- This topic has 4 replies, 5 voices, and was last updated 11 years, 1 month ago by .
-
Topic
-
Should we suck it up or shut it down – that’s the puzzle facing many apartment residents who are unsure if they have the right to ask their neighbours to be quieter.
And to complicate matters, what if the noise problem is caused or worsened by poor building standards?
“I am living in a relatively new building and we are going through the defects process,” says StrataLearner on the Flat Chat Forum. “What would be considered as normal noise in such a building?
“People are complaining of music coming through the double brick walls into their apartment; people talking in the lobby outside; furniture being moved on the tiled terrace area and other noises such as hammering, slamming of sliding doors, children running and playing on the terrace area.
“Some of these would be expected but others may be because of incomplete or shoddy workmanship. Can anyone enlighten me?”
There are two aspects to noise in strata blocks – structural and behavioural. And even though the Building Standards for construction of apartments can seem inadequate, they are usually sufficient if everyone remembers they have neighbours above, below and to the side.
That means turning the bass down on the surround sound, leaving carpet on the floors (or using absolute top notch insulation under timber) telling your kids to save their running for the park and not extending your dinner party into the lift lobby when you say goodbye.
You also have to remember that some people are much more sensitive to noise than others so the right to “peaceful enjoyment of your lot”, enshrined in strata law, is highly subjective.
However, there may be defective structural elements involved and the only way you can determine this is by getting in an acoustic consultant. Even then you’ll have trouble arguing that inadequate sound insulation is a defect if the building is demonstrably compliant with building standards.
However, if it isn’t up to code, or if you were promised a level of sound insulation that wasn’t delivered, you may have a case for a defects claim.
You can read StrataLearner’s post in full – and reader responses – HERE on the Forum.The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
- You must be logged in to reply to this topic.