Responding to a noise complaint

Responding to a warning

Police, your local council, your landlord (if you are a tenant) or your owners corporation (if you live in strata) may give you a verbal or written warning about noise.

If this happens you should consider the warning carefully and see if there is anything you can do to stop or reduce the noise. A small change in your behaviour may avoid your neighbour taking any further action against you.

If you know where the complaint has come from, try to talk to the person or consider trying mediation to resolve the complaint.

For more information, see Talking to your neighbour.

Breaching noise restrictions

The law sets out what types of noise should not be heard between certain times from inside a neighbour's home. There are also restrictions on amplified noise, power tools, air conditioners, cars and alarms. For more information on noise restrictions, see Noise restrictions.

If you have breached noise restrictions, the police or your local council may issue you with a warning about the breach. 

If you breach the restriction again within 28 days they may give you a penalty notice (fine). If this happens to you, you should get legal advice.

Responding to a noise abatement direction

If your neighbour is bothered by noise coming from you or your property, they may have contacted the police or local council and made a complaint. You may have been given a noise abatement direction. 

A noise abatement direction is a direction requiring you to stop offensive noise. 

A noise abatement direction lasts for up to 28 days from the day it is issued. If you continue to make the type of noise specified in the noise abatement direction during this time, you may be breaching the direction.

You cannot appeal a noise abatement direction. If you feel the direction should not have been made, you may consider writing to the agency that made the direction and ask for the direction to be revoked. 

For more information, see Responding to a noise abatement direction.

Responding to a nuisance order

If your neighbour made a complaint to the local council about noise coming from your dog or cat, you may have been given a notice of intention to issue a nuisance order and then a nuisance order. Before you are served with (given) a nuisance order you will be given notice.

The notice will give you seven days from when you receive the notice to send a letter of objection to the council stating the reasons why you think a nuisance order should not be issued.

The council will consider your objection and make a decision. If the noise continues and/or the council is not satisfied with your letter of objection, the council will issue the order.

For more information, see Responding to a nuisance order.

Responding to a prevention notice

If your neighbour made a complaint to the local council about noise coming from you or your property, you may have been issued with a prevention notice by the council. A prevention notice is used to control actions that are done in an environmentally unsatisfactory manner. This can include noise but also other actions.

A prevention notice tells you what action you need to take to stop, prevent or minimise noise coming from you or your property. For example, the notice may require you to provide noise insulation around the equipment that is creating the noise. 

If you don't agree with the prevention notice, you can file an appeal at the Land and Environment Court within 21 days of being served (given) with the notice.

If you want to appeal the notice, you should get legal advice.

For more information, see Responding to a prevention notice.

Responding to a noise control notice

If your neighbour made a complaint about noise coming from you or your property, your local council may issue you with a noise control notice.

A noise control notice is a notice from your local council that limits certain activities or the use of certain equipment to a particular noise level.

The notice may also set out when the noise can occur, for example, on certain days and/or certain times of the day. It may also set separate noise limits for different periods. If the notice doesn't set different noise limits for different periods, the noise limit applies at all times.

A noise control notice continues to apply until the council varies (changes) or revokes (cancels) it.

If you don't agree with the notice, you can file an appeal in the NSW Land and Environment Court within 21 days of being served with it. If the noise control notice relates to keeping animals you must file any appeal within 7 days of being served with the notice.

If you want to appeal your notice, you should get legal advice.

For more information, see Responding to a noise control notice.

Responding to a noise order

If your neighbour has a problem with you causing noise, they may have applied for a noise abatement order to be made against you at the local court.

A noise abatement order is a court order to stop particular noise.

For more information on how to respond if your neighbour has applied to the local court for a noise order against you, see Responding to a noise order.

Noise complaints in strata

All residents of a strata scheme have the obligation not to cause a nuisance to any other unit. All residents of strata schemes are bound by rules called by-laws. Different schemes have different by-laws, but usually contain by-laws about noise. There may also be by-laws about animals.

Your neighbour may have made a complaint to the owners corporation, managing agent or building manager if they feel you are breaking these rules.

The owners corporation may write to you give you a warning about noise. This is a good opportunity to try and resolve the problem before it goes any further. You can try talking to your neighbours or mediation.

The owners corporation can issue a Notice to Comply with a By-Law. 

If the problem continues, the owners corporation can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order that you pay a fine.

If you get notice that your owners corporation is making an application to NCAT, you should get legal advice.

For more information, see Responding to noise complaints in a strata scheme.

Noise complaints about tenants

All tenants have terms in their residential tenancy agreement (lease) that mean that they must not:

• cause a nuisance, or
  
• interfere with the peace, comfort or privacy of a neighbour.
  

You must also not permit anyone else to do these things, which means that you must not let your visitors or people living with you cause a nuisance or disturb your neighbours.

If you are a residential tenant, your neighbour may have made a complaint about noise to your landlord or real estate agent.

For more information, see Responding to noise complaints about tenants.