Imagine this: You find your dream home; you’re finally a property owner. But you soon realise that your neighbours like play the bagpipes late into the right. What can you do?
Unreasonable noise from disruptive next-door neighbours can make it hard to work from home or put kids to bed. And it can seem like it's completely out of your control, but you have rights.
Constant lawn mowing, rowdy parties or a barking dog? Here’s everything you need to know about sound restrictions and how they’re enforced in each state in Australia.
How to deal with regularly disruptive or noisy neighbours in Australia
Speak to your neighbour
The first step, assuming you feel safe doing so, is to speak to your neighbour about the noise problems. You might think that this is too confrontational or uncomfortable, but it is often the quickest and easiest route to resolution.
Often, neighbours don’t know that they are causing a disturbance and will make an effort to reduce their noise going forth.
When going to your neighbour to address a noise issue, it is important to:
- Be level-headed and open to compromise - you have a reasonable right to peace, just as they have a right to listen to music or mow their grass.
- Do not engage in an argument if the neighbour reacts poorly.
- Never threaten or escalate to aggression.
- Don't engage in any illegal activity to get your point across, such as trespassing on your neighbour’s property.
Keep a record of the disturbances
If the unreasonable noise continues after you have spoken to your neighbour, make sure you keep a detailed record of the disturbances, including:
- What it was and where it happened
- How you were negatively impacted
- What action you took - e.g. reported to local council.
Know your property rights in your state and the best course of action to take
Before immediately jumping to action, it’s good to know the actual legal noise restrictions in place in your area. While some noises are irritating, they’re not always illegal - depending on the day, time and type of noise.
If you’ve done the mature thing and spoken to them in person, and you think your neighbour is still in breach of local noise restrictions, then it’s probably time to report it to the appropriate authority.
Also, if you live in an apartment, it is a good idea to check your strata by-laws and take your excessive noise complaint to the building’s body corporate.
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Noise restrictions state by state
New South Wales (NSW) noise restrictions
Within NSW, the Environmental Protection Authority (EPA), alongside the local government and police, regulate residential noise.
Neighbourhood noise is controlled under the Protection of the Environment Operations Act 1997 (Noise Control).
Loud noise-creating actions are limited to specific times. More uncontrollable noise, such as a pet, is covered by the Companion Animals Act 1998.
- Power tools, pumps (water and heating)
Monday - Friday 8 pm-8 am
Weekends and Public holidays 8 pm-7 am
- Music (or other amplified noise from an electronic device)
Monday - Thursday 10 pm-8 am.
Friday, Saturday, Sunday and Public holidays Midnight - 8 am
- Air conditioner
Monday - Friday 10 pm-7 am
Weekends and Public holidays 10 pm-8 am
- Motor vehicles
Monday - Friday 8 pm-7 am
Weekends and Public holidays 8 pm-8 am
- Refrigeration (fitted to motor vehicles)
Monday - Friday 8 pm-7 am
Weekends and Public holidays 8 pm-8 am
How do I report excessive noise from my neighbour in NSW?
- If there is a loud party that has exceeded the time restrictions, you have the right to call the police.
- If your neighbour is creating excessive noise with power tools or forms of machinery, you can contact either your local council or EPA.
- Contact a Community Legal Centre for free legal advice and resolve the dispute with your neighbour through mediation.
- If you have taken the above steps and the noise levels are still creating a problem, you can take the issue to the local court or, depending on the circumstances, the NSW Civil and Administrative Tribunal.
- For a fee, you can seek a noise abatement from the local court.
Victoria (Vic) noise restrictions
The Victorian government restricts noise in residential areas by enforcing time frames.
- Motor vehicles and lawnmowers
Monday - Friday 8 pm-7 am
Weekends and Public holidays 8 pm-9 am
- Electric power tools, compressors
Monday - Friday 8 pm-7 am
Weekends and Public holidays 8 pm-9 am
- Heating and swimming pool pumps + vacuum cleaners
Monday - Friday 10 pm-7 am.
Weekends and Public holidays 10 pm-9 am
- Air conditioner
Monday - Friday 11 pm-7 am
Weekends 11 pm-9 am
- Musical instruments, electronic audio equipment (stereos, TV, radio)
Monday - Thursday 10 pm-7 am
Friday 11 pm-7 am
Weekends and Public holidays 11 pm-9 am. Sunday 10 pm-9 am
How do I report excessive noise from my neighbour in Victoria?
- If your neighbour is creating unreasonable noise or in breach of the above rules, you can reach out to the local council or police station. These authorities can abate the noise by requesting that the neighbour stop the disruptive action for 72 hours. If your neighbour does not comply with the direction given by the local council or police, they are subject to an on-the-spot fine.
- If this does not end the excessive noise, alert your local council. They are obliged to take up a noise investigation, where they can take necessary action in accordance with the Public Health and Wellbeing Act 2008.
- You and your neighbour can engage The Dispute Settlement Centre of Victoria, which offers free dispute resolution between two willing parties.
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South Australia (SA) noise restrictions
Noise in SA is far less restricted than in other Aussie states. Disturbances become an issue when it regularly prevents residents from enjoying their environment, indoors or outside. When noise is excessive, then it is best to reach out to a local authority.
- Fixed domestic machinery, such as air conditioners, pool pumps
Between 7 am-10 pm on any day (Must not exceed 52 dB(A))
Between 10 pm-7 am on any given day (Must not exceed 45 dB(A))
- Non-fixed domestic machinery (i.e lawn mowers, power tools, etc)
Between 9 am-8 pm on Sundays (Must not exceed 60 dB(A))
Between 8 am-8 pm on all other days (Must not exceed 60 dB(A))
- Music
Up to the discretion of neighbours, police and local council, but should not exceed 8 dB above background noise.
How do I report excessive noise from my neighbour in South Australia?
- Seek Community Mediation Services if both parties are willing to agree.
- If persistent noise is caused by air conditioners, power tools or other equipment within these categories, reach out to the Environmental Protection Authority (EPA).
- If the noise sounds possibly violent and threatening to any person’s safety, it is recommended you immediately contact the police.
- If the noise is pet related, contact the local council or the RSPCA.
Western Australia (WA) noise restrictions
In WA, The Environmental Protection (Noise) Regulations 1997 (the Regulations) set different permitted levels depending on the time of day.
- Electric power tools, noisy equipment (no more than two consecutive hours)
Monday - Saturday 7 am-7 pm
Sunday and Public holidays 9 am-7 pm
- Loud sporting equipment (no more than two consecutive hours)
Monday - Friday 10 pm-7 am.
Weekends and Public holidays 10 pm-9 am
- Musical instruments, electronic audio equipment (no more than one hour)
Monday - Saturday 7 am-7 pm
Sunday and Public holidays 9 am-7 pm
How do I report excessive noise from my neighbour in Western Australia?
- If the situation does not change after a reasonable conversation, you may lodge a complaint with your local council. It helps to have a written record of the repeated disruptions for at least a fortnight.
- The council will inform the neighbour that they are in breach of regulation. If this fails to stop the repeated noise, they do have the authority to issue a fine, seize the offending equipment or undertake legal action.
- If it is a severe one-off noise offence, such as a loud party or argument, it is best to contact the police.
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Queensland (QLD) noise restrictions
Like other Australian states, there are set time restrictions on noise within Queensland. However, there is also a general guideline of under 40 dB of noise within residential areas enforced.
- Air conditioners
Must not exceed 5 dB (A) 7 am-10 pm
Must not exceed 3 dB (A) 10 pm-7 am
- Lawn mowers
Must remain between 65-90 decibels at all times
Sound amplifying device (speakers, stereos, etc)
Prohibited Monday through Friday 10 pm-7 am
Prohibited 10 pm-8 am Saturday, Sunday and Public holidays.
- Pumps
Must not exceed 5 dB (A) 7 am-7 pm
Must not exceed 3 dB (A) 7 pm-10 pm
Prohibited 10 pm and 7 am
- Refrigeration
Must not exceed 5 dB (A) 7 am-10 pm
No more than 3 dB (A) 10 pm and 7 am.
- Tools, power tools, other machinery
Prohibited Monday-Friday 7 pm-7 am
Prohibited Sundays and Public Holidays 7 pm - 8 am
How do I report excessive noise from my neighbour in Queensland?
- Report the disturbance to your local council. The Environmental Protection Act 1994 provides local council with the authority to investigate noise complaints.
- Seek mediation assistance with your neighbourhood dispute from the Dispute Resolution Centre.
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Northern Territory (NT) noise restrictions
The NT has very few specific restrictions on noise.
Any domestic noise-emitting activity
Monday-Saturday 7 am-7 pm
Sundays and Public holidays 9 am-6pm
Music (incl. Musical instruments and sound-amplifying devices)
Fridays, Saturdays, or any day before a Public holiday 8 am to midnight onwards
Any other day 8am - 10 pm
How do I report excessive noise from my neighbour in NT?
- If you have persistent issues with barking dogs, speak to your local council.
- Contact the Department of Lands, Planning and the Environment or the Motor Vehicle Registry. for complaints relating to a motor vehicle.
- If your neighbours frequently use noisy domestic equipment (leaf blowers, etc.), contact the Environment Protection Authority (EPA).
Tasmania (Tas) noise restrictions
Tasmania EPA aims to take a friendly approach to noise management, stating that “a person’s use of noise-making equipment, as well as their recreational activities, must not unreasonably interfere with their neighbour’s wellbeing...to use both indoor and outdoor spaces on their property.”
Despite this principle, there are time and day limitations on certain noise-making activities around residential property.
- Powered garden equipment (lawnmowers, etc.)
Monday-Friday 7 am-8 pm
Saturdays 9 am-8 pm
Sundays and Public holidays 10 am-8 pm
- Chainsaws (Only allowed to be used one day per week.)
Monday-Friday 7 am-6 pm
Saturdays 9 am-6 pm
Sundays and Public holidays 10 am-6 pm
- Music (and sound-amplifying equipment)
Monday-Thursday 7 am-10 pm
Fridays 7 am-midnight
Saturdays 9 am-midnight
Sundays and Public holidays 10 am-10 pm
- Motor vehicles and outdoor motors
Monday-Friday 7 am-6 pm
Saturdays 9 am-6 pm
Sundays and Public holidays 10 am-6 pm
- Pumps, compressors, cement mixers and other equipment
Monday-Friday 7 am-6 pm
Saturdays 8 am-6 pm
Sundays and Public holidays 10 am-6 pm
- Mobile machinery, forklifts, trucks
Monday-Friday 7 am-6 pm
Saturdays 8 am-6 pm
Sundays and Public holidays 10 am-6 pm
How do I report excessive noise from my neighbour in Tasmania?
- Contact your local police or council. Even if the noise is created by a listed action during its allotted time, it can still be deemed excessive if it is unreasonably disruptive.
- Additionally, noise not specified above by the Noise Regulations Section 53 of the Environmental Management and Pollution Control Act 1994 can be assessed by a local authority as a nuisance.
