This article discusses strata by-laws addressing noise from residents working from home.
Question: Can strata complexes introduce a by-law to limit noise and privacy issues from residents working from home?
With more people working from home, I’ve noticed a significant increase in white noise, especially in summer when balcony doors are open. I can hear residents’ conversations and even their work calls for hours at a time. I often overhear private discussions while sitting on my balcony. Can strata complexes introduce restrictions or bylaws about working from home to address these noise and privacy concerns in buildings with shared walls?
Answer: A by-law restricting or limiting working from home is likely to be found harsh and unreasonable.
This is certainly a more prevalent issue than it was before COVID-19 forced so many of us to stay at/work from home, and the continuing allowance for work from home arrangements means some people are still impacted in this way.
However, a by-law restricting (including limiting) working from home is likely to be found harsh and unreasonable, and therefore, unenforceable as it presupposes behaviour or impact on occupiers of other lots, thereby limiting the rights of occupation.
It’s worth remembering that such overheard conversations are not solely an aspect of working from home – I’m sure many of us have heard people on the phone, talking loudly, without it being work-related.
There are already by-laws and legislation that more generally address noise issues. The model by-laws in the Strata Schemes Management Regulation 2016 (NSW) have By-Law 6 (By-Law 1 for pre-1996 schemes), which specifies that an owner or occupier of a lot is not to create noise “likely to interfere with the peaceful enjoyment of the owner or occupier of another lot”. Your scheme may have additional or amended noise by-law/s.
Additionally, s 153 of the Act states that owners, occupiers, and other persons are not to use or enjoy a lot “in a manner or for a purpose that causes a nuisance or hazard to the occupier of any other lot”.
As you can appreciate, this can be subjective, and relies on a “reasonable” interpretation of the by-laws, s 153, and the circumstances if it were to proceed to any Tribunal or Court action.
If you are concerned with the content of the calls, the volume of the calls, the frequency of calls, or any combination of those factors, the best first step is a polite approach to the caller/s detailing your concerns.
You may well find a simple note detailing the date/s and time/s of a few calls, and the subject matter discussed, would be enough for the caller to modify their behaviour (perhaps going to a different room or closing windows/doors during calls).
You can make this approach in writing or in person, as you feel comfortable.
One note, however – for the matter to be dealt with formally by the strata committee or strata manager, it is best to try a direct approach first. You will need to identify yourself to the committee or strata manager to make a formal complaint (i.e. no anonymous complaints, although you can request that the neighbour not be informed of the complainant).
You are also within your rights to take the matter to NCAT. However, you will need to attempt mediation first. This is a much more involved process, and you will need to specify which parts of the Act and/or breached scheme by-laws, and very specifically, which corrective order you are seeking from NCAT.
Regardless, keeping a log of date, time, duration and nature of calls, as well as the efforts you have taken to have the matter resolved, may help to have the matter resolved, whether directly or through more formal channels.
Sean McNamara
Strata, Meet Data
E: sean@stratameetdata.blog
P: 0414 920 726
This post appears in the November 2025 edition of The NSW Strata Magazine.
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Read next:
- NSW: Noise Coming from Above? Tribunal Orders Lot Owners to Remove or Replace Flooring
- NSW: Q&A Dealing With the Noisy Residents In The Apartment Above
- NSW: What Can I Do About Noise? Residential Noise restrictions!
Visit our Strata Noise & Neighbours OR NSW Strata Legislation.
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