NSW: Q&A Water Dripping Over Balcony From the Neighbour Above

Question: How can I stop my upstairs neighbour from washing down their outdoor area, sometimes with bleach, causing water dripping over my balcony? This disturbs the use of my property. What rights do I have to make them stop?

Answer: Your neighbour may not use their lot in such a way that causes nuisance or hazard to you.

You should first check the by-laws applicable to your scheme. Some newer schemes have by-laws which regulate water run-off balconies and the types of products which may be used when cleaning outdoor areas. Irrespective of the existence of a by-law, the water escape will likely constitute a nuisance/hazard under the strata legislation which basically states that your neighbour may not use their lot in such a way that causes nuisance or hazard to you.

You should also contact your strata manager and explain your situation, who will hopefully issue a letter to encourage your neighbour to stop causing you nuisance/hazard.

For the full question and our detailed response, visit the original publication at Look Up Strata. Do you have a question relating to your property or development? Contact us!

Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.