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Nuisances and hazards in a body corporate

People who live in a place that has a body corporate are responsible for their own—and their guests’—behaviour on a lot or the common property.

This information explains how their behaviour can be regulated in different types of bodies corporate—especially if there is no registered by-law about the behaviour.

You can also read about:

Nuisances and hazards in community titles schemes

This information applies to bodies corporate within a community titles scheme that have a community management statement (CMS) registered under the Body Corporate and Community Management Act 1997 (BCCM Act).

If you’re not sure whether your body corporate has a CMS registered, contact Titles Queensland.

In bodies corporate with a CMS, occupiers (tenants or owners) must not use the lot or the common property in a way that:

  • causes a nuisance or a hazard
  • interferes unreasonably with the use or enjoyment of
    • another lot in the body corporate
    • the common property if the person is there lawfully.

They also cannot allow another person (such as a visitor) to use a lot or the common property in this way.

Smoking

An occupier or their guest must not cause a nuisance or hazard by smoking. They breach section 167 of the BCCM Act if they cause a nuisance or hazard by:

  • regularly using a smoking product on the lot or common property

and

  • regularly exposing an occupier of another lot or their guest, or a person who is lawfully on the common property, to the smoke or emission from the smoking product either on
    • the lot
    • the common property.

Read about how smoking can also be regulated by making a body corporate by-law.

Committee members causing a nuisance

Under their code of conduct, a voting committee member must not:

  • cause a nuisance on scheme land
  • otherwise behave in a way that unreasonably affects a person lawfully using or enjoying of a lot or the common property.

See schedule 1A, item 5 of the BCCM Act.

Read about removing committee members if they breach the code of conduct.

Authorised letting agent causing a nuisance

Under their code of conduct, an authorised letting agent must not:

  • cause a nuisance or hazard on body corporate land
  • interfere unreasonably with the use or enjoyment of
    • a lot
    • the common property if a person is there lawfully
  • otherwise behave in a way that unreasonably affects a person lawfully using or enjoying a lot or common property.

See schedule 3, item 7 of the BCCM Act.

Read about remedial action notices if a letting agent is breaching the code of conduct.

Nuisances under other Acts

This information only applies to these bodies corporate (under other Acts):

Higher-level bodies corporate can be:

  • a community or precinct body corporate under the MUD Act
  • a principal or primary thoroughfare body corporate under the IRD Act and SCR Act.

Nuisances or hazards

Owners, occupiers or lessees in a subsidiary body corporate under the BUGT Act must not use the lot or the common property in a way that:

  • causes a nuisance or a hazard
  • interferes unreasonably with the use or enjoyment of
    • another lot in the body corporate
    • the common property if a person is there lawfully.

They also cannot allow another person (such as a visitor) to use a lot or the common property in this way. See Section 51(1)(b) and (c) of the BUGT Act.

Smoking is not regulated under the BUGT Act, MUD Act, IRD Act, or the SCR Act.

Authorised letting agent causing a nuisance

A letting agent authorised by a higher-level body corporate must not:

  • cause a nuisance or hazard on body corporate land
  • interfere unreasonably with the use or enjoyment of
    • a lot
    • a person who is lawfully on the common property
  • otherwise behave in a way that unreasonably affects a person lawfully using or enjoying a lot or common property.

Read the letting agent code of conduct in:

See the definition of a letting agent in:

Examples of nuisances or hazards

People who live in a place that has a body corporate should consider if their behaviour or actions will either:

  • cause a nuisance or hazard
  • interfere unreasonably with other people using or enjoying a lot or common property.

Some examples of when this might happen include:

  • renovations causing noise, vibration or dust
  • unreasonable noise from other activities
  • access to common property being obstructed
  • antisocial behaviour
  • odours
  • glare (or bright reflections).

Disputes about nuisances or hazards

If you believe another person is causing a nuisance or hazard, you must try to resolve it with them first before taking any other dispute resolution steps.

You must communicate with the other person—preferably in writing, as this may be needed as evidence of self-resolution later. You may wish to document the person’s behaviour. This can help you demonstrate the behaviour is repeated and ongoing.

Disputes under the BCCM Act

You can apply for conciliation against another occupier if self-resolution has failed.

If the person is breaching a registered by-law, follow the process to enforce a by-law under the BCCM Act.

Disputes under the BUGT Act

You may be able to apply for a referee order if you cannot resolve a dispute about another person causing a nuisance or a hazard, or interfering unreasonably with the use and enjoyment of a lot or the common property.

If the person’s behaviour is breaching the body corporate’s by-laws, you can write to the committee and ask them to enforce the by-laws under the BUGT Act.

Bullying and harassment

The body corporate legislation in Queensland does not cover or define bullying and harassment within any type of body corporate. Our office cannot deal with a dispute about bullying or harassment as there is no breach of the BCCM Act or other body corporate Acts. Bodies corporate may choose to regulate certain behaviours by making by-laws.

If the person’s behaviour is breaching the body corporate’s by-laws, you can:

  • enforce the by-laws under the BCCM Act
  • write to the committee and ask them to agree to enforce the by-laws under other Acts.

Bullying in a workplace

A body corporate which has engaged a caretaker or another type of contractor or employee may become a workplace under the Queensland workplace health and safety laws. You can confirm with Worksafe Queensland whether your body corporate is a workplace.

If your body corporate is also a workplace, you can read more about bullying in a workplace.

Last updated:
26 June 2024
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