› Flat Chat Strata Forum › Neighbour noise › Strata Garages have become ‘Mens Sheds’. › Current Page
Let’s get back to the issues and leave the personal stuff be.
There are legal restrictions on the use of power tools, basically from to 7am to 8pm on weekdays and before 8 am on Sundays (see below). However, these can be supplemented by by-laws restricting noise even further.
In any case, you will probably have a catch-all by-law in place that prevents residents from disrupting the peaceful enjoyment of other owners’ lots.
Also, if the garage is designated as such on the strata plan for which the development approval was based, it should not primarily be used for any other purpose other than parking a car.
Any or all of these issues could be the basis for action against the owners either through NCAT or the courts.
However, a better approach might be to invite these residents to identify a space on common property that they could convert into a shed (with secure lockers) where they and other residents can share equipment and do their male bonding without disturbing other owners.
Protection of the Environment Operations (Noise Control) Regulation 2008
50 Power tools and equipment
(1) A person must not cause or permit a power tool or swimming pool pump to be used on residential premises in such a manner that it emits noise that can be heard within a habitable room in any other residential premises (regardless of whether any door or window to that room is open):
(a) before 8 am or after 8 pm on any Sunday or public holiday, or
(b) before 7 am or after 8 pm on any other day.
Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
(2) A person is not guilty of an offence under this clause unless:
(a) the person has, within 7 days after causing or permitting a power tool or swimming pool pump to be used in such a manner, been warned by an authorised officer or enforcement officer not to cause or permit the tool or pump to be used in that manner, and
(b) the person causes or permits the tool or pump to be used in that manner within 28 days after the warning has been given.
(3) In this clause:
power tool means any of the following:
(a) a powered garden tool (that is, a tool powered by a petrol engine or an electric motor), including a lawn mower, a lawn trimmer, a blower or sweeper, a garden mulcher, an edge-cutter or a chipper or shredder,
(b) an electric power tool (including battery-operated power tools),
(c) a pneumatic power tool,
(d) a chainsaw,
(e) a circular saw,
(f) a gas or air compressor.
swimming pool pump includes a spa pump.