Noise can be annoying and disturbing, especially if it continues to be loud and intrusive. A legal nuisance involves a substantial, unreasonable and repeated interference with the use of your property from a neighbour.
When dealing with noisy neighbours, the ideal approach is to talk to your neighbour and work together to find a solution. Sometimes noisy neighbours are not aware that they are making unreasonable noise, or that they are annoying or disturbing you. Often talking to them can lead to changes that benefit you both.
If talking to your neighbour does not resolve the problem, you have other options available. For more information on dispute resolution, please see Dispute Resolution.
More information about noise and the permitted residential noise times is available on the Environment Protection Authority's website.
Types of Noise Issues
The Environment Protection Act 2017 makes it an offence to cause ‘unreasonable noise’ from any residential premises. Residential noise may be unreasonable at any time of the day, depending on its volume, intensity and duration, and the time, place and other circumstances in which it is emitted.
The Environment Protection (Residential Noise) Regulations 2018 are a guide as to the times of day certain noises may be considered unreasonable.
Noise from music/parties that occurs after-hours should be referred to police as they can deal with the noise as it happens if they deem it to be unreasonable.
For more information on prohibited times for noise, please see the Environment Protection Authority website.
We expect builders on residential and commercial construction sites to work within specified work hours to reduce the impact on nearby properties. Read more at Construction Works.
Commercial & Industrial Noise
Commercial and industrial noise is primarily investigated by the Environment Protection Authority.
Factors considered include:
- Level of the noise
- Amenity of the area
- Any permit/s a company has allowing them to operate
For more information, please see the EPA website: Commercial and Industrial Noise.
If you have a concern about excessive noise from commercial or major industries, please contact the EPA directly on 1300 372 842.
We suggest you and your neighbour arrange a way of contacting a person who can access your house in your absence and turn off the alarm.
For continued alarm noise, please contact local police.
What can Council do about noise issues?
Council may be able to take action under the nuisance provisions of the Public Health and Wellbeing Act 2008 or for residential noise under the Environment Protection (Residential Noise) Regulations 2018.
Council's Public Health Unit is able to provide you with advice regarding noise issues - call 9518 3555 or email firstname.lastname@example.org