airbike.com.auBlade 5 of 6
Exercise noise in apartments
In a New South Wales strata scheme, noise is governed by your scheme’s by-laws and your council’s rules, and NSW Fair Trading’s first step is a friendly word with the neighbour. If that fails, a complaint can move through the owners corporation, a notice to comply and free mediation with NSW Fair Trading, and finally to the NSW Civil and Administrative Tribunal.
General information, not legal advice. airbike.com.au is a guide published by Dotto. This page describes New South Wales law only, from NSW Fair Trading’s strata pages and the NSW legislation they rest on. Check your own scheme’s by-laws, because they differ from building to building.
What the law says about noise
Two layers apply in a NSW strata building. The first is the Strata Schemes Management Act 2015. Section 153(1)(a) says an owner, tenant or occupier must not use or enjoy their lot “in a manner or for a purpose that causes a nuisance or hazard to the occupier of any other lot (whether that person is an owner or not)”.
The second is the scheme’s by-laws. The NSW Government publishes model by-laws as templates, and owners corporations often adopt them and then change or add to them. The model by-law on noise for residential schemes, clause 6 of Schedule 3 to the Strata Schemes Management Regulation 2016, reads:
“An owner or occupier of a lot, or any invitee of an owner or occupier of a lot, must not create any noise on a lot or the common property likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.”
The same regulation keeps a separate set of by-laws in Schedule 2, headed “By-laws for pre-1996 strata schemes”. Its first by-law, clause 1, is also about noise, in much the same terms as the model by-law above; its floor coverings by-law, clause 14, asks owners to cover or treat their floors well enough to stop noise passing through that is likely to disturb another lot, leaving out kitchens, laundries, lavatories and bathrooms.
Councils add a third layer: your local council has its own rules on what noise is acceptable and at what times.
Whose noise counts
NSW Fair Trading is candid that people differ on what noise is acceptable, and on how long it can go on before it becomes a problem. Its list of common complaints is barking dogs, power tools, loud music, alarms, construction and noisy cars. Exercise equipment isn’t on that list. Whether a particular sound breaks a rule depends on the by-laws and the council’s rules, and Fair Trading notes that not every noise does.
How a complaint moves
A conversation
If you know who is making the noise, talk to them, kindly. They may not realise they are disturbing you, so give them a chance to fix it or to talk about what can be done. Even where no rule is broken, Fair Trading says they should still consider the complaint.
The scheme’s own process
If talking doesn’t settle it, ask a strata committee member or the strata manager whether the scheme has an internal dispute process, and what it involves.
The owners corporation
If you can’t tell where the noise comes from, or talking hasn’t worked, speak or write to the strata manager or the owners corporation’s secretary. A tenant goes to their landlord or leasing agent, who can raise the complaint for them.
A notice to comply
The strata committee or strata managing agent looks into whether the by-laws are being broken. If they are, and it has the delegation to do so, it can issue a notice to comply, which warns that further noise may go to the Tribunal. The notice can be sent by post or email and has to name the by-law that was broken.
Mediation
If there’s no internal process, or it hasn’t helped, anyone in the dispute can contact NSW Fair Trading, which runs a free mediation service for strata residents, owners and managers. The online application takes about 15 minutes and asks for your details, the other person’s details, your strata plan number and any documents you want to attach.
If mediation doesn’t resolve a by-law breach, the scheme, acting through its owners corporation, strata committee or strata manager, can apply to the NSW Civil and Administrative Tribunal for a decision on whether the by-law was breached. As at October 2026, the Tribunal can make orders and fine up to $1,100; for a continuing breach, a further fine of up to $2,200; and up to $5,500 where an earlier order wasn’t followed.
An example, step by step
Example only
A resident rides an air bike early each morning, and the neighbour below hears it through the ceiling. The neighbour starts with a conversation, as Fair Trading suggests; the rider hadn’t realised, and the two agree on a later start. Had that not worked, the neighbour’s next steps would be the scheme’s internal process, then a letter to the strata manager, who would check the scheme’s registered by-laws before deciding whether a notice to comply was warranted.
Finding your scheme’s by-laws
- Owners and residents usually get a copy on moving in; otherwise ask the strata committee secretary or the strata manager, or buy one from an NSW LRS-approved information broker.
- Tenants must be given the by-laws by the agent or landlord before signing the lease.
- Buyers find them attached to the contract of sale.
When the by-laws change, a tenant must be given a new copy within 14 days of the change taking effect. Bought your bike recently? The rights that came with it are in Buying exercise equipment: your rights.