Noisy Neighbours in a Body Corporate: Balancing Tolerance and Action

Noise

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Living in a body corporate generally means living in close proximity to others, so noise from neighbours is inevitable – but it doesn’t have to become a dispute.

Understanding what is acceptable, what constitutes a nuisance under Queensland legislation, and the steps you can take to address excessive noise will help maintain a respectful and peaceful community.

Why Noise Is a Common Issue

Under Queensland’s Body Corporate and Community Management Act 1997 (BCCM Act), owners and occupiers must not use their lot or the common property in a way that:

  • causes a nuisance or a hazard, or
  • interferes unreasonably with another person’s use or enjoyment of their lot or common property.

This also applies to guests or visitors.

Unreasonable noise, whether from music, parties, pets, or even renovations, can be a breach of these obligations and, in many cases, the scheme’s by-laws.

Most bodies corporate in Queensland have a default noise by-law recorded on their Community Management Statement (CMS).

Unless amended, it states: The occupier of a lot must not create noise likely to interfere with the peaceful enjoyment of a person lawfully on another lot or the common property.

Tolerance vs. Unacceptable Noise

Communal living naturally requires a higher level of tolerance than a detached home. Everyday sounds – footsteps, talking, children playing, or a washing machine running, are part of shared living. But repeated, excessive or late-night noise crosses the line into nuisance.

As a rule of thumb:

  • Normal living noise at reasonable hours like vacuuming or mowing mid-morning is generally acceptable.
  • Persistent or excessive noise, particularly outside permitted times, may be a breach of the by-laws or even local council regulations.

Queensland’s Environmental Protection Act 1994 and local council laws also restrict residential noise at certain times, for example, between 10pm and 7am on weekdays and 10pm and 8am on weekends (exact times can vary by council).

Steps to Take if Noise Becomes a Problem

Start with a polite approach. Many issues resolve quickly once a neighbour realises the impact their noise is having. Speak with them directly or leave a friendly, non-accusatory note explaining how the noise affects you. Focus on the impact like ‘I’m finding it hard to sleep’ rather than blame.

Check the by-laws. Review your body corporate’s CMS to confirm the noise by-law. If the noise appears to breach it, you can raise the matter with the committee or building manager if applicable.

Lodge a formal complaint. If informal resolution fails, write to your committee. They can investigate and, if necessary, issue a contravention notice or a future contravention notice if there’s a reasonable expectation of reoffending.

Escalate through official channels. If the contravention notice is ignored, you can apply to the Office of the Commissioner for Body Corporate and Community Management (OCBCCM) for conciliation or adjudication.

For very loud or after-hours disturbances (such as a party at 2am), you can also contact your local council or Queensland Police, who can issue on-the-spot fines or direction notices under noise nuisance laws.

Document the behaviour. Keep a log of dates, times and descriptions of the noise. This evidence is valuable if you need to show a repeated pattern of nuisance behaviour.

Living Harmoniously

Noise disputes are one of the most common complaints in Queensland’s strata communities, yet many can be prevented or resolved early with open communication and a bit of give-and-take. Remember:

  • Be mindful of your own noise, particularly during quiet hours.
  • Show tolerance for normal everyday living sounds.
  • Act promptly but politely if noise becomes unreasonable.

By balancing respect for others with clear communication, you can help create a better environment for everyone.

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