Answer by Neha Sharma, Hillsdale 2036 Sydney

• You should first look at your scheme’s by-laws.
• Usually limitations on noise are specifically listed and all residents are required to comply with these restrictions.
• The by-law is commonly drafted along the following terms: “An owner or occupier must not make noise at any time within their lot or on common property that is likely to disturb the peaceful enjoyment of another resident or anyone using the common property.”
• There may also be time restrictions when noise should not be heard in a habitable room in a neighbour’s residence.
• A habitable room is any room other than:
  • storage;
  • garage;
  • laundry;
  • toilet; or
  • pantry.
• Time restrictions are commonly:
  • before 8am and after midnight on any Friday, Saturday or the day immediately before a public holiday; and
  • before 8am and after 10pm on any other day.
• You should try to communicate with your neighbour regarding the excessive noise issue.
• If they are not willing to cooperate you can complain to your strata manager or the executive committee. They may issue a ‘Notice to comply with a by-law’ to the offending resident.
• Repeated infringement can lead to pecuniary penalties (fines) and destroy the harmonious relationship necessary in community living.
• If your neighbour continues to violate the noise by-laws you may need to initiate the formal dispute resolution process beginning with mediation.
• If mediation fails you might need to seek a noise abatement order.
• The police generally deal with one-off urgent occurrences such as a late night party.
• The local council may issue noise control notices prevention notices if the noise is a continuing problem.
• If all else fails you can apply for a noise abatement order pursuant to the Protection of the Environment Operations Act 1997 (NSW). You may wish to seek legal advice before taking this step as it could result in a costs order against you if you lose.