NSW: Q&A Light Shining Into the Apartment Causing Nuisance

This question from an NSW lot owner concerns an outdoor lighting nuisance. Thank you, Leanne Habib, Premium Strata for providing a response.

Table of Contents:

• QUESTION: There is a common driveway bollard light outside of my bedroom window that causes bright light to stream into the bedroom. Would this be considered light pollution? What steps can be taken to resolve this?
• QUESTION: Is it a breach of strata by-laws if a neighbouring property has a light which shines directly into my room at night, causing outdoor lighting nuisance

Question: There is a common driveway bollard light outside of my bedroom window that causes bright light to stream into the bedroom. Would this be considered light pollution? What steps can be taken to resolve this?

Answer: This is not a simple action under strata laws and you would need to sue your owners corporation under the general law.

While this may be considered nuisance/potentially negligence, this is not a simple action under strata laws and you would need to sue your owners corporation under the general law. For this reason you should first seek resolution with your owners corporation (ie discussions, emails, mediation), failing which seek legal advice as different elements must be proven and certain procedures must be followed.

Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440

This post appears in Strata News #600.

Question: Is it a breach of strata by-laws if a neighbouring property has a light which shines directly into my room at night, causing outdoor lighting nuisance?

Is it a breach of strata by-laws if a neighbouring property has a light which shines directly into mine at night, and lights up our room? We are in NSW. Where may I find the official advice on this information?

Answer: If the light is coming from another unit in your building, then yes.

If you say the light is coming from another unit in your building, yes, Section 117 of the Strata Schemes Management Act, 1996 (NSW) would apply because the light is light pollution and causing you a nuisance.

You make an application for Mediation, then if unsuccessful or refused by the other parties, you commence action at NCAT.

STRATA SCHEMES MANAGEMENT ACT 1996 – SECT 117

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:
   1. 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
   2. 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
   3. 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.
2. This section does not operate to prevent the due exercise of rights conferred on a developer by the operation of:
   1. in the case of a freehold strata scheme, section 28L of the Strata Schemes (Freehold Development) Act 1973, or
   2. in the case of a leasehold strata scheme, section 52 of the Strata Schemes (Leasehold Development) Act 1986.
3. In this section, “lessee” of a lot in a strata leasehold scheme means a sublessee of the lot.

Update: Section 117 is now Section 153 of the Strata Schemes Management Act 2015 (NSW). While section 117 is not identical to section 153 (now), it is substantially in the same terms.

If it is from a neighbouring property (ie outside of your strata building) this would still constitute light pollution and nuisance (general tort law). Community Justice Centres operate to mediate such issues. If unsuccessful, you would need to contact a lawyer to commence action for nuisance.

Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440

This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

This post appears in Strata News #110.

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