Applying for a noise order

Noise abatement order

A noise abatement order is a court order given to a person making the noise or the occupier of any property that the noise is coming from. The order requires the person to stop making the type of noise described in the order.

An order made by the court operates from when it is made, unless a later day is set in the order, and lasts until it is revoked (cancelled) by the court.

Before you go to court, you should think about whether there is a better way to resolve the problem such as negotiation or mediation. 

Going to court will cost you time and money and can affect your relationship with your neighbour. 

For more information, see Talking to your neighbour.

Applying for an order

You can apply for a noise abatement order at your nearest Local Court. You will need to fill in a form and file it at the court.

After you have filed your application, you will be referred to as the applicant and your neighbour will be the respondent.

For more information, see Step by step guide - Applying for a noise abatement order.

Mention

After you file your application notice, the court will give you a court date. This is the mention date.

It is usually a few weeks after you file your application.

The mention will be the first time you and your neighbour have to go to court.   

The mention is where the court makes orders to prepare your case for a hearing. It may also be a chance to discuss settlement of your case.

For more information, see Mention for a noise abatement case (applicant).

Noise abatement hearing

After you apply for a noise abatement order, you will need to prepare your case.

You may need to:

• ask for an adjournment
• gather your evidence
• review your neighbour’s evidence
• apply for subpoenas
• follow any directions made by the Court
• plan what to say at the hearing.

For more information, see Step by step guide – Prepare for a noise order hearing.

Once you have prepared your case the next step is to attend the hearing and present your case.

Your case will run more smoothly if you know some of the rules about what to say and do in the courtroom and you understand the steps of the hearing. Sometimes you or the other party may need to postpone the hearing to another date. This is called an 'adjournment'.

The Court will make a noise abatement order if it is satisfied on the balance of probabilities that:

• the offensive noise exists, or
• the noise is likely to reoccur.

For more information about what happens at the hearing, see Step by step guide - Hearing noise order application.

Offensive noise

Offensive noise is noise that:

• is harmful or likely to be harmful to a person outside the premises where the noise is coming from, or
  
• interferes unreasonably or is likely to interfere unreasonably with the comfort or repose (relaxation) of a person outside the premises where the noise is coming from.
  

The court may consider things like:

• the volume of the noise
  
• how loud the noise is compared to other noise in the area
  
• if the noise has any irritating characteristics, for example, if it is high pitched
  
• the time the noise occurs
  
• the frequency of the noise
  
• how long the noise lasts
  
• the effect the noise has on you and other people in your area.
  

The evidence you present at the hearing should be about these factors.

Costs

After the court has made a decision in your case, it will also make an order about costs.

If you win

If you are successful in your application for a noise abatement order, you can ask the judge to order your neighbour to pay your legal costs.

This may include the costs of having a lawyer (if you had one), and any costs of gathering evidence, for example, the cost of getting a noise expert. 

If you lose

If you are unsuccessful in obtaining a noise abatement order, the judge may order you to pay your neighbours legal costs in preparing for the hearing.

Your neighbours costs may include their legal fees if they had a lawyer representing them, as well as any costs for collecting evidence, for example the cost of getting a noise expert.

After the hearing

If the court makes a noise abatement order, it comes into force immediately or on the date specified in the order.

Your neighbour must follow the order while it is in force. If they don’t, they may be committing a criminal offence. You may need to contact the Environmental Protection Agency or your Local Council to enforce the order.

The court may also order your neighbour to pay your legal costs.

If your application is dismissed an order will not be made, and you may be ordered to pay some of your neighbour's legal costs.

If you are not happy with the court's decision, you may be able to appeal to the NSW Land and Environment Court within 21 days of the decision.

 Before you appeal, you should get legal advice. If your appeal is unsuccessful, it is likely that you will be ordered to pay your neighbours legal costs.

You or your neighbour may be able to apply to the Local Court to vary (change) or revoke (end) the order.

For more information, see Varying, revoking or appealing a noise abatement order.

If your neighbour breaches an order

A noise abatement order takes effect:

• immediately after it has been made, or 
• on a date stated in the order. 

Unless the order specifies an end date, it continues to apply until it is revoked (cancelled) by the court.

If a noise abatement order is made and served (given) on your neighbour, they must stop making the type of noise specified in the order. If your neighbour continues to make the noise they may be breaching (breaking) the order. It is an offence to breach a noise abatement order.

The Environmental Protection Agency, the local council or the police have the power to prosecute a breach of a noise abatement order. You may contact one of these agencies and show them a copy of the order. They may charge your neighbour with a criminal offence for breaching a noise abatement order.

If your neighbour is charged they will have to go to court to defend the charge. At the court hearing the judge must decide whether they continued to make noise in breach of the order.

If the judge is satisfied beyond a reasonable doubt that they did breach the order, your neighbour may have to pay a fine.  

If you were the applicant for the noise abatement order, you may prosecute the breach of the order yourself. Before taking this step you should get legal advice. If you are unsuccessful, you risk an order that you pay the other side's legal costs.

Last updated: August 2026