Noise is a common complaint that residents have in a strata complex whether it be from loud parties, lack of appropriate floor coverings, noise from equipment such as air-conditioning, renovation work or barking dogs to name a few. In such cases, what are the options available to deal with the situation?

Normally, one of the by-laws of the strata scheme will prohibit noise that disturbs the peaceful enjoyment of another resident. Therefore, if you are affected by noise, you should talk to the resident creating the problem to see if it can be resolved amicably.

If that does not work, the issue can be reported to the strata manager or the secretary of the owners corporation and if it is determined that the by-law is being broken, a Notice to Comply can be sent to the offending resident who can be fined if the contravention continues.

If serious enough, a resident can make an application to the New South Wales Civil and Administrative
Tribunal for an order preventing further noise breaches but only after mediation has been attempted first through NSW Fair Trading.

Further options include reporting the noise problem to the local Council, which can serve notices on people to control offensive noise, or applying to a Local Court for a noise abatement order.

Legal assistance will, of course, steer you in the right direction to come up with the most practical and cost effective solution.

July 2023