Noise is the single most common source of strata complaints in NSW. It is also one of the most misunderstood areas of strata law, because the rules come from multiple overlapping sources — the SSMA, the scheme's own by-laws, and environmental protection legislation — each with different enforcement mechanisms, different thresholds, and different agencies. Understanding which framework applies to your problem, and what is actually required to use it, is the difference between a complaint that goes nowhere and one that gets results.

Audience	Relevance	Why it matters
Lot owners affected by noise	Essential	Understand your legal rights, the evidence you need, and the correct process for the strata framework and external agencies.
Owners causing noise complaints	Essential	Understand the obligations that apply to you, what a Notice to Comply triggers, and what happens if you ignore it.
Strata committee members	Very important	Your OC has obligations when a valid complaint is made. You cannot simply ignore a persistent, well-evidenced noise complaint.
Tenants	Important	The same s153 and by-law obligations apply to you as an occupier. Your landlord bears responsibility for your compliance under the by-laws.
Hard floor installers	Important	Floor covering obligations under Model By-law 14 are a major source of noise disputes. Get acoustic compliance right before installation.

The legal framework: what rules apply

Noise and nuisance in strata is governed by three overlapping layers of law. Understanding which layer applies to your situation determines what remedy is available and who enforces it.

Layer 1: Section 153 SSMA — the nuisance and hazard prohibition

Section 153 of the Strata Schemes Management Act 2015 is the statutory baseline. It prohibits owners, tenants, and occupiers from:

• Lot use causing nuisance or hazard: Using or permitting the use of a lot in a manner that causes a nuisance or hazard to the occupier of any other lot (s153(1)(a)).
• Common property use interfering with common property: Using common property in a way that unreasonably interferes with its use or enjoyment by any other occupier or person entitled to use it (s153(1)(b)).
• Common property use interfering with another lot: Using common property in a way that unreasonably interferes with the use or enjoyment of any other lot (s153(1)(c)).

The section includes a statutory note that smoke penetrating from a smoker's lot into another lot or common property may constitute a nuisance or hazard and may unreasonably interfere with use and enjoyment — bringing second-hand smoke squarely within the provision.

Section 153 does not define 'nuisance' exhaustively. The concept draws on both common law nuisance principles and the broader statutory context. At common law, the interference must be substantial and unreasonable (Hargrave v Goldman [1963] HCA 56). Whether conduct meets that threshold depends on factors including the locality, the duration, frequency, time of day, extent, and whether there was any element of deliberateness.

Layer 2: By-laws — the scheme's specific rules

Most schemes have by-laws that specifically address noise. The model by-laws in Schedule 3 of the Strata Schemes Management Regulation 2016 provide the standard baseline for schemes that adopt them, but schemes can register their own customised by-laws. Always check your scheme's registered by-laws, not just the model versions.

Two model by-laws are particularly relevant to noise:

Model By-law 6: Noise	Model By-law 14: Floor coverings
An owner or occupier of a lot must not make noise that is likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or the common property.	An owner of a lot must ensure that all floor space within the lot is covered or otherwise treated to an extent sufficient to prevent the transmission from the floor space of noise likely to disturb the peaceful enjoyment of the owner or occupier of another lot. This by-law does not apply to floor space comprising a kitchen, laundry, lavatory, or bathroom.

Key point on Model By-law 6: The standard is whether noise is 'likely to interfere' — assessed objectively, not on the complainant's subjective experience. This is a lower threshold than s153's 'unreasonably interferes', making by-law enforcement generally easier to pursue than a s153 nuisance claim.

Key point on Model By-law 14: This by-law covers living areas, bedrooms, and hallways within a lot — but not kitchens, laundries, lavatories, or bathrooms. A hard floor (timber, tiles, vinyl, bamboo) anywhere other than those excluded rooms must be covered or treated sufficiently to prevent noise transmission. 'Sufficient' is regularly disputed — the standard has been interpreted by NCAT in a range of cases, and schemes are increasingly supplementing By-law 14 with a dedicated renovation by-law specifying minimum acoustic ratings (such as a minimum Impact Isolation Class or AAAC rating).

Layer 3: The Protection of the Environment Operations Act 1997 — the public law framework

The POEO Act and the Protection of the Environment Operations (Noise Control) Regulation 2017 operate independently of the strata framework. They apply to residential premises generally — whether or not the premises are in a strata scheme. Enforcement is by police, local council, and the EPA, not the OC.

The Regulation specifies when noise from common domestic sources should not be heard in a neighbour's habitable room (meaning any room other than a garage, storage area, bathroom, laundry, toilet, or pantry). The key restricted hours are:

Noise source	When it must not be heard in a neighbour's habitable room
Power tools and equipment	Before 7am or after 8pm weekdays and Saturday; before 8am or after 8pm Sundays and public holidays
Musical instruments and amplified sound equipment	Before 8am or after 10pm most days; before 8am or after midnight on Fridays, Saturdays, and the day before a public holiday
Air conditioners and heat pump water heaters	Before 7am or after 10pm weekdays; before 8am or after 10pm weekends and public holidays

On-the-spot fine for a breach (after a warning): $200 for an individual, $400 for a corporation. The maximum penalty a court can impose is $5,500 for an individual and $11,000 for a corporation.

The objective test: what counts as a nuisance or unreasonable interference

Whether noise or conduct constitutes an actionable nuisance, or amounts to unreasonable interference under s153, is assessed objectively. This was confirmed by the NCAT Appeal Panel in Andelman v Small [2020] NSWCATAP 32, which held that the test is whether the noise is likely to disturb the peaceful enjoyment of another occupant, assessed on factual and measurable criteria — not on the individual complainant's personal sensitivity.

Factors that bear on the objective assessment include:

• The locality — standards appropriate to a residential apartment block differ from those in a semi-industrial precinct
• The duration, frequency, and time of day of the noise
• The nature and character of the noise — whether it is sudden, repetitive, or continuous
• The extent to which it physically penetrates into a neighbouring lot
• Whether there is an element of deliberateness or disregard for other occupants

The interference must be both substantial and unreasonable. Minor inconveniences that are a normal incident of apartment living — footsteps on a hard floor during reasonable hours, kitchen sounds during the day, a child crying — will not ordinarily meet the threshold. Prolonged late-night music, repeated aggressive stomping, or persistent construction noise outside permitted hours is more likely to cross it.

What evidence you need

The single most important lesson from NCAT noise cases is that poor evidence loses cases that have genuine merit. In O'Riordan v Chu [2023] NSWCATCD 61, the applicant failed despite real and ongoing noise problems, because the noise diary was found unconvincing — it logged incidents but lacked crucial detail about the magnitude, impact, and context of the sounds — and the acoustic report was insufficient because it did not measure the actual level of noise being generated inside the offending apartment. Without knowing how loud the activities were at their source, the Tribunal could not objectively assess whether the transmission was legally actionable.

Building a noise complaint case requires three types of evidence:

1. A detailed noise diary

A noise diary is the foundation. It needs to be genuinely detailed to be persuasive. Every entry should record:

• Date, day of the week, and precise start and end times of the noise
• Nature and character of the noise (footsteps, music, voices, banging — be specific)
• Location in your own lot where the noise was heard
• Estimated volume and duration
• Impact on you (could not sleep, woken from sleep, had to leave the room, work disrupted)
• Any other context (were windows open, was there other background noise)

Generic entries like 'neighbour was noisy at 11pm' will not carry weight. Entries like 'repeated heavy footsteps and bass music audible in bedroom 1, starting 11:15pm, lasting until 1:30am, woke me at 11:45pm and prevented return to sleep' are what the Tribunal needs.

2. Witness evidence from other affected occupants

If other residents or occupants are also affected, their evidence is highly valuable. Corroborating statements from multiple people who independently experienced the same problem strengthen the objective case significantly. If only one person complains while neighbours in closer proximity appear unaffected, that tends to undermine the claim.

3. Acoustic engineering evidence

For hard floor and structural noise cases especially, an acoustic engineer's report is often necessary. A strong report will include measurements of the noise levels generated by the activities at issue, measured within the affected lot, against relevant building standards. It is not sufficient to simply measure transmission loss through the floor — the Tribunal needs to know how loud the source activities actually are, and what levels are being received.

For music, voice, or party noise cases, contemporaneous recordings on a phone can help, but professional acoustic monitoring equipment produces more reliable and persuasive data.

The strata enforcement pathway

The by-law enforcement pathway is the primary strata mechanism for noise disputes. The OC has the tools; the question is whether it uses them properly, and what happens when it does not.

Step 1: Informal approach first

Speak to the person causing the noise before escalating formally. Many noise issues — especially hard floor impact noise or noise during working hours when the occupant is absent — are genuinely unknown to the person responsible. A courteous conversation, or a note from the strata manager, often resolves the problem without any formal action. Document that you have attempted this.

Step 2: Report to the OC/strata manager

If informal approaches do not resolve the problem, put a formal written complaint to the strata manager (who will bring it to the committee). Include your noise diary and any other evidence at this stage. The strata manager can write to the person informally on the OC's behalf, which often prompts compliance without needing a formal Notice to Comply.

Step 3: Notice to Comply (section 146)

If informal steps fail, the OC can issue a formal Notice to Comply under s146 of the SSMA. Key requirements that must be followed precisely:

• The notice must identify the specific by-law alleged to have been breached
• A separate notice must be issued for each by-law breached
• The notice must include a copy of the relevant by-law
• The notice must be in a form approved by the Secretary (NSW Fair Trading provides an approved template on its website, which satisfies this requirement)
• The notice cannot be given without either a resolution at a general meeting or an ordinary resolution of the strata committee
• If the occupier is a tenant, the notice must be served on both the owner and the tenant

A Notice to Comply that does not comply with these requirements may be invalid and may jeopardise any subsequent NCAT application. The OC should also allow a reasonable period in the notice for compliance.

Step 4: NCAT penalty application (section 147)

If the by-law continues to be breached after the Notice to Comply is issued, the OC can apply to NCAT for a civil penalty order under s147. The NCAT application must be lodged within 12 months of the date the Notice to Comply was given. NCAT cannot impose a penalty unless satisfied that a valid notice was given and the breach continued after the notice.

The penalty scale under s147:

• First breach: Up to 10 penalty units ($1,100), payable to the owners corporation.
• Repeat breach (within 12 months of a penalty being imposed): Up to 20 penalty units ($2,200), payable to the owners corporation. No new Notice to Comply is required for the repeat application.

Step 5: NCAT compliance order (section 232)

Separately or as an alternative to the penalty pathway, the OC or any interested person (including an individual lot owner) can apply to NCAT under s232 for an order to settle the dispute — which may include an order requiring a person to comply with their by-law obligations. The s232 pathway generally requires the parties to attempt mediation with NSW Fair Trading before the application is made. Most strata applications to NCAT require a mediation attempt first.

Step 6: Civil penalty for breaching a NCAT order (section 247A)

If a person breaches an order made by NCAT under the SSMA, a further civil penalty of up to 50 penalty units ($5,500) can be applied for under s247A. This is the highest strata penalty available for individual conduct, and reflects the seriousness of defying a Tribunal order.

When to use external agencies instead of the strata process

The strata enforcement pathway is not the only option, and for some types of noise it is not the most effective option. Understanding what each external agency can do — and what it cannot do — helps you choose the right avenue.

NSW Police

Police can take immediate action in response to noise complaints, particularly outside permitted hours. Under s278 of the POEO Act, a police officer who attends in response to a complaint can issue an on-the-spot noise abatement direction requiring the noise to stop. If the noise recurs within 28 days of the direction being given and the person is warned again, a fine of $200 (individual) or $400 (corporation) can be issued.

Police are most useful for acute, after-hours noise events — a party, loud music, or rowdy gathering late at night. They are less suited to structural transmission noise (footfall, bass from a sound system) that is ongoing at a low level. It can also help to report the noise matter to the strata manager as well when contacting police, so the OC has a record supporting any subsequent by-law enforcement.

Local council

Local councils have their own noise enforcement powers under the POEO Act. A council noise officer can:

• Issue a prevention notice (s96 POEO Act): A formal notice requiring the person to control offensive noise and advising acceptable levels. Non-compliance is a separate offence.
• Issue a noise control notice (s264 POEO Act): Restricts specific noisy activities to certain hours or days.
• Issue a noise abatement direction (s278 POEO Act): An immediate direction, like police, effective for 28 days.

Council noise officers deal primarily with neighbourhood noise from domestic sources: barking dogs, amplified music, power tools, and air conditioners. They are generally not the right agency for building-structural noise (footfall, plumbing) that is not time-regulated under the Noise Control Regulation.

Local Court: noise abatement order (s268 POEO Act)

Any person can apply independently to the Local Court for a noise abatement order under s268 of the POEO Act. This is a separate and independent process that does not require council or police involvement first. The application requires a fee (currently $83) and approval from the court registrar. Both parties attend a hearing. If the court makes the order, the person responsible must stop making the offensive noise. Breaching a noise abatement order is a criminal offence.

This avenue is suitable where other enforcement approaches have failed and the offensive noise is documented and likely to recur. Evidence of past incidents and a likelihood of recurrence must be demonstrated.

EPA Environment Line

The EPA's Environment Line (131 555 or epa.nsw.gov.au) handles more serious environmental noise issues, including noise from commercial or industrial premises, construction on large development sites, and noise from licensed premises such as pubs and clubs. For most apartment-to-apartment residential noise disputes, the EPA is not the primary agency — council and police are more appropriate first contacts.

Special situations

Hard floors and structural noise transmission

Hard floor noise — footfall, chair scraping, and impact sound transmitting through floors into the lot below — is the highest-volume category of NCAT noise dispute in NSW strata. The legal framework creates a dual obligation:

• Model By-law 14 obligation: The owner who installs or has hard flooring must ensure it is treated sufficiently to prevent noise transmission. The excluded rooms are kitchen, laundry, lavatory, and bathroom. Living rooms, bedrooms, studies, and hallways are all covered.
• Minor renovation approval (s110 SSMA): Replacing carpet with hard flooring is a minor renovation requiring ordinary resolution approval from the OC. Installing hard floors without approval is also a breach of s110.

OCs are increasingly incorporating dedicated acoustic requirements into their renovation by-laws — specifying minimum acoustic ratings such as Impact Isolation Class (IIC) ratings or AAAC star ratings — to reduce disputes after installation. If your scheme does not have such a by-law, consider proposing one at the next AGM.

Noise from common property — the OC's responsibility

If the source of noise is common property — plumbing pipes within walls, lifts, air conditioning plant, pool equipment, or malfunctioning building services — the question is not a nuisance dispute between occupants. It is a maintenance and repair obligation of the OC under s106 of the SSMA. The OC has a strict duty to maintain common property in a state of good repair. Where common property noise represents a malfunction or disrepair, the OC must fix it. In Haramis v The Owners — Strata Plan No 51923 [2023], NCAT confirmed that where pipework (common property) was producing offensive noise because it was not in serviceable condition, the OC's failure to undertake remedial work was a breach of its s106 duty.

If the OC refuses to act on a common property noise problem, a lot owner can apply to NCAT under s232 for orders requiring the OC to carry out the necessary work.

Smoking

The statutory note to s153 specifically identifies smoke penetration from smoking as a potential nuisance and unreasonable interference. Smoke drifting from one lot or from a common area balcony into another lot has been found to constitute a nuisance in NCAT proceedings. Some schemes have also registered specific smoking by-laws restricting where smoking is permitted within the scheme. The enforcement pathway is the same as for other nuisances: informal approach, OC notification, Notice to Comply, and if necessary NCAT.

Construction and renovation noise

Renovation noise during the approved period is generally expected as a normal incident of strata living — short-term disruption during an approved renovation does not ordinarily constitute an actionable nuisance. However, construction outside permitted hours is regulated by both the POEO Act (local council enforcement) and the terms of any development consent or OC renovation approval. If a renovation by-law specifies permitted hours and those hours are breached, the OC can issue a Notice to Comply for breach of the by-law.

Standard permitted hours under the POEO Noise Control Regulation for construction and renovation on residential premises are 7am to 6pm Monday to Friday, 8am to 1pm Saturday, and no work on Sundays or public holidays — though local development consents may specify different hours. Councils may vary these requirements.

Noise affecting tenants in another lot

The s153 obligations apply to all owners, mortgagees in possession, tenants, and occupiers. A tenant in one lot can take action directly or through the OC against a tenant or owner in another lot for nuisance or by-law breach. If the offending occupant is a tenant, the Notice to Comply must be served on both the offending tenant and their landlord.

A landlord can also be held responsible through the strata by-law framework where their tenant is repeatedly breaching the by-laws — particularly where the landlord has been made aware and has taken no steps.

Frequently asked questions

My neighbour makes noise during the day. Is this actionable?

Daytime noise is not automatically excused. The strata framework does not specify quiet hours — Model By-law 6 and s153 apply at all times. The question is whether the noise is likely to interfere with peaceful enjoyment (by-law) or causes unreasonable interference (s153), assessed objectively. Sustained daytime noise at a level that makes it genuinely difficult to be in your own home — working, resting, or concentrating — can be actionable. However, ordinary daytime sounds of apartment living generally will not cross the threshold.

My strata manager says the OC cannot do anything unless I have an acoustic report. Is that true?

Not exactly. The OC can issue a Notice to Comply based on complaints and any evidence that supports them — the Act does not require an acoustic report before a notice can be given. However, if the matter proceeds to NCAT and the respondent contests the claim, evidence of the actual noise levels received becomes critical. A Notice to Comply is a relatively low-cost step that the OC can take on the basis of credible complaint evidence. Whether expert evidence is needed depends on whether the respondent disputes the claim and the case goes to a Tribunal hearing.

Can I apply directly to NCAT without going through the OC?

Yes, in several circumstances. An individual lot owner can apply to NCAT under s232 for orders to settle a dispute, including orders requiring another occupant to comply with by-law obligations. This pathway does not require the OC to be the applicant. It does generally require an attempt at mediation with NSW Fair Trading before the application is made. An individual can also apply to the Local Court for a noise abatement order under the POEO Act, entirely independently of the strata process.

The OC issued a Notice to Comply and nothing changed. What is next?

The OC needs to take the next step and apply to NCAT for a penalty order under s147. This application must be made within 12 months of the Notice to Comply being given. If the OC is reluctant to proceed, put a written request to the committee asking them to authorise the NCAT application. If the committee still refuses to act, you can apply under s232 for an order directing the OC to take enforcement steps.

My neighbour has received a NCAT order but is still making noise. What are the options?

Breach of a NCAT order is the most serious situation in the strata enforcement chain. The OC or any person with the benefit of the order can apply to NCAT for a civil penalty of up to 50 penalty units ($5,500) under s247A for breach of the Tribunal order. Persistent defiance of NCAT orders can also support an application for compulsory management of the scheme under s237, though that is a high bar.

The hard floors in the lot above are driving me crazy. Who is responsible?

Under Model By-law 14, the owner of the lot with the hard floors bears the responsibility to ensure they are treated sufficiently to prevent noise transmission. If the floors were installed without OC approval, there is also a s110 breach. The pathway is: speak to the owner, notify the OC, OC issues Notice to Comply for breach of By-law 14 (and potentially s110), OC applies to NCAT if breach continues. An acoustic report scoped to measure actual received noise levels and assess the adequacy of the current floor treatment is strongly recommended before taking this to NCAT.

How long will this take?

Noise disputes, even well-evidenced ones, rarely resolve overnight. A realistic timeline: informal approach (1–4 weeks), OC writes to the noisy party informally (1–4 weeks), OC committee resolution and Notice to Comply (2–6 weeks), compliance period under the notice (2–4 weeks), if unresolved — NCAT mediation (4–8 weeks wait for mediation), NCAT hearing (potentially 3–6 months after filing). The process can take 6–12 months from the first complaint to a Tribunal determination. Keeping thorough records throughout, and pursuing each step promptly, is essential.