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
- An owner, mortgagee or covenant chargee in possession (whether in person or not), lessee or occupier of a lot must not:
- 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
- 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
- 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.
- This section does not operate to prevent the due exercise of rights conferred on a developer by the operation of:
- in the case of a freehold strata scheme, section 28L of the Strata Schemes (Freehold Development) Act 1973, or
- in the case of a leasehold strata scheme, section 52 of the Strata Schemes (Leasehold Development) Act 1986.
- 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.
Have a question or something to add to the article? Leave a comment below.
Read next:
- NSW: Q&A Is piano playing for hours a day a breach of our peaceful enjoyment?
- NSW: Q&A Water Dripping Over Balcony From the Neighbour Above
Are you interested in more about dealing with outdoor lighting nuisance or information particular to NSW legislation? Visit our Strata Neighbours OR NSW Strata Legislation
Looking for strata information concerning your state? For state-specific strata information, take a look here.
Are you not sure about some of the strata terms used in this article? Take a look at our NSW Strata Glossary to help with your understanding.
After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.
In relation to my post it is only changing light globe’s NOT fittings
Our lights are on timers now but by using sensor globes I thought this would be goof for security during the night if an intruder enters the premises then sensors should pick up any movement and frighten them away
Can I change a light globes in common areas to sensor globes or do we have to get electrican to do this and if so why
You guys ever hear of curtains? Lol
There is a common driveway bollard light sitting right outside of my bedroom window which causes a large amount of light to stream into the bedroom. Would this be considered light pollution?
What steps can be taken to resolve?
Hi Andrew
Leanne Habib from Premium Strata has responded to your comment in the article above.
If it is a glass topped dome fitting , perhaps Andrew could get permission from the strata committee to insert steel wool on his side of the light fitting. This will allow the light to be seen from three sides but stop it from shining into his bedroom. We offer this to our residents and it has been successful.
Hi there.
Just a question that you might be able to help me with. I’m currently renting an apartment, the building across the road looks like a few floors of office space then apartments. They’re currently renovating the office space, and leaving the bright office lights on for days. This lights up my apartment. I have rung the building manager multiple times, she has tried her best to get whomever to turn the lights off. Alas without much success. Is there a next step I can take to maybe force the issue more?
I had the same issue – after asking the building manager unsuccessfully to turn the lights off at night, I contacted local council who sorted it out.
Hi there,
Does this also apply to Council street lights with bright LEDs that shine into ones house? I am currently in dispute with the Randwick Council over this matter and they say there is nothing they can do. They installed a super bright street light that is angled in such a way it lights up my whole house and the neighbours and we are sick of it.
Thanks
Hi Aaron
This question is outside of the scope of this site. We deal specifically with strata issues.
All the best resolving the matter.