3.1 The Strata Schemes Management Act (1996) NSW | Owners Corporation Network

3.1 The Strata Schemes Management Act (1996) NSW

The first layer of protection comes from the relevant Act in your state. In NSW Section 117 of the Strata Schemes Management Act (1996) specifies some guiding principles that can be applied to unwanted noise. 

Relevant NSW Legislation: Strata Schemes Management Act (1996)

117 Owners, occupiers and other persons not to create nuisance

(1) An owner, mortgagee or covenant chargee in possession (whether in person or not), lessee or occupier of a lot must not:

(a) use or enjoy the lot, or permit the lot to be used or enjoyed, in such a manner or for such a purpose as to cause a nuisance or hazard to the occupier of any other lot (whether that person is an owner or not), or

(b) use or enjoy the common property in such a manner or for such a purpose as to interfere unreasonably with the use or enjoyment of the common property by the occupier of any other lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the common property, or

(c) use or enjoy the common property in such a manner or for such a purpose as to interfere unreasonably with the use or enjoyment of any other lot by the occupier of the lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the lot.

 

The legal definition of ‘nuisance’ is very different from the everyday meaning. For a noise to be construed as a nuisance’ it needs to be:

  • frequent or persistent
  • something a reasonable person with no particular sensitivity would be affected by.
  • out of context or unanticipated (e.g. neighbours walking past your front door talking loudly may not count – even though it may be loud and intrusive)
  • documented with substantial evidence of some sort