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I would like to put an item on the agenda at our AGM next month to amend a by-law about times allowed for building noise in our Sydney apartment block of 36.
Our local council allows 7 to 6, Monday to Friday; 8 to 1 on a Saturday; not at all on a Sunday or a public holiday.
Our building currently allows 8 to 5:30 Monday to Saturday; 10 to 3 on a Sunday and doesn’t mention public holidays at all so they treated as a weekday.
I think we, in apartments not freestanding houses, need more protection from building noise. I want to propose 8 to 5:30 Monday to Friday; 8 to 1 on a Saturday; and not at all on Sundays and public holidays.
Is that reasonable, please?
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This is exactly what by-laws are for – setting limits that are acceptable to the vast majority of owners.
My building limits building work to 7.30 am Monday to Friday (except public holidays) and not at all at weekends.
That pretty much stops hobby renovators in their tracks as it confines working time to basically the same hours operated by professional builders.
Why would you do that?
1. you don’t want amateurs or unlicensed builders messing around with your building’s water pipes, electricity, and other common property.
2. Weekends are when most people are at home relaxing – you don’t want yours to be shattered by noise from building works
3. Professionals get in and get jobs done as quickly as possibly becasue time is money. Hobby renovators will never be finished. Weekend after weekend of hammering, sawing and drilling because some numpty has seen a bathroom on The Block and wants to have a go him or herself? I don’t think so.
Do yourself a favour and get the numbers lined up to get this through your next general meeting.
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.
Costa – we had similar issues in our Plan, but due to ongoing legislative changes/additions, improved technologies, different acoustic and other materials, diverse residency profiles, and my opinion that Owners Corporations therefore need to avoid locking themselves into inflexible requirements enshrined in a special by-law, in this instance for the permitted hours of work related to impacts on residents / neighbours’ amenity, we drafted and Registered the following (extract) in 2009:
“Hours of work are subject to the requirements of any Government Department or Statutory Authority which takes precedence, and in the absence of the prior written consent to less stringent arrangements by nearby residents including at least those adjoining the Lot [a copy of which must be provided to the Owners Corporation (Secretary)], the works may only be undertaken between the hours of 0800hrs-1600hrs (i.e. 8 hours) Mondays to Fridays, between the hours of 0900-1500hrs (i.e. 6 hours) on Saturdays, and due to the acoustic peculiarities of the Plan in the context of the amenity and peaceful enjoyment needs of all its Residents, no impacting mechanical, pneumatic, rotary, or grinding tools and/or equipment such as but not limited to jackhammers, breakers, sanders, grinders, concrete cutters, tile saws, and percussion drills may be used except during the hours of 1000hrs-1400hrs (i.e. 4 hours) Mondays to Fridays. No work whatsoever is permitted on Sundays or on Public Holidays
Notwithstanding the above, works must not create any noise that causes discomfort or disturbance to, or any interference with the domestic activities of any resident of the Plan, behaving reasonably, where the Secretary of the Executive Committee of the Owners Corporation will mediate any disputes and where their decision will be binding upon the parties in dispute unless another decision is made under a superior law.”
By all means consult more broadly so that your Owners Corportion can as Jimmy said “get the numbers up” to then make its own decisions, but the above may help (and as I drafted it, there’s no copyright
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