Living in a strata community in Western Australia can be a rewarding experience. You enjoy close community, shared amenities, and the convenience of apartment or unit living. However, communal living also requires cooperation and respect for each other’s space and rights . One of the most common challenges in strata living is managing noise. This article provides guidance for all residents (owners and tenants) on handling noise issues and maintaining a harmonious community, with references to the WA Strata Titles Act 1985 for noise, nuisance, and dispute resolution. We also emphasize the importance of understanding and respecting your scheme’s by-laws and house rules.
Understanding Strata By-Laws and House Rules
Strata By-Laws are the legally binding rules of the community that everyone must follow. In WA, the Strata Titles Act 1985 provides a standard set of by-laws (found in Schedules 1 and 2 of the Act) that cover things like noise, nuisance, parking, and use of common property . Many strata schemes also have additional by-laws registered for their specific needs. By-laws promote harmonious living – for example, excessive noise, littering, or parking that causes a nuisance are breaches of the by-laws . Because by-laws are registered at Landgate and form part of the Strata Titles Act framework, they are enforceable rules.
House Rules, on the other hand, are guidelines for community living that a strata complex might adopt in addition to formal by-laws. Not every scheme has house rules, but those that do use them to outline day-to-day expectations – for example, specifying times when tradespeople can work, where visitors may park, or pool hours . House rules assist with the smooth management of common property and encourage respectful behavior . Importantly, house rules are not enforceable by law unless they are formally registered as by-laws . They don’t require Landgate registration (making them easier to implement or change), but that also means you cannot take someone to the State Administrative Tribunal (SAT) over breaching a house rule alone . Despite not being legally binding, house rules should still be reasonable (not discriminatory or oppressive) and followed in good faith by residents to maintain harmony .
All residents should know your strata by-laws and any house rules. These rules exist to protect everyone’s right to peace and comfort in their homes. By-laws carry legal weight, and house rules fill in the finer details of courteous community living. If you don’t have a copy of your scheme’s by-laws or house rules, request them from your council or strata manager.
Noise in Strata – Rights and Responsibilities
Living in close proximity means noise is sometimes unavoidable – a bit of everyday living noise is normal. However, there is a clear line between normal noise and a noise nuisance. The WA Strata Titles Act’s standard by-laws explicitly address noise and nuisance. For example, the model conduct by-laws include provisions stating that an owner or occupier of a lot must not make undue noise in or about the lot or common property . Similarly, the Act’s Schedule 1 by-laws say a resident must not use their lot in a way that causes a nuisance to any other resident and must ensure their visitors do not interfere with others’ peaceful enjoyment of the property . In other words, you have the right to peaceful enjoyment of your home, and your neighbors have the same right.
What counts as “undue” noise or a “nuisance”? The law gives a broad guideline (noise that unreasonably disturbs others is not allowed ), but in practice it can be subjective . One person’s everyday living sounds might be another person’s disturbance. Generally, noise becomes a nuisance when it is excessive, prolonged, or occurs at unreasonable hourssuch that it interferes with others’ comfort. Examples can include :
- loud music late at night
- frequent shouting or arguments that carry through walls
- hammering or drilling outside of permitted hours
- a continuously barking dog.
The key is whether the noise would reasonably disrupt the average person’s peace. Minor noises from walking or children playing during the day might not be considered a breach (strata living isn’t a silent environment), but persistent or excessive noise is likely to violate the by-laws. WA strata by-laws even address specific noise issues. For instance, there is a standard by-law requiring proper floor coverings in apartments: floors (except wet areas like kitchens or bathrooms) must be covered or treated to prevent noise transmission that would disturb another resident’s peaceful enjoyment . This means if you have hard flooring, you may need rugs or acoustic underlay to muffle footsteps. Such rules show how important managing noise is in strata communities – the law anticipates issues and tries to prevent them.
Tenants and owners alike are bound by noise by-laws. Every resident (whether you own the lot or are renting) must not cause a nuisance or excessive noise. In fact, under WA law, owners are responsible for ensuring their tenants comply with the by-laws, and a breach of by-laws by a tenant can mean a breach of the lease . Tenants should also abide by any house rules provided to them, as these are the community norms. Even if house rules aren’t enforceable by SAT, they are often included as conditions in lease agreements or resident handbooks. Following them is part of being a respectful community member.
Being a Considerate Neighbor: Tips to Prevent Noise Problems
Everyone in a strata community can contribute to a quieter, more peaceful environment. Preventing noise issues is always better than dealing with complaints later. Here are some practical tips for residents to support harmonious living:
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Observe “Quiet Hours.” Many strata communities have recommended quiet hours (for example, 10 PM to 7 AM is a common quiet period to ensure restful nights ). During these times, keep voices, television, music, and other noise to a minimum. Even outside official quiet hours, be mindful of loud activities early in the morning or late at night. Remember that in an apartment building where about 90% of households are one or two people, things can get very quiet, so even moderate noise can travel and disturb others .
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Use Soft Furnishings to Dampen Sound. If your unit has hard floors, use rugs, carpets, or noise-reducing underlay to cut down on footstep noise. Place felt pads under chair legs to prevent loud scraping sounds. In multi-story buildings, this can significantly reduce the noise heard in units below you.
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Limit Loud Activities to Reasonable Times. Plan heavy DIY work (like hammering or drilling) or loud gatherings for daytime or early evening hours. Check your by-laws or house rules for any specific time restrictions on noisy activities – many strata schemes specify acceptable hours for things like renovations or moving furniture. Avoid running washing machines, vacuum cleaners, or other loud appliances late at night.
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Be Mindful of Noise in Common Areas. When you’re in hallways, stairwells, the lobby, or shared facilities, keep your noise down . Sound echoes in these areas and can disturb many residents. For example, don’t hold loud phone conversations right outside someone’s door, and ensure that gatherings in BBQ areas or common rooms end by the agreed time.
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Communicate and Cooperate. If you plan to have a gathering or celebration, consider letting your neighbors know in advance or even invite them. A brief note or a friendly heads-up can build goodwill and understanding. Likewise, keep an open channel of communication with neighbors – if someone mentions that a particular noise is bothering them, try to accommodate the request if possible (e.g. lower the volume or move the activity).
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Supervise Children and Pets. Families with children should encourage play activities that don’t involve constant screaming or running in echo-prone areas, especially during quiet hours. Similarly, pet owners should train dogs not to bark incessantly and ensure pets are controlled in common areas. Most strata pet policies and by-laws require that pets not cause a nuisance (which includes excessive noise) .
By following these tips and being considerate, residents can enjoy their homes without upsetting neighbors. Small efforts by each person add up to a big impact on reducing noise disturbances.
Handling Noise Complaints and Disputes
Despite everyone’s best efforts, you might still encounter a situation where noise becomes a problem – either you are being disturbed by a noisy neighbor, or someone complains about noise coming from your lot. A calm and clear process for addressing noise issues can resolve most conflicts and keep community relations positive. The Strata Titles Act 1985 lays out steps for dispute resolution, and it’s always best to start with the least formal approach and only escalate if necessary.
Communication is key. Often, the person causing noise may not realize it’s a problem. Before making it a formal issue, see if you can talk to your neighbor. Approach them politely, explain the situation, and try to find a friendly solution. As one strata expert notes, a friendly reminder or conversation is often enough to rectify the problem, since sometimes people are simply unaware they are disturbing others . For example, politely saying, “I wanted to let you know that the music last night was a bit loud and kept me up. Could we find a solution?” can go a long way. Always remain calm and avoid accusatory language. Most neighbors will appreciate the feedback if it’s given respectfully.
If direct communication doesn’t resolve the issue or you don’t feel comfortable approaching the neighbor, you should follow the strata’s formal complaint process:
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Document the Issue: Make a note of the dates, times, and nature of the noise disturbance. This record will be useful if the problem continues or needs escalation. It’s also helpful to check your scheme by-laws to confirm the noise is a breach (most likely it is, if it’s causing a real disturbance).
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Contact the Strata Council or Strata Manager: Report the noise problem to your Council of the Strata Company (the council of owners) or the strata manager. It’s best to put your complaint in writing (such as an email or letter) so there is a formal record. Cite the relevant by-law if you know it (for instance, the by-law against “undue noise” or causing a nuisance). Once a written complaint of a breach of by-laws is made, the Council of Owners is required to enforce the by-laws and address the issue . They should take steps like speaking to the offender, sending a written warning or breach notice, or reminding all residents of the noise rules.
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Allow Time for Resolution: After the strata council or manager intervenes, see if the situation improves. In many cases, a formal notice from management is enough to change the behavior. The person causing noise might respond by lowering volume, adding carpet, or otherwise fixing the issue once they realize the strata is involved.
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Escalate if Necessary: If the noise problem persists despite reminders or breach notices, or if the strata council fails to act on your complaint, the next step is to seek outside resolution. In Western Australia, serious strata disputes can be taken to the State Administrative Tribunal (SAT). You (as the affected resident) or the strata company can apply to SAT to enforce the by-laws. The law now requires that before going to SAT, the person causing the noise should have been given a proper written notice of the breach and a chance to comply . Assuming that’s been done, SAT can hear the case and issue orders. Importantly, if you as an owner or occupier lodge legitimate complaints that are not resolved, you have the right to take the strata company to SAT for failure to enforce the by-laws . SAT acts as an umpire and can order someone to stop making noise or even impose penalties for by-law breaches. Resorting to SAT is usually the last step – in many communities it’s rarely needed if earlier steps are handled properly.
Throughout the process, remain patient and keep communication civil. Strata disputes can take time to resolve, but a cooperative approach can prevent them from escalating. It’s also worth noting that some noise issues might fall under local council or police jurisdiction (for example, extremely loud parties after midnight can violate local noise control regulations). Your strata manager may advise contacting the local council’s environmental health officer or the police in those cases. However, for ongoing neighbor-to-neighbor noise issues within a strata, the strata council and SAT are the primary avenues for resolution.
FAQ: Common Questions on Noise and Strata Living
Q: What counts as a “noise nuisance” in strata?
A: Generally, a noise nuisance is any noise that unreasonably interferes with another resident’s peaceful enjoyment of their lot. The WA Strata Titles Act default by-laws forbid causing a “nuisance” or interfering with others’ comfort . Examples include loud music, parties or yelling at late hours, continual heavy footsteps or dragging furniture in an upper floor, or pets that constantly make noise. Ordinary living noises (walking, occasional kids playing, etc.) are usually not a nuisance unless they are excessive or ongoing. There is a subjective element – what is tolerable to one person might annoy another – so strata communities try to use reasonable standards (like quiet hours and acceptable noise levels). If multiple residents find the noise excessive, or if it clearly breaches a by-law (e.g. noise curfews), it likely qualifies as a nuisance that needs addressing.
Q: What can I do if my neighbour is too loud?
A: First, stay calm and polite. If you feel comfortable, approach your neighbor and let them know the specific issue. They may not realize they’re disturbing you. If that doesn’t help or the loud noise continues, the next step is to lodge a complaint with your Council of the Strata Company or strata manager. Do this in writing, detailing the problem. The strata council is obligated to enforce the noise by-laws once a written breach complaint is made . They will likely warn the neighbor or issue a breach notice requiring the noise to stop. Give this process a bit of time. If there is still no improvement, you (or the strata company) can apply to the State Administrative Tribunal to resolve the matter . SAT can make enforceable orders to stop the noise. Throughout, keep records of the disturbances. Also, if it’s an acute situation (like a late-night outrageous party), you can consider calling the police or local council, but for persistent strata issues, use the strata channels and SAT.
Q: Do tenants have to follow house rules?
A: Yes. Tenants living in a strata community are generally expected to follow the same by-laws and house rules as owners. By-laws apply to “owners, occupiers, or residents” – which includes tenants – and must be followed by all . In fact, WA law makes it clear that owners must ensure their tenants comply, and most lease agreements stipulate that the tenant must obey the strata by-laws . So if a tenant breaks a noise by-law, for example, they are not only upsetting the community but also breaching their lease terms. As for house rules, while these might not be formally enforceable in the way by-laws are, tenants should still follow them. House rules represent the agreed standards of behavior in the community (such as pool hours or gym etiquette). Often, owners or property managers will provide tenants with a copy of any house rules at move-in. Even though a tenant might not be fined for breaking a house rule alone, failing to follow them can lead to conflicts and potentially a breach of by-laws or lease. So, tenants are strongly advised to adhere to both the by-laws and any house rules to be good neighbors and avoid issues. In short, being a tenant doesn’t exempt anyone from community rules; everyone shares responsibility for harmonious living.
Q: Who do I report noise complaints to?
A: For ongoing noise problems, report the issue to your strata manager or the Council of Owners. They handle by-law breaches like noise complaints. Provide as much detail as possible (who, when, what noise) so they can act on it. The council/strata company should then take steps under the Strata Titles Act to address the complaint – this could mean contacting the noisy resident, issuing a notice to comply with the by-laws, etc. If your strata has a building manager or concierge, you can also inform them, but ultimately the strata council/manager will lead the resolution. If the noise issue is severe and urgent (e.g. late-night party), and you can’t reach strata management, you might choose to call the police or local council rangers who enforce general noise regulations. However, those authorities might only offer a temporary solution. For a strata-specific resolution, stick with the strata council and escalate to the State Administrative Tribunal if needed . SAT is basically the “last resort” if internal strata measures fail – you would report (via an application) to SAT to have them adjudicate the noise dispute. Remember, though, that you should give your strata council a chance to fix the issue first. They are required to try and resolve valid complaints . Only if they do nothing, or the problem persists, do you involve SAT or outside authorities.
