By Jason O’Meara & Eva Popielewska
Living in a strata scheme often means being in close proximity to your neighbours. A key part of communal living is managing noise, both the noise you make and noise made by others. A balance must be struck between noise associated with everyday living and excessive noise which prevents other lot owners and occupiers of a strata scheme from enjoying quite use and enjoyment of their lot.
Most strata schemes have a by-law which governs noise. For example, Conduct By-law 12(b) under the Strata Titles Act 1985 (WA) outlines the responsibilities of lot owners and occupiers in relation to noise as follows:
12. Additional duties of owners and occupiers
An owner or occupier of a lot must not —
…
(b) make undue noise in or about the lot or common property; or …
What is Undue Noise?
The State Administrative Tribunal has previously held in the 2011 decision of Fraser v The Owners of Morgan Mews, Strata Plan 45385 (Fraser) that routine daily activities such as doors opening and closing, vehicle movements, and regular family gatherings fell below the threshold of “undue noise”.
The Tribunal, in 2024 in Gough v McCaskie (Gough) (following the Fraser decision), also considered the following factors in determining whether noise is undue:
- “the volume of the noise;
- the intensity or duration of the noise;
- the time of the noise;
- the places where the noise is emitted and received; and
- any other circumstances in which the noise is emitted…”
In Gough, the applicant was disturbed by the noise of the respondent’s vehicle starting in the morning. The applicant alleged that the noise, which occurred before 7am on weekdays, disturbed her sleep, forcing her to sleep in the lounge room.
The respondent made efforts to address the complaint, including replacing her car’s muffler and offering to occasionally park elsewhere. However, the applicant sought orders that the respondent stop parking in her carport entirely, claiming that the noise still disturbed her despite the respondent’s efforts.
Balancing Rights
The applicant in Gough presented acoustic evidence that found recorded noise levels inside the applicant’s unit exceeded the assigned levels under the Environmental Protection (Noise) Regulations 1997 (WA). However, the Tribunal noted that the issue at hand related to the Strata Titles Act 1985 (WA), where “undue noise” is not defined or limited to decibel levels.
The Tribunal found that the noise was not undue in the context of daily activities like starting a car in one’s own carport. The Tribunal balanced the applicant’s preference for quiet with the respondent’s reasonable need to use her car, finding that starting the car did not violate By-law 12.
What Can You Do About Noise?
If you’re dealing with excessive noise in your strata scheme, here are some options:
- Speak to Your Neighbour: Often noise issues can be resolved through simple communication. Your neighbour may not be aware that their actions are disruptive.
- Consult the Council of the Strata Company or your Strata Manager: The council of the strata company or the strata manager may be able to assist you with enforcing the scheme by-laws.
- Noise By-laws: Consider proposing a stricter noise by-law to the strata company.
- Legal Advice: Seek legal advice regarding issuing a breach notice to the lot owner or commencing State Administrative Tribunal proceedings.
In a strata scheme, everyone must balance their rights to enjoy their lot with the need to avoid causing undue disruption to others. If you believe your neighbour’s noise is excessive, it’s important to follow the right steps to resolve the matter.
Understanding the legal definitions and cases such as Fraser and Gough can help guide you in dealing with noise complaints effectively.
For legal assistance in managing disputes within your strata scheme, please contact Eva Popielewska on (08) 9422 8912.
Disclaimer: This document contains a summary of relevant information or an opinion which is current at the date of publication. This document is not intended to constitute legal advice and does not take into account individual facts and circumstances. The reader must not rely on this document as advice.
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