Noisy Neighbours in a Body Corporate: What Residents Can Do
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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.
What does the law say about noise in a body corporate?
Under section 167 of the Body Corporate and Community Management Act 1997, an occupier must not use, or permit someone else to use, their lot or the common property in a way that causes a nuisance or hazard, or unreasonably interferes with another person’s use or enjoyment of a lot or common property.
This does not mean residents are entitled to complete silence. Everyday sounds such as footsteps, conversations, children playing or household appliances can be part of living in a shared environment.
However, noise may become unreasonable when its volume, duration, frequency, timing or impact substantially interferes with another resident’s use or enjoyment of their property. Whether noise crosses that line will depend on the circumstances.
Tolerance vs. Unacceptable Noise
Living in a body corporate requires a reasonable level of tolerance. Hearing neighbours from time to time does not necessarily mean the noise is unreasonable or that a by-law has been breached.
There is no single test for determining when noise becomes unreasonable. The circumstances need to be considered as a whole, including:
- how loud the noise is
- how often it occurs
- how long it continues
- the time of day or night
- where the noise is coming from
- how it affects neighbouring residents.
For example, occasional footsteps, conversations or household noise may be part of everyday shared living. Persistent loud music late at night, repeated disruptive behaviour or excessive noise over an extended period may be more likely to warrant further action.
The key question is not simply whether the noise can be heard, but whether it is causing a nuisance or unreasonably interfering with another resident’s use or enjoyment of their property.
Steps to Take if Noise Becomes a Problem
Start with a polite approach. Many issues can be resolved once a neighbour understands the impact their noise is having. If it is safe and appropriate, speak with them directly or leave a friendly, non-accusatory note explaining the problem. Focus on the impact of the noise rather than placing blame.
Keep a record. If the noise continues, record the dates, times, duration and type of noise, along with how it is affecting you. Keep copies of any relevant correspondence and details of reports made to the police, council or other authorities. A clear record can help establish whether there is an ongoing pattern of unreasonable noise.
Check the by-laws. Review your body corporate’s current Community Management Statement (CMS) to confirm whether the scheme has a by-law dealing with noise. Even if there is no specific noise by-law, section 167 of the Body Corporate and Community Management Act 1997 still applies to nuisance and unreasonable interference.
Raise the issue formally. If you have tried to resolve the problem and believe a by-law is being breached, you can ask the body corporate to take action. An owner or occupier can do this by submitting BCCM Form 1 – Notice to body corporate of a by-law contravention. The committee then considers the complaint and whether the requirements for issuing a contravention notice have been met.
If the problem continues, further dispute resolution is available through the Office of the Commissioner for Body Corporate and Community Management. Conciliation is generally the first formal step after self-resolution has been attempted. If the dispute is not resolved through conciliation, an application for adjudication can then be considered.
Living Harmoniously
Noise disputes can often be prevented or resolved early with open communication and a little give-and-take. Remember:
- Be mindful of the noise you create and how it could affect neighbouring residents.
- Show tolerance for normal everyday living sounds.
- Address ongoing or unreasonable noise promptly and respectfully.
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