Responding to noise complaints in a strata scheme

About strata disputes

All residents of a strata scheme have the obligation not to cause a nuisance to any other unit. All residents of strata schemes are bound by rules called by-laws. Different schemes have different by-laws, but usually contain by-laws about noise. There may also be by-laws about animals.

Your neighbour may have contacted the owners corporation or managing agent to complain if they feel you are breaking these rules.

What the owners corporation can do

The owners corporation may write to you give you a warning about noise. This is a good opportunity to try and resolve the problem before it goes any further. You can try talking to your neighbours or mediation. For more information, see Talking to your neighbours.

The owners corporation can issue a Notice to Comply with a By-Law. This is a notice to you:

• telling you  which by-law you have breached
  
• explaining how you have breached the by-law
  
• warning that if you continue to breach the by-law the owners corporation may apply to the NSW Civil and Administrative Tribunal (NCAT) for a financial penalty.
  

If the problem continues, the owners corporation can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order that you pay a fine.

If you get notice that your owners corporation is making an application to NCAT, you should get legal advice.

Mediation

You, the owners corporation or other unit owners can also make use of a specialised mediation service for strata residents. Fair Trading NSW, runs a free strata mediation service.  For more information on mediation see Applying for strata mediation on the Fair Trading NSW website.