Ambiguity of noise restrictions.

There’s actually nothing ambiguous about the by-laws.  They operate over and above the standard council rules, rather than instead of.  In short, your neighbour can’t make a noise that disrupts the peaceful enjoyment of a lot (if you have that by-law) at any time, night or day. That’s why there’s no time stipulated – it apples 24/7.

The difference with the council by-laws is that you can get the authorities involved as well as the Owners Corp,  if the noise goes past the statutory hours.

Now that polite discussion has failed, you could try applying to your District Court for a noise abatement order. Or you could even threaten action at the Supreme Court, although you would have to have a case for damages for them to even take an interest.

In fact, a call to a strata lawyer might be well worthwhile.  A lawyer’s letter explaining owners’ responsibilities under the Act often has more effect that a knock on the door.

But really, this is an EC issue and you should ask them why they are even on the committee if they aren’t interested in upholding the by-laws.

Apart from that, your only recourse is an application directly to Fair Trading for a Notice To Comply which comes with the threat of a fine attached if he continues to ignore this. Because by-law enforcement isn’t compulsory in NSW, individual owners and tenants can take cases to Fair Trading themselves.

You’ll find the necessary forms here. Try to get a couple of neighbours to support you to both share the cost and bolster your case.

@JimmyT said:
 In short, your neighbour can’t make a noise that disrupts the peaceful enjoyment of a lot (if you have that by-law) at any time, night or day. That’s why there’s no time stipulated – it apples 24/7.

I’ve seen this advice given here often, and it seems remarkably unhelpful. It is totally unrealistic that strata occupants can NEVER make noise in their apartments if there is a valid reason (eg. renovations). If it makes no difference when the work occurs as you are indicating, does that mean the OP should also complain even if the work was occurring at 2pm on a workday? Where do we make allowances for give and take and acceptance of short term inconveniences, and the realities of modern day living?  

@JimmyT said:

@JimmyT said:
 

If you could just get off your high horse for a minute, who said you could NEVER make any noise EVER?  Who said there would be no give and take?  Who said you’d be pulled up for making any noise at 2pm?

You can find reams of material on this Forum about reaching compromises with your neighbours.  But buildings have to have these basic rules to suit their circumstances before they reach compromises otherwise people would just do what they wanted.

The problem is when you get some numpty moving into a building and bleating about their “rights” to have their hobby renovations going on all evening and all weekend when everyone else is trying to relax. Apartments are not houses.  If you want the same freedoms as you have in a house, the answer is simple – go and live in one.  You can’t import quarter-acre values to apartments.  It’s like buying a car and complaining it doesn’t float as well as a boat.

Often these DIY renos go on forever because the renovator either doesn’t have the money or doesn’t know what they are doing or both,  which means that many of them are far from a “short-term inconvenience”.

You’re right about give and take – only for some people it means everyone else gives and they take.  My building is far from perfect but if you want to do renovations you have to have a proper schedule and that includes limited periods during which noisy work must be done – negotiated with the building manager and notified to other owners  – and if you can’t get it done in that time, that’s your problem. You’d be amazed how many tradesmen can suddenly fit all their hammer drilling (for instance) into a short period when they’re told the alternative is that they won’t get the contract.

Of course there will be noise and dust during the day, but you can’t expect to improve the value of your home at everyone else’s expense simply because you’d rather not pay for professionals to do the job quickly and efficiently.

DIY renovations may occasionally be a valid reason for breaking noise rules – but when they impact on too many people too often and for too long, they are simply selfish and self-indulgent.

Hope that was sufficiently helpful.

OP means Original Poster. 

Otherwise Jimmy and FlatChatFan are right, if you live in an apartment building you need to take that into account when you are planning to do something that may cause a racket.  The key consideration is reasonableness, i.e. what is reasonable – and that is something that needs to be considered by both parties.  Provided someone plans a renovation properly, gives notice to all the residents and keeps any noise between certain hours, it would be unreasonable for the residents to prevent those renovations occurring.

In this case I would be asking if the downstairs neighbour has sought approval for his renovations, if he hasn’t then you may be able to stop him, depending on what he is doing.  It is a standard condition of OC approval of renovations that work only be carried out on certain days between certain hours. 

Or….he does….and doesn’t care!

CBF