Annoyed by the noise caused by neighbours? A guide to property rights in respect of excessive noise pollution in New South Wales

Noise is possibly the most common source of contention between neighbours. Top of the list, more often than not, are barking dogs, intruder alarms and noise from vehicles.

In residential areas of NSW, noise restrictions apply with regard to the type, timing and frequency of excessive or offensive noise. The local council and the Environment Protection Agency (EPA) have rules about when people can make noise, especially when it involves power tools, building work and operating machinery.

Neighbourhood disputes are not uncommon. At Szabo & Associates Solicitors, we can help you ensure your dispute is resolved in the best possible way. We can advise you on your rights, answer any legal questions, write letters of complaint, and help complete the forms you may need to submit to a government agency or represent you in Court or Tribunal if that proves necessary.

Offensive noise

The Protection of the Environment Operations Act 1997(NSW) defines offensive noise and specifies when noise should not be heard by neighbours. Offensive noise is noise that:

• by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances is harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted, or interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted, or
• is of a level, nature, character or quality prescribed by the regulations or that it is made at a time, or in other circumstances, prescribed by the regulations.

An offence is committed when the noise continues after a warning has been given by the relevant local council, police or an Environment Protection Agency officer.

Noise restrictions in New South Wales residential areas

Within NSW, the EPA, local council and police, regulate noise. Neighbourhood noise is controlled under the Regulations or, in the case of animals, noisy pets are regulated by the Companion Animals Act 1998.

Time restrictions are placed on particular noise-generating items. Examples include the following:

 

Noise Regulation	Prohibited Times
Power tools, including garden equipment	Before 8am and after 8pm on weekends and public holidays Before 7am and after 8pm on other days
Music (or other amplified noisefrom an electronic device)	Before 8am and after midnight on any Friday, Saturday or day before a public holiday Before 8am and after 10pm on other days
Air conditioners and water heaters	Before 8am and after 10pm on weekends and public holidays Before 7am and after 10pm on other days
Refrigeration (fitted to motor vehicles)	Before 8am and after 8pm on weekends and public holidays Before 7am and after 8pm on other days
Motor vehicles (except when entering or leaving residential premises)	Before 8am and after 8pm on weekends and public holidays Before 7am and after 8pm on other days

What can be done about annoying noise?

First off, try keeping it neighbourly. If the issue is general day-to-day noise causing frustration, it is best to try and have a conversation, as sometimes neighbours are unaware of their impact on others. If, however, you cannot discuss the issue amicably to resolve the matter and your neighbour is producing unreasonable levels of noise outside the permitted hours, you have the right to contact the local council or the police.

A further step to try is to contact a Community Justice Centre to try and resolve the dispute through mediation.

It can be useful to keep a record of the date, time and duration of the noise, which can be helpful when making a complaint to the authorities.

Enforcement Orders

There a number of options available to the authorities when noise restrictions are not adhered to.

A local council officer can serve a notice on a resident requiring them to control noise. A prevention notice says what a person must do to prevent or stop the offending noise. A noise control notice limits the amount of noise allowed and may restrict activities to certain times of the day. Failure to obey a notice can result in a fine or prosecution. Those persons receiving a notice can appeal against it.

You can also seek a noise abatement order from the local court. This can be issued when other methods to stop the offensive noise have failed. Breaching a noise abatement order is a criminal offence.

For a one-off problem such as a party, you can contact the police, who can issue a noise abatement direction directing the persons to stop making the noise. It can remain in force for up to 28 days and cannot be appealed.

Under the 1998 Act, fines can be imposed on pet owners whose pet becomes a nuisance, such as a dog barking at night.

Resolving issues in strata schemes

If you live in a block of apartments, you can complain about a neighbour's noise to the building owner's corporation. By-laws apply to these schemes, which often include a by-law about noise. You can contact the building's strata committee, as representatives of the owner's corporation, if the neighbour does not respond to your requests. If necessary they can issue a notice to comply with a by-law. If the noise occurs again within 12 months, the owner's corporation can apply to the NSW Civil and Administrative Tribunal for a legally enforceable order to stop and fine the offender.

Non-residential noise issues

Non-residential noise can come from various sources, including industrial works, transport, construction, and sporting and entertainment venues. The source will dictate who best to contact. In the case of industrial complexes, this would be the EPA Environment Line or the local council for sporting and entertainment venues.

Contact our Environmental Lawyers based in Sydney, NSW

Everyone has the right to enjoy their property without that right unreasonably being interfered with. If you require assistance, please contact us on 02 9281 5088 or use the online contact form.