Noise restrictions

Offensive noise

Offensive noise is defined in the Protection of the Environment Operations Act 1997. It is noise that in the circumstances (including the level, nature, character or quality or time of the noise) is:

• harmful to (or is likely to be harmful to) a person who is outside the place where the noise is coming from, or
• interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or rest of someone who is outside the place where the noise is coming from. 

For example, a type of noise might be particularly disturbing because it is made during the middle of the night when people are usually sleeping.

Noise from barking dogs and intruder alarms

Noise from barking or howling dogs often cause problems between neighbours.

The Companion Animals Act 1998 regulates pet ownership and outlines when a dog or a cat is a nuisance because of the noise it is making.  A dog or cat meets the legal definition of a ‘nuisance’: 

• if it is persistently making noise, and
  
• the noise unreasonably interferes with the peace, comfort or convenience of any other person in another premises
  

For more information about barking dogs, see Dealing with barking dogs on the NSW Environmental Protection Authority website.

For more information about intruder alarms, see Managing noise from intruder alarms on the NSW Environmental Protection Authority website.

Types of noise and restrictions

Separate to noises that met the legal definition of 'offensive noise', some types of noises have limits on when they are allowed to be loud enough to be heard from inside someone else's home. The table below lists these types of noise and when they must not be heard from inside someone else's home.  

If someone breaches these noise restrictions, the council or police may issue a warning. 

If they breach the noise restriction again within 28 days of the warning, they can be fined. If this happens to you, you should get legal advice.