Understanding Noise restrictions nsw:
a full guide
Noise is one of the most common complaints in strata living, and managing noise can sometimes feel like walking a fine line between personal freedom and the peace and comfort of your neighbours. In New South Wales (NSW), the regulations surrounding noise in strata schemes are designed to strike a balance between individual enjoyment of property and the rights of others to live in a quiet, peaceful environment.
As a strata owner or resident, it’s essential to understand the legal boundaries and practical guidelines for managing noise. Here’s everything you need to know about noise restrictions in strata schemes in NSW.
A Level Above
What is Considered "Excessive Noise"?
Under the Strata Schemes Management Act 2015, excessive noise refers to any sound that disrupts or disturbs the peace, comfort, or convenience of others. This includes:
- Loud music, parties, or other gatherings
- Noise from appliances or equipment that vibrate or create sound disturbances
- Pets making continuous or excessive noise (e.g., barking dogs)
- Construction or renovation work during inappropriate hours
It’s important to remember that noise levels that may be acceptable during the day can be disturbing in the evenings, particularly in multi-residential buildings where sound travels easily.
When Can Noise Be a Problem?
The by-laws, DA consent conditions and the Protection of the Operations (Noise Control) Regulation 2008 sets out the hours within which certain noisy activities such as the use of domestic air conditioners should not be audible inside any neighbouring residence.While the definition of excessive noise is somewhat subjective, noise generally becomes a problem when it:
- Occurs at unreasonable hours, particularly late at night or early in the morning (for example, after 10:00 PM or before 7:00 AM).
- Is continuous, persistent, or in breach of a strata bylaw.
- Causes harm or disruption to the enjoyment of common areas or individual units.
It’s always advisable to keep noise levels considerate during peak rest hours. Noise-related issues often arise with:
- Social gatherings
- Renovations or construction work
- Pets, such as dogs barking excessively
- Loud appliances like washing machines or vacuum cleaners
Strata By-Laws on Noise
- Strata schemes often have specific by-laws to deal with noise-related issues. These by-laws are legally binding and must be adhered to by all residents. Common rules include:
- Quiet hours: Typically, noise should be kept to a minimum between 10:00 PM and 7:00 AM.
- Restrictions on certain activities: Activities like using power tools or heavy machinery may be restricted to certain hours, typically during weekdays and business hours.
- Pets: Some strata schemes may have additional rules about noise caused by pets, including barking or other disruptive behaviour.
- Strata schemes often have specific by-laws to deal with noise-related issues. These by-laws are legally binding and must be adhered to by all residents. Common rules include:
It is essential for strata owners and residents to be aware of their specific scheme’s by-laws, as these may vary from one building to another.
If your strata by-law neglects to mention specific issues around noise, our team of strata managers can assist with reviewing and coordinating the updating your by-laws.
A well written noise by-law can go much further than the model by-law and provide residents with guidelines and time restrictions for when they can and can’t make noise. It also lets neighbours know their rights if they feel the need to make a noise complaint.
How to Resolve Noise Disputes in Strata
If you’re experiencing noise issues or if you’re being accused of making excessive noise, there are steps you can take to resolve the situation:
- Communicate directly: The best approach is to speak with the person or people responsible for the noise first. Often, a friendly conversation can resolve the issue without the need for formal action.
- Keep a record: Document when the noise occurred, its duration, and how it affected you. If the issue continues, having detailed records will be helpful for any formal complaints.
- Notify your strata manager and/or committee: If direct communication doesn’t work, report the issue to your strata management team or committee. They will review the situation and, if necessary, enforce the by-laws.
- Notify your local police for an urgent complaint: If you have an urgent noise complaint, you can contact the police. For example, if a neighbour is hosting a loud party, a car or house alarm is going off, or there’s excessive noise from a vehicle on private property, the police can intervene. They may issue a warning or a noise abatement direction, which requires the person to stop or limit the noise. This direction is valid for 28 days and applies if the noise occurred within the last seven days. If the noise continues, the person may face a fine for breaching the direction.
- Notify your local Council: Different councils may deal with noise complaints differently. To find out about your Local Council’s complaints process, see Find your Local Council on the NSW Office of Local Government website. They may: ask you to complete a complaint form, ask you to complete a log or diary listing the times and dates, duration and type of noise ask you to write a letter or send an email. You should set out clearly what you are complaining about. Some councils may suggest you try mediation at a Community Justice Centre before they will take any further action.
- Mediation or tribunal: If the problem persists you can ask the owners corporation to issue a notice to comply with a by-law and then seek a fine through the NSW Civil and Administrative Tribunal (NCAT) if they do not comply with the terms of the notice.
Penalties for Breaching Noise Restrictions
Failure to adhere to noise by-laws can result in penalties. Strata owners may be issued fines or be required to pay for any damages or disruptions caused by their noise. In some cases, particularly if the noise is persistent or severe, the strata committee may seek a formal order from the NCAT.
Best Practices for Minimising Noise in Strata Living
Living in a strata scheme means you share walls, floors, and ceilings with others, so it’s important to take extra care with noise. Here are some tips to minimise noise and maintain good relations with your neighbours:
- Use carpets or rugs: To absorb sound, especially in areas like living rooms or hallways.
- Be mindful of noise when moving or setting up new furniture: Use felt pads or rubber casters to prevent furniture from scraping and creating loud noises.
- Limit noise during quiet hours: Avoid playing loud music, hosting large gatherings, or using noisy appliances late at night.
Consider noise-proofing: In some cases, simple fixes like sealing gaps around doors and windows, or using soundproofing materials in shared walls, can make a big difference.
At Strata Sense we’re here to Support our Communities
In strata communities, noise control is essential for ensuring everyone’s peace of mind. Strata committees and their managers are crucial in enforcing noise regulations, ensuring compliance with noise rules, and managing noise complaints.
At Strata Sense, we’re here to support strata committees by:
- Enforcing Noise Rules: We work with affected owners to ensure owners, occupiers and their inviteesfollow the rules. Whether monitoring noise levels or taking action against noise violations, we’ve got it covered.
- Represent the the Owners Corporation: In areas with retail or recreational establishments, such as live music venues, we can work with these operators or the local council to ensure their approved operating hours consider the need for residential owners to enjoy a quiet and peaceful environment.
- Handling Noise Complaints: Our experienced team manages noise complaints, mediating between residents and working with bodies like the NSW EPA and NSW Police to assist resolve issues.
- Mediating Noise: Got noisy neighbours? We step in to resolve disputes, using education and by remaining an independent party help resolve and maintain harmony.
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Navigating noise restrictions NSW can be challenging, but with StrataSense, your community can stay compliant and maintain a peaceful environment. From managing noise complaints to monitoring sound levels and resolving disputes, our expert team of strata professionals is here to help.
For more information on managing noise restrictions, tackling disruptive noise, or addressing noise complaints, contact StrataSense today. We’re proud to serve the Sydney and Newcastle regions, ensuring your living spaces remain harmonious and in line with NSW’s noise regulations.