Community living means sharing space with other people. You’ll occasionally hear noise from neighbouring homes, see visitors coming and going, or experience the everyday sounds and activities that generally come with daily life.
Most of the time, these day-to-day disturbances are simply part of living in a close-knit community.
Sometimes, however, behaviour becomes more than a minor annoyance. When it occurs repeatedly, affects other residents, or interferes with someone’s ability to use and enjoy their home, it may be considered a nuisance.
Whether the issue involves noise, smoke drift, parking, pets, or another ongoing concern, understanding what may be considered a nuisance and what steps to take can help you approach the situation with confidence.
A nuisance neighbour is generally someone whose behaviour repeatedly affects another person’s ability to use and enjoy their home.
The key factor is usually not a single incident. Instead, it’s behaviour that is ongoing, unreasonable, or continues despite concerns being raised.
Not every disagreement or inconvenience between neighbours falls into this category. Community living naturally involves a degree of compromise, tolerance, and understanding.
For example, hearing occasional footsteps from the apartment above or the sounds of children playing during the day would generally be considered part of everyday living. Repeated loud noise late at night that regularly disrupts residents’ sleep may be a different matter.
Every community is different, but some concerns arise more frequently than others.
Noise is one of the most common complaints from neighbours in community living.
It may become a concern when noise regularly travels beyond a home and affects neighbouring residents, particularly during times when people would reasonably expect quiet enjoyment of their homes.
Examples may include:
Parking disputes often arise where space is limited or shared parking areas are not used as intended.
Examples may include:
Pets are an important part of many households and generally coexist well within community living environments.
Issues may arise when a pet’s behaviour repeatedly affects other residents, such as:
Smoke can travel between homes through balconies, open windows, and shared ventilation systems.
This may include:
Waste-related issues can quickly affect nearby residents due to odours, visual impacts, or hygiene concerns.
Examples may include:
Building works can affect neighbouring residents if they are not appropriately managed.
Examples may include:
If a neighbour’s behaviour is becoming an ongoing concern, taking a measured approach often provides the best chance of resolving the issue.
Urgent safety concerns, threats, illegal activity, or emergencies should be reported to the appropriate authorities immediately.
Most neighbour concerns can be addressed by following these steps:
Many issues are unintentional.
Your neighbour may not realise their actions are affecting others, particularly when noise, smoke, or shared spaces are involved.
A respectful conversation can often resolve the issue before it develops into a larger dispute.
Your scheme’s by-laws or building rules outline how homes, common property and shared areas should be used.
Reviewing these documents can help you understand:
If informal discussions have not resolved the issue, you can usually raise it with your committee or manager.
Depending on the circumstances, they may:
Where concerns continue despite earlier efforts, formal dispute resolution processes may be available through the relevant authority in your state or territory.
The exact process varies by jurisdiction, but typically involves mediation, tribunal applications, or enforcement mechanisms under legislation.
Neighbour disputes can become more difficult when emotions take over.
Where possible, focus on the behaviour rather than the person. A clear explanation of what’s happening and how it’s affecting you is often more productive than assigning blame.
When neighbour behaviour starts affecting your home, one of the first questions people ask is: Is this actually against the rules?
Your scheme’s by-laws or building rules are usually the starting point. They help set expectations around issues such as noise, parking, pets, renovations, and the use of common property.
In addition to scheme rules, each state and territory has legislation addressing nuisance behaviour and unreasonable interference with other residents.
The exact wording differs across jurisdictions, but the principle is generally the same: residents should use their home and common property in a way that doesn’t unreasonably affect others.
The Unit Titles Act 1975 requires residents to avoid behaviour that creates a nuisance, a safety issue, or an unreasonable disturbance for others, whether in private areas or shared spaces.
The Strata Schemes Management Act 2015 requires residents and visitors not to create a nuisance or hazard for others. This can apply to issues such as excessive noise, smoke drift, or behaviour that unreasonably affects neighbouring homes.
Section 167 of the Body Corporate and Community Management Act 1997 prohibits behaviour that causes a nuisance or creates a safety risk. This includes activities that interfere with another resident’s use and enjoyment of their home or common property.
The Strata Titles Act 1998 requires residents to take reasonable steps to avoid creating a nuisance for others. This includes how homes are used and how activities impact neighbouring residents.
The VIC Owners Corporations Regulations 2018 includes rules aimed at preventing residents and guests from creating noise or behaving in a way that unreasonably interferes with others or impacts the use of common property.
Get a practical introduction to by-laws and building rules, including how they help residents, committees, and communities navigate day-to-day living.
Most residents aren’t intentionally causing problems. In many cases, people simply do not realise how their actions may affect those around them.
A little awareness can go a long way towards maintaining positive relationships within your community.
Some helpful habits include:
Sound often travels further than people expect in shared buildings.
This includes noise, smoke, odours and the use of balconies or common areas.
Knowing what is expected can help avoid misunderstandings.
They're often subject to the same obligations as owners.
Not every inconvenience is a by-law or building rule breach.
Your committee or strata, owners corporation, or body corporate manager may be able to provide guidance.
Clear, practical by-laws or building rules help residents understand what’s expected and give committees a framework for addressing issues when they arise. Regular reviews can also help identify outdated provisions and keep rules aligned with the needs of the community.
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Most neighbour concerns can be resolved through communication, understanding, and a shared awareness of the rules that apply within a community.
Knowing the difference between everyday disturbances and ongoing nuisance behaviour can help you decide when it’s appropriate to take action and what steps to take next.
Whether the issue involves noise, parking, smoke drift or another recurring concern, understanding your scheme’s by-laws or building rules provides a practical starting point. In many cases, addressing concerns early and respectfully can prevent them from becoming larger disputes.
At its best, community living is about people sharing space considerately and finding practical ways to live alongside one another.
This article is edited by Lauren Shaw Regional General Manager and Licensee-in-Charge on July 2026.
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