You and your neighbours are entitled to the reasonably peaceful enjoyment of your strata lot, 24 hours a day, seven days a week.
The law in most states puts limits on noisy machinery, music or the use of power tools – you don’t even have to put up with the noise from your neighbour’s air-con late at night.
Basically, the law on loud music is not after 10pm on nights before school days or 12 midnight on holidays and weekends. If your neighbours are partying beyond these hours, you can ask the police to attend and they can get instant fines, their sound system can be confiscated and they party evacuated, if need be.
You’ll find a handy guide to what is and isn’t permitted (and when) on this web page.
However, your own strata by-laws probably entitle you to the peaceful enjoyment of your lot all day and every day. They are in addition to the state noise laws but have to be obeyed if there is a complaint.
If there is a noise issue in your building and the Executive Committee won’t take action, you can do so yourself, whether you are and owner or a tenant in NSW, by going directly to Fair Trading (Tel. 13 32 20) to get this problem sorted. You can download an application form for mediation (mandatory before you can take any further action) HERE.
If mediation fails, you can then apply for dispute resolution and orders at the NSW Civil Administrative Tribunal (NCAT). You can download the form from HERE.
If that fails you can go to your district court and apply for a Noise Abatement Order – find out more about the situation in NSW HERE.
For free strata legal advice anywhere in NSW, qualified applicants can contact Marrickville Legal Centre.
In Victoria, go here for strata disputes and here for general noise restrictions.
For strata in Queensland it’s a little complicated: go here then click on “by-laws” in the ‘I want to find out about …’ box.
For local government noise restrictions, here are the relevant links for Brisbane and the Gold Coast.
For noise issues in South Australia, go HERE and for general strata disputes go HERE.
TENANTS can go HERE for advice from your local Tenants Union or equivalent service. There is also a page of links to various state bodies HERE.