Strata Noise Restrictions – What You Should Know
The communal nature of strata living comes with a unique set of challenges, most notably the level of noise experienced within shared spaces. While most strata units have been designed to reduce noise leaks to and from outside spaces and neighbouring units, excessively loud noises can still come through – affecting neighbours.
So, what are the noise restrictions for strata properties, and how are they applied to situations where noise becomes a significant source of disruption?
Noise Restrictions for Strata Living
In South Australia, the Strata Titles Act, 1988 states that residents of a strata scheme:
- must not make, or allow his or her customers, clients or visitors to make undue noise in or about any Unit or the Common Property
- must not interfere, or allow his or her customers clients or visitors to interfere with others in the enjoyment of their rights in relation to Units or Common Property.
In Community Title, there is a set of by-laws with the aim of creating a harmonious and pleasant environment for all residents within the community.
For the case of noise restrictions, some community schemes indicate a period of quiet hours where noise levels should be kept to a minimum, as well as regulate activities that generate high noise levels such as renovation works.
e.g. a quiet period from 10 PM to 7 AM on weekdays and 10 PM to 8 AM on weekends, however, the exact period can vary based on the by-laws of the community or strata schemes. Any level of noise that may affect other residents is restricted during quiet hours.
Community schemes may also have by-laws that outline the acceptable noise limits outside quiet hours. There may be no exact limits on the decibel amount of noise — instead, noise limits could be defined by the nature of the noise and the extent to which it affects other residents. Any level of noise that disrupts the peaceful living of residents may be liable for enforcement actions such as a mandated ceasing of the event or activity causing the noise, or in more serious cases, the issuing of fines to the offending party.
Addressing Disruptive Noise in a Strata Scheme
If you are facing an issue of disruptive noise as a resident of a strata scheme, it is within your right to take action to prevent it from continuing. Here are the general steps to take to address a breach of strata noise restrictions:
- Approach the offending party to request a reduction in the level of noise.
Before taking any formal actions, you can politely inform the offending party that their noise levels are affecting you. It is possible that they may not even be aware that their level of noise is affecting others and may decide to comply with your request to stop the noisy activity to keep it to a minimum. If they do not keep the noise to an acceptable level, you can escalate the issue.
- Report the issue to strata management or the strata committee.
Bring up the issue of noise with the relevant strata manager or committee member and provide details of the noise, such as the date and time it affected you, as well as any evidence of recordings that can support your claim. Your strata manager or committee member will take the necessary actions on your behalf to issue a formal complaint to the resident or party to put a stop to the noise. In some cases, the strata or community corporation can issue a fine. Your strata manager will be able to guide you through this process.
- File a complaint with the courts.
In situations where the offending party continues to cause disruptive noise after being issued a formal complaint, the matter can be escalated to a hearing with the magistrates court.
How to Deal with a Noise Complaint
If you have received a complaint regarding the level of noise from other residents, it’s important to remember that as a resident of the strata scheme, you are required to comply with the articles or by-laws and keep your level of noise to an acceptable minimum.
Familiarise yourself with the specific noise restrictions stated in the strata articles or by-laws and adjust your activities to adhere to them to prevent further disputes that may lead to costly consequences.
In cases where noise is unavoidable, such as renovation works, it will be up to the strata management or committee to manage the situation and ensure that it is resolved in accordance with the strata’s noise regulations. This includes reviewing renovation plans to ensure that the resulting noise is kept within certain timeframes to minimise disruption, as well as informing neighbouring residents who may be affected by the noise about the scheduled works in advance.
A strata management team in Adelaide can work with residents to balance the need for necessary noise with the rights of residents to foster a peaceful living environment.
