24 Nov Noise In Residential Strata Buildings
Noise is incidental to ordinary living within a building. But everyday noise can be a nuisance and all residents need to be aware and considerate in respect of noise generated.
What is noise a nuisance?
For noise to be a nuisance it requires there is more than an isolated instance and determinants
include:
- volume – is it consistent with normal residential living or more than necessary
- source – can be from music, voices, electrical or mechanical equipment or pets such as a dog
- barking or carrying out building works or renovations
- how the noise is transmitted – from a lot it may be exacerbated by open windows or doors,
- transmitted through the building such as hard floors
- timing – when does it occur as some times such as nights can be more intrusive
- duration – is it occasional or sustained
- frequency – does it occur the continually or repeatedly
- number of persons affected – does noise transmission effect a lot or lots only in the immediate
- vicinity of the cause or is it heard by a significant number of occupiers.
Are there noise regulations in Victoria?
The principal noise restrictions in Victoria are set out in of the Environment Protection Regulations 2021 (EPA Regulations).
At what times do noise restrictions operate in Victoria?
Regulation 114 of the EPA Regulations set out the residential noise regulations in Victoria and the following provisions apply.
| Group | Prescribed items | Prohibited times |
| 1 | A motor vehicle (other than a vehicle moving in or out of premises), vessel or personal watercraft, lawn mower or other grass cutting device or any item with an internal combustion engine that does not fall within item group 2. | Monday to Friday: before 7 a.m. and after 8 p.m. Weekends and public holidays: before 9 a.m. and after 8 p.m. |
| 2 | An electric power tool, chain or circular saw, gas or air compressor, pneumatic power tool, hammer, impacting tool or grinding equipment. | Monday to Friday: before 7 a.m. and after 8 p.m. Weekends and public holidays: before 9 a.m. and after 8 p.m. |
| 3 | Heating equipment (including central heating, a hot water system or a heat pump, air conditioner or split system used for heating), a vacuum cleaner, swimming pool pump, spa pump, or a water pump (other than a pump being used to fill a header tank). | Monday to Friday: before 7 a.m. and after 10 p.m. Weekends and public holidays: before 9 a.m. and after 10 p.m. |
| 4 | An air conditioner, evaporative cooler or split system used for cooling. | Monday to Friday: before 7 a.m. and after 11 p.m. Weekends and public holidays: before 9 a.m. and after 11 p.m. |
| 5 | A musical instrument or any electrical amplified sound reproducing equipment including a stereo, radio, television or public address system. | Monday to Thursday: before 7 a.m. and after 10 p.m. Friday: before 7 a.m. and after 11 p.m. Saturday and public holidays: before 9 a.m. and after 11 p.m. Sunday: before 9 a.m. and after 10 p.m. |
| 6 | An item of electrical equipment that does not fall within item group 2, 3, 4 or 5, other than an item for personal care or grooming, or for food heating, food refrigeration or food preparation. | Monday to Friday: before 7 a.m. and after 8 p.m. Weekends and public holidays: before 9 a.m. and after 8 p.m. |
Are there any exceptions to the above?
If the Chief Health Officer has issued a health alert the restrictions in Group 4 regarding air-conditioning and cooling do not operate for the duration of that health aler.
Whilst the regulations set out prohibitions regarding particular sources of noise at specific times, noise at any time can be unreasonable if it interferes with a neighbour’s enjoyment of their property.
Are there power tool noise restrictions in Victoria?
The EPA Regulations include reference to power tools and a summary is as follows.
| Source | When it must not be heard in your neighbour’s habitable room |
| Lawnmowers and petrol garden equipment | Weekdays before 7:00 AM and after 8:00 PM. Weekends and public holidays before 9:00 AM and after 8:00 PM. |
| Electric power tools and impacting tools | Weekdays before 7:00 AM and after 8:00 PM; Weekends and public holidays before 9:00 AM and after 8:00 PM. |
| Motor vehicles (idling, repairs) and personal watercraft | Weekdays before 7:00 AM and after 8:00 PM; Weekends and public holidays before 9:00 AM and after 8:00 PM. |
Habitable rooms include living rooms and bedrooms but exclude kitchens, bathrooms, laundries and storage areas.
Are there different noise restrictions on weekends?
As can be seen from the above there are different times noise can be made on a Saturday and Sunday and these must be observed.
A consequence of the above is there is a limitation on when you can mow your lawn in Victoria.
Are there restrictions on when construction can start in Victoria?
In addition to the EPA regulations, the council may have restrictions on construction times generally and also may specify allowable times in the building permit issued a particular development.
Is there a noise curfew in Victoria?
There is no curfew as such but the Environment Protection Regulations apply to the making of noise in residential premises.
Can there be strata flooring noise?
Carpets in habitable rooms can assist in reducing noise transmission, particularly to the lot directly below. Hard surfaces including floating timber floors may allow the transmission of noise which, depending upon the level, may be a nuisance. Any owner contemplating installing a hard floor, including a floating timber floor, must consider appropriate installation and consult with a competent flooring retailer or contractor who can provide advice regarding steps which can be taken to reduce noise transmission from hard floors.
Are there strata rules regarding noise?
The model rules which apply to all owners corporations have a prohibition on owners, occupiers and guests unreasonably creating noise likely interfere with the enjoyment of other person in the development.
Additionally, there is a prohibition on the use of the lot which creates a hazard to health of another owner or occupier of a lot. Excessive noise from within a lot which disturbs another person’s sleep may be a health hazard and consequently a breach of the rule.
Any rules made by an owners corporation regarding noise, including from flooring must be observed.
How to deal with noisy neighbours?
Commence by approaching the neighbour to have a conversation. The neighbour may not be aware of the nuisance are causing and this may resolve the problem. This is often the most efficient and easiest method, hopefully preventing future disturbances and can assist in maintaining the relationship between neighbours.
If multiple neighbours have been affected by the same noise, a joint approach may be beneficial as it emphasises the effect of the noise.
If the noise continues?
A complaint can be made under the Public Health and Wellbeing Act 2008 to municipal council and the council is obliged to investigate the complaint. For noise arising from building works the building department council should be contacted to determine if it will take any steps if there has been a breach of the building permit.
A complaint can also be made to the Environment Protection Authority who have a broad remit in regard to noise.
Police may also be called but it is unlikely to be a high priority response and council may be a preferred option.
If the noise continues a complaint can be made to the owners corporation asking it to take steps which may include the issue of a breach notice. A complaint can be made to the owners corporation for a breach of the rules regarding noise provided that the noise is created within a lot or on common property and the person creating the noise is an owner or occupier of a lot. It is open to the committee to consider if it believes on reasonable grounds that there is a breach of the rules regarding noise and take action such as notifying the owner of the lot asking what depths they are taking to reduce the noise.
The Committee may consider a grievance meeting which the parties can meet discuss and if possible resolve the dispute.
For all noise complaints it is important to keep a record of the occurrences including the date, time, duration, source and intensity are necessary. This is required to substantiate that the nuisance is ongoing and also for evidentiary purposes if an application to the Victorian Civil and Administrative Tribunal is necessary or if Council or police will take action.