Strata & Building Management
What evidence a noise complaint needs before anyone will act on it
The prescribed by-laws already specify noise standards — by-law 8(8) prohibits use causing nuisance or danger, by-law 10 requires electronic or musical sound to be kept at low volume after 11:00 p.m., and by-law 24 restricts children creating noise on common property. There is no decibel standard in the Act or regulations. Enforcement relies on documented evidence: dated logs with times, second-party corroboration, written complaints to management, and their replies.
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Best for
Risk level
Buyer action
| Best for | Residents in a neighbour dispute, and buyers weighing high-rise living against landed on quality-of-life grounds. |
|---|---|
| Risk level | Low-Medium |
| Buyer action | Send Lewis your building name, the charge you pay and what you are trying to decide, and he will tell you what to check first. |
The rules you already agreed to
What follows takes apart dates, times, duration, a log and a witness beat a decibel app. Build the record before you escalate. High-rise living puts households metres apart with shared structure that conducts sound and vibration. By-laws, not goodwill, do the work.
The by-laws that govern noise
By-law 8(8) prohibits a proprietor from using their parcel in a manner that causes nuisance or danger to other proprietors — a broad catch-all. By-law 10 is more specific: it bans language or behaviour causing offence, embarrassment or nuisance, and expressly requires electronic or musical sounds to be kept at a low volume after 11:00 p.m. By-law 24 restricts children on the common property from creating noise or nuisance. These provisions sit on top of each other: a noise complaint can cite by-law 10 for after-hours amplified music, or by-law 8(8) for any time that causes actual disturbance.
What 'evidence' means in practice
The strata by-laws contain no decibel standard. Proof of a breach rests on showing that the sound caused nuisance or danger — which means showing either that it was audible and disturbing to a reasonable neighbour, or that it fell outside the permitted category (e.g. amplified sound after 11:00 p.m.). A dated log of incidents with times and duration is the foundation: it shows pattern and persistence. A second resident's statement that they heard it is corroboration. Written complaints to the management body, with dates and responses, are critical — they put management on notice and create a record of what management saw and did.
What management can do once you have evidence
By-law 7 allows the management body to impose a fine (up to RM200) for breach of by-laws, determined by resolution at a general meeting. By-law 16(2) allows it to require a persistent offender who has been cautioned to leave the common property immediately. By-laws 16(3) and 16(4) allow it to require the proprietor to remedy the breach and, if they do not, to carry out the rectification at the proprietor's cost and recover it as a debt. So the enforcement ladder has multiple steps: a caution, a fine, a demand to remedy, and finally cost recovery.
Why the Tribunal is useful even if delay is long
Section 105(2) of Act 757 provides that the Limitation Act 1953 does not apply to tribunal proceedings. That means there is no time bar — a complaint brought three years after the first incident is not automatically stale in the procedural sense. However, delay does weaken evidence: a year-old log is less persuasive than a current one, and a second witness who has moved away may be harder to locate. So start the record early, and if the matter goes to tribunal, the tribunal will weigh the delay against the strength of the evidence you have assembled.
Verify this against your own building
Get a copy of your scheme's additional by-laws and the resolution that passed them. A rule that cannot be traced to a properly passed resolution is a request, not an obligation.
Buyer checklist
Decibel levels are not part of the strata by-laws. The test is conduct-based: by-law 8(8) bars using a parcel in a way that causes nuisance or danger to other proprietors. By-law 10 specifically requires electronic or musical sounds to be kept at low volume after 11:00 p.m. To prove a breach, you need a record — dates, times, duration, and ideally a second resident who heard it. By-law 7 allows fines, by-law 16(2) allows requiring a persistent offender to leave, and by-laws 16(3)-(4) allow the management body to rectify and recover costs. At the Strata Management Tribunal, there is no limitation period, so delay does not bar the claim, but it does weaken the evidence.
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| 1 | Start a dated log on the first incident — record date, time, duration, and the nature of the sound. |
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| 2 | Ask a neighbour to listen and corroborate; get their written statement if possible. |
| 3 | Send a written complaint to management with the dates and times of incidents — keep a copy. |
| 4 | Request a written response from management stating what action they will take. |
| 5 | If the breaches persist, repeat the log and complaint process; the tribunal will look at the full record, not just recent incidents. |
Common questions
Is there a decibel limit in the strata by-laws?
No. By-law 10 requires electronic or musical sounds to be kept at 'low volume' after 11:00 p.m., but does not specify decibels. Proof of a breach rests on showing nuisance or danger, not on a noise meter.
What counts as evidence of a noise breach?
A dated log with times and duration, ideally corroborated by a second resident. Written complaints to management with their replies are also important — they establish that management was put on notice.
Can the management body fine someone for noise?
Yes, by-law 7 allows fines up to RM200 for any by-law breach, determined by resolution at a general meeting.
What if the person keeps breaking the by-law?
By-law 16(2) allows management to require a cautioned persistent offender to leave the common property immediately. By-laws 16(3)-(4) allow management to rectify and recover costs as a debt.
Does delay bar a tribunal claim?
No. Section 105(2) of Act 757 provides that the Limitation Act does not apply to tribunal proceedings, so there is no time bar. However, delay weakens the evidence — an old log and a witness who has moved are less persuasive than current ones.
Lewis Chong
REN 69566 · IQI GlobalProperty advisor helping KL, JB, and Penang buyers make data-backed property decisions.
Related reading
Use one buyer framework across different news.
Noise from the unit above: the escalation ladder that actually works
The prescribed by-laws already cover noise: by-law 8(8) bars using a parcel so as to cause nuisance or danger, by-law 10 bans offensive behaviour and requires electronic or musical sound to be kept at low volume after 11:00 p.m., and by-law 24 restricts children creating noise on common property.
Lewis Conclusion
Quote the by-law number in your first written complaint. A letter that says the noise is unbearable invites a debate about tolerance; a letter that says by-law 10 requires sound to be kept low after 11:00 p.m. asks the management to enforce something it already has to enforce.
How your maintenance charge is actually calculated — share units, not floor area
Malaysian maintenance charges are apportioned by allocated share units under the Strata Management Act 2013, not by floor area — s.8(1) sends the computation to the First Schedule, and s.12(3), s.25(3) and s.60(3) apply it through the developer, JMB and MC periods. Here is how to read your own bill and when a different rate is lawful.
Lewis Conclusion
If you only remember one thing: ask for your share unit figure, not your square footage. It is the number that sets your bill and your vote for as long as you own the unit, and it is printed on documents you are entitled to see.
The sinking fund explained
The sinking fund is a statutory capital reserve set at a minimum of 10% of the maintenance charge under ss.12(4), 25(4), 52(3), 61(3) and 68(3) of Act 757. It may only be spent on capital items — painting, replacing fixtures, upgrading common property — and a general meeting may raise the rate but never drop it below 10%.
Lewis Conclusion
Ask two questions before you buy into any high-rise: what is the sinking fund balance, and when were the lifts, the roof and the external paint last done. If the balance is small and those items are old, the shortfall is coming to you as a special levy — it is only a question of which year.
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Start a dated log on the first incident — record date, time, duration, and the nature of the sound.
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Ask a neighbour to listen and corroborate; get their written statement if possible.
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Send a written complaint to management with the dates and times of incidents — keep a copy.
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Request a written response from management stating what action they will take.