was sought or granted to this change of floor covering by the Owners Corporation, despite advice regarding the requirements of the SMA being explained to the new owner prior to the installation.
The owners of the unit have twice sought retrospective approval at Owners Corporation meetings and have twice been refused on the basis of excessive noise.
The increased noise transference permitted through the new vinyl flooring is unacceptable to neighbours who have complained accordingly.
The offending noisy neighbour refuses to rectify the problem.
The Strata Committee and the Strata Managers have chosen to ignore this problem.
What remedy is available to the offended owners and ramifications of the non-approval of the change in flooring.
Answer: The Owners Corporation would need to show their reasonableness in refusing the floorboards for the benefit of the greater majority of the building with well-documented evidence of nuisance caused.
Despite the fact that flooring is now a minor renovation (which the offending owners have not obtained) any minor renovation would still need to comply with the other by-laws applicable to the scheme eg floor coverings/noise.
In case of the former, if floor coverings over the unauthorised floorboards to not eliminate the nuisance, then the offending owners are in breach of the old by-law 14 which may apply to your scheme. Alternatively, new by-law 6 “noise” prohibits undue noise.
Any refusal to approve the flooring installation would have to be justified on a case by case basis, assessing the merits of the case and the Owners Corporation would need to show their reasonableness in refusing the floorboards for the benefit of the greater majority of the building with well-documented evidence of nuisance caused.
Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440
This post appears in Strata News #201.
Question: What can I do about a noisy neighbour in the apartment above who hammers, sands and drags all hours of the day and night?
If you could help me in terms of where to go next.. and what my rights are.
We live in a ground floor apartment. Our neighbour above moved in earlier this year. He builds stage sets for theatre. There is daily hammering, sanding and dragging. It’s like living with constant renovations.
I’m a pretty reasonable person and can live with it during the day, but when he hammers at 7 pm sometimes 9 pm it makes my living space a difficult place. We sent him a letter to ask if he could please limit his carpentry work to daytime hours. The last four days he has continued with evening work.
I am continuing to record the times and dates…. where do I go from here in order to hush this noisy neighbour?
Answer: The noisy neighbour should be issued with a Notice to Comply
You should seek assistance from your strata manager who should, in turn, seek instructions from your strata committee that the noisy neighbour should be issued with a Notice to Comply.
The noise is likely to be in breach of the “noise” by-law applicable to your scheme (check your by-laws). It also appears that the noise constitutes a nuisance which is actionable under the new strata legislation (see Section 153 of the SSMA 2015). Keep up the record keeping as you will need it to persuade your strata committee that the noise is nuisance and if they do not agree, you will need it for mediation and a possible NCAT hearing.
1 NOISE
An owner or occupier of a lot must not create any noise on the parcel likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.
Note: This by-law was previously by-law 12 in Schedule 1 to the Strata Schemes (Freehold Development) Act 1973 and by-law 13 in Schedule 3 to the Strata Schemes (Leasehold Development) Act 1986.
153 Owners, occupiers and other persons not to create nuisance (Old Section 117)
- An owner, mortgagee or covenant chargee in possession, tenant or occupier of a lot in a strata scheme must not:
- use or enjoy the lot, or permit the lot to be used or enjoyed, in a manner or for a purpose that causes a nuisance or hazard to the occupier of any other lot (whether that person is an owner or not), or
- use or enjoy the common property in a manner or for a purpose that interferes unreasonably with the use or enjoyment of the common property by the occupier of any other lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the common property, or
- use or enjoy the common property in a manner or for a purpose that interferes unreasonably with the use or enjoyment of any other lot by the occupier of the lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the lot.
Query also whether the “home occupation” is contrary to zoning/permissible uses by Council.
Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440
This post appears in Strata News #170.
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
Have a question or something to add to the article? Leave a comment below.
Read next:
- NSW: Crash, Bang, Sigh! What Can I Do About Noise? Residential Noise!
- NSW: Children and Noise Complaints in Apartments – ‘Keep your child quiet or pay $550’
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I don’t know about anybody else. But living in a strata is like renting. You pay a fortune for your lot and then have a bunch of people telling you what you can and can’t do. What if the person that ripped up carpet and put down floorboard. Maybe he is asthmatic or very allergic. I feel sometimes like I’m living in an institution and feel that we are being kept in the dark as decisions are made without us knowing. I feel like I’m selling my rights to freedom only to be ruled by
People and what suites them.
We have an unannounced replacement of tiles on two levels, common property. The strata Manager is fully aware but failed to advise owners. Some tenants moved out due to noise. Occupiers using Zoom have to rent elsewhere. Are the Body Corporate financial losses due to the noise?
Darwin.
Exactly people are getting very precious these days. Do they forget they chose to live in a block of units with neighbors all around them.
Hi
1. The strata complex ( contact the strata management company to check) should have a by law that deals specifically with rules around renovations, for instance – approval to be sought from Strata Council ( which is made up of owners) in the first instance and times and days of the week that renovations are allowed. and that the owner wanting to renovate needs to provide residents with adequate notice of planned works ( after approval has been granted.) Also to clear up any mess.
2. Local councils also have regulations – check with your local council on Environmental Health Act/or regulations in your state. For instance, power tools can only be used for 2 hours per day in my local authority area.
3. If you think the by law needs tightening up /improving -a ny owner can propose amendements to a by law be considered and voted on at the next Annual General Meeting.
4. Anyone operating outside the by law – insist that the Owners Council or Strata Managers breach them.
My neighbour upstairs is renovating refurbishing her bathroom i am a shift worker and get home late the hammering etc starts at 7.30 am there is also drilling my neighbour suggested i move out which means i have to pay for two weeks accomodation thanks to my neighbour this is happening for 2 – 3 weeks have i got any rights as an owner. This is the 3rd lot of renovations that have affected my peace and quiet
Check the strata by laws and local council regulations around noise from power tools and timing of renovations.
Ask for a change in the by laws if you consider it unfair to residents.
If the Strata Manager has not addressed a Letter of Noise Complaint to the noisy neighbours and if he hasn’t followed up whether the Strata By-laws are being complied with, if he hasn’t actioned a Notice of Compliance and if he hasn’t informed you what further action can be taken like going to NCAT to enforce compliance against the noisy neighbours, then he has failed in his duty of care.
There’s a lot you can do. Speak to other neighbours whether they too have been affected by the disturbances and start a petition to be presented to the Strata Manager, if the Strata Manager is an employee of the Strata Management company then address the owner of that company., not the strata manager who offered you no help.
It’s very annoying that Strata Managers disregard the fact that they are employees of the Strata Owners Corporation and they are contracted to represent the Owners Corporation concerns. of any breaches of the By-laws among their Strata Plan Administrative responsibilities. They are not your employer you are their employer!!
If you can afford legal solicitor representation then do so. Tell your solicitor about the abuse you received and if any police inaction.
Alternatively, contact Elder abuse helpline on 1800 628 221
I have problems about the noisy neighbour from upstairs since 2014 he is a son of the owner. Many times I told him to volume down the music but he ignored me all the times. When I had knocked on his door, he couldn’t hear that. Later he opened the door, he shouted and swore at me …I was so shocked and afraid…He is an Australian young man in 20th something years old. I’m 70 years old Korean lady. Almost every night from 10 o’clock or 11 o’clock PM to 2-3-4 o’clock AM next early morning… I couldn’t sleep, my bedroom is just beneath his room, he plays games or watches movies…I presume. First a few years I noticed, attached a small paper on his door,” please volume down your music..we live same building so we have to be considerate each other …”. Some neighbours told me to call the police, but I hesitated to call the police, feeling like guilty because he is our neighbour. But from last year I called police at midnight, but they didn’t come every time when I needed.
Last month, 28th December 2018, I called police “131444” 1:36 AM (29th Dec 2018 early in the morning). The police came around 2:00 AM, I opened enter door for them (he didn’t hear buzzing sound), police talked to him I thought, but after police left, he still kept playing the game or watching the movie until before 5 AM in the morning…very loudly.
30th of Dec. 2018 from 5:00 PM he and his friends jumping running etc. at his place, my ceiling was shaking sound like an earthquake, (they did before 3 years ago many times, my ceiling and a crystal jar were shaking before.)
I called police 131444 12:17, 12:58 AM (31st Dec.2018 early morning) police came 1:00 AM.
I asked my flat STRATA about this matters 4 years ago, but they couldn’t take any action, also police can help not to make noise from 10 PM 11 PM until 2- 3 AM, he didn’t care of anyone, but I have been suffering almost every night still even now … but it’s not time to sell and move away from here, before going to AGED CARE PLACE.
please give me a way he should stop to make a noisy to play the game or watch the movie, I can hear that sound…after 10 PM.