Living in a Strata Block in NSW? Your Burning Questions Answered
Barking dogs, noisy parties, renting out your apartment as an Airbnb: a strata expert reveals what's okay and what's not
There a lots of advantages to living in an apartment – you’re usually in close proximity to great shops and restaurants, and you never have to worry about cleaning the pool or mowing the lawn. But at times, sharing communal space with others can bring its challenges. So what are the rules around things such as noisy neighbours and late-night parties? And is it okay to make a little extra on the side by renting out your apartment as short-term accommodation?
Strata expert Emily Doherty, vice president of the SCA (Strata Community Association) NSW, reveals all for those who live in NSW. And if you live in Victoria, you can read the second story in this two-part series, which takes a look at Victorian strata laws, here.
Strata expert Emily Doherty, vice president of the SCA (Strata Community Association) NSW, reveals all for those who live in NSW. And if you live in Victoria, you can read the second story in this two-part series, which takes a look at Victorian strata laws, here.
What’s the best course of action to take with a noisy neighbour?
The first step is to always talk to your noisy neighbour. Usually people aren’t even aware that what they’re doing is affecting you because they don’t see it from the other side.
So either pop a polite note under their door or in their letterbox, or try to initiate a conversation to mediate things on your own, without involving any other parties.
The first step is to always talk to your noisy neighbour. Usually people aren’t even aware that what they’re doing is affecting you because they don’t see it from the other side.
So either pop a polite note under their door or in their letterbox, or try to initiate a conversation to mediate things on your own, without involving any other parties.
If that doesn’t work or you don’t feel comfortable doing that, then we would suggest reaching out to your strata manager or your strata committee. It’s also helpful to go through them in order to find out if any other apartments have complained about the noise.
The last port of call would be to have the strata committee make an application to the tribunal if things can’t be resolved in any other way.
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The last port of call would be to have the strata committee make an application to the tribunal if things can’t be resolved in any other way.
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Are there different rules for different types of noise?
The first rule of thumb is to always check your building’s by-laws, which you can find in your tenancy agreement, or by asking your strata manager or checking your building’s noticeboard.
All buildings will have a unique set of by-laws, which determine different levels of acceptable noise in different areas, and which types of noise can be made. Every building is different, so it’s important to see what’s been written specifically for your building.
The first rule of thumb is to always check your building’s by-laws, which you can find in your tenancy agreement, or by asking your strata manager or checking your building’s noticeboard.
All buildings will have a unique set of by-laws, which determine different levels of acceptable noise in different areas, and which types of noise can be made. Every building is different, so it’s important to see what’s been written specifically for your building.
With a late-night party, you’re not only dealing with a by-law, but you’re also dealing with council restrictions for the area around what time noise can be made. In some cases, you do also have the power to involve the police.
Squeaky floorboards are more of an issue relating to the Building Code of Australia, which has a minimum standard of noise for floors that most apartments should adhere to. If the acoustic level is above the level it should be, the floor should be changed.
Babies crying can be quite difficult to resolve because it’s a natural noise that you can’t really contain. In that instance, we would suggest trying to resolve it with the neighbour. Both parties might be able to put things in place to mitigate the sound, such as flooring or acoustic coverings that can help lessen the noise transfer.
What are the rules around barking dogs?
The rules around barking dogs are simply that pets should not be causing a disruption or a nuisance to somebody else in the apartment building.
NSW has recently seen some changes to its legislation around keeping pets. Previously, blanket by-laws meant pets could be restricted altogether. New rules mean by-laws can’t be considered harsh, oppressive or unreasonable. This means you can’t make sweeping judgments on animals.
For instance, you can’t say, ‘we’re not going to have any Jack Russells in this apartment block because they bark too much’. You have to take every pet on a case-by-case basis.
The rules around barking dogs are simply that pets should not be causing a disruption or a nuisance to somebody else in the apartment building.
NSW has recently seen some changes to its legislation around keeping pets. Previously, blanket by-laws meant pets could be restricted altogether. New rules mean by-laws can’t be considered harsh, oppressive or unreasonable. This means you can’t make sweeping judgments on animals.
For instance, you can’t say, ‘we’re not going to have any Jack Russells in this apartment block because they bark too much’. You have to take every pet on a case-by-case basis.
Do the rules differ by state?
Yes, although certain parts of the law are nationwide, such as the Building Code of Australia and general laws around human rights. But in terms of the strata schemes, any legislation that deals with residential property or community land management are all state-specific.
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Yes, although certain parts of the law are nationwide, such as the Building Code of Australia and general laws around human rights. But in terms of the strata schemes, any legislation that deals with residential property or community land management are all state-specific.
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What’s the best course of action if your neighbour has a barking dog?
In order to tackle this problem, always refer back to the by-laws and try your best to get to the root of the problem first.
Any animals that enters your strata scheme should be subject to a pet application. That’s the best way to keep track and gain a better understanding of what kind of pets you have in the building.
Then, if issues do come up around barking dogs or noisy pets, it’s easier to fix that problem if you know who the owner is, how long the dog or pet has been there, or if the owner has suddenly gone back to work.
In order to tackle this problem, always refer back to the by-laws and try your best to get to the root of the problem first.
Any animals that enters your strata scheme should be subject to a pet application. That’s the best way to keep track and gain a better understanding of what kind of pets you have in the building.
Then, if issues do come up around barking dogs or noisy pets, it’s easier to fix that problem if you know who the owner is, how long the dog or pet has been there, or if the owner has suddenly gone back to work.
What are the by-laws when it comes to renting out your apartment as short-term accommodation?
On 9 April 2021, the NSW Government announced a new statewide policy for short-term rental accommodation (STRA) that resulted in a number of important reforms for the industry.
Within NSW, any short-term rental through a hosting site such as Airbnb now has to be registered. This empowers strata and the tribunal should there be any issues with that short-term rental.
On 9 April 2021, the NSW Government announced a new statewide policy for short-term rental accommodation (STRA) that resulted in a number of important reforms for the industry.
Within NSW, any short-term rental through a hosting site such as Airbnb now has to be registered. This empowers strata and the tribunal should there be any issues with that short-term rental.
So if the tenant or owner is renting out their residence to 10 people and it’s a two-bedroom apartment, strata is now not only able to take action against the owner, but can take action against them being able to let out the apartment again.
What steps should you take if you want to let out your apartment as short-term accommodation?
Check your by-laws to see what’s already in place. Your building might have its own register as well as the NSW one. Some buildings love short-term rentals, but it’s about how well your building manages it.
If in doubt, speak to your strata manager.
Check your by-laws to see what’s already in place. Your building might have its own register as well as the NSW one. Some buildings love short-term rentals, but it’s about how well your building manages it.
If in doubt, speak to your strata manager.
What are the rules around cigarette smoke?
Cigarette smoke and other forms of smoke drift, such as from a barbecue, can be considered a nuisance in strata properties. Section 153 of the Strata Schemes Management Act 2015 (NSW) outlines the provisions regarding nuisance in strata schemes.
If you have an issue with cigarette smoke or other types of smoke in your residence, we’d first recommend approaching those who are causing it to outline your concerns, as they may be unaware of the effect it is having on you being able to enjoy your property. Having a friendly conversation can often be the quickest and easiest way to resolve the matter.
Cigarette smoke and other forms of smoke drift, such as from a barbecue, can be considered a nuisance in strata properties. Section 153 of the Strata Schemes Management Act 2015 (NSW) outlines the provisions regarding nuisance in strata schemes.
If you have an issue with cigarette smoke or other types of smoke in your residence, we’d first recommend approaching those who are causing it to outline your concerns, as they may be unaware of the effect it is having on you being able to enjoy your property. Having a friendly conversation can often be the quickest and easiest way to resolve the matter.
If things don’t improve, monitor the situation, identify the offending apartment, keep a record of the incidents, and then report the matter to your strata manager. If this is an issue for other apartments, the owners’ corporation may take action. Or, if you live in NSW and wish to expedite the matter, you can apply for mediation through NSW Fair Trading.
Your owners’ corporation can also adopt a model by-law that prohibits smoking and smoke drift on common property. The Cancer Council also has extremely helpful information on smoking and useful smoking by-laws within apartment blocks.
Your owners’ corporation can also adopt a model by-law that prohibits smoking and smoke drift on common property. The Cancer Council also has extremely helpful information on smoking and useful smoking by-laws within apartment blocks.
What if you want to renovate your apartment?
We would always recommend writing to your strata manager first to find out the specific rules or by-laws for your building. Your state’s Fair Trading office also provides some great general information for renovations in strata apartments.
The owners’ corporation can pass by-laws that allow the strata committee to approve minor renovations and define the kinds of work that are classified as such.
In NSW, for example, major renovations require a special resolution vote (no more than 25 per cent of the eligible voting unit entitlements at the meeting to vote against the motion).
We would always recommend writing to your strata manager first to find out the specific rules or by-laws for your building. Your state’s Fair Trading office also provides some great general information for renovations in strata apartments.
The owners’ corporation can pass by-laws that allow the strata committee to approve minor renovations and define the kinds of work that are classified as such.
In NSW, for example, major renovations require a special resolution vote (no more than 25 per cent of the eligible voting unit entitlements at the meeting to vote against the motion).
For more complex renovations, we would suggest seeking independent legal advice on the requirements and the motion to be adopted. Once the motion has been approved, the owner is required to give the owners’ corporation at least 14 days’ written notice before work commences.
Again, we find transparency and an upfront conversation with the strata manager or committee can really help move this process along.
Again, we find transparency and an upfront conversation with the strata manager or committee can really help move this process along.
What are strata’s responsibilities around pool safety if your children like to swim?
Children always need to be supervised at all times in any residential property. Your pool should have a pool safety certificate, which is undertaken every year.
If you are moving into a complex and have children, always ask for a copy of that certificate. You want to know that the pool is safe, that there are no broken tiles and that it is well-maintained.
Children always need to be supervised at all times in any residential property. Your pool should have a pool safety certificate, which is undertaken every year.
If you are moving into a complex and have children, always ask for a copy of that certificate. You want to know that the pool is safe, that there are no broken tiles and that it is well-maintained.
What are the by-laws around communal waters and unvaccinated residents?
In NSW there are no restrictions in place, because you can’t separate residents into groups. This means that complexes are either fully in or all out with their pools at the moment.
If you’re in doubt and you’re not confident, keep your pool closed until you are. As things currently stand, we don’t have the right to mandate vaccination status anywhere on residential premises, including pools.
In NSW there are no restrictions in place, because you can’t separate residents into groups. This means that complexes are either fully in or all out with their pools at the moment.
If you’re in doubt and you’re not confident, keep your pool closed until you are. As things currently stand, we don’t have the right to mandate vaccination status anywhere on residential premises, including pools.
Your turn
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Want more on apartment living? Check out this Empty Nester’s Guide to Downsizing to an Apartment
Did you find this story useful? Tell us in the Comments below, like this story, save the images for inspiration, and join the conversation.
More
Want more on apartment living? Check out this Empty Nester’s Guide to Downsizing to an Apartment
Noise might seem like a really simple problem to have, but it’s actually quite complex when it comes to the law.
To put it simply, everyone has the right to quiet enjoyment of their own property and all owners are not to make a nuisance within the complex that would affect somebody else’s quiet enjoyment of their apartment.
Each scenario will have a different pathway that residents and strata managers would take, depending on the breach.