We get it. It’s 9:55 pm on a Thursday, and the one person in the block who doesn’t have kids has decided to have a couple of Friday-eve drinks and sing off-key to Hootie and the Blowfish whilst proclaiming they ‘love ‘old’ music’!
They’re usually done singing by 10:30, and everything is back to normal. But what can you do when noise levels are beyond what is reasonable for living in close proximity?
Under section 153 of the Strata Schemes Management Act 2015 (“SSMA”), both lot owners and occupants are obliged to refrain from causing nuisances or hazards that disrupt the peaceful occupation of any other lot. To ensure these standards are upheld, standard by-laws typically include provisions prohibiting the creation of nuisances.
But what constitutes a nuisance?
In their review of the case O’Riordan v Chu [2023] NSWCATCD 61, Bannermans Lawyers delved into the depths of noise nuisance and found some valuable insights for anyone who is looking to pursue a case against another lot owner for excessive noise, or is facing one against themselves.
