-
Key issues
- Do you have a noise problem?
- What is causing the noise?
- When is the noise taking place?
- Have you tried mediation?
- Have you contacted the police or Local Council to make a noise complaint?
- Has someone tried to harass, intimidate or threaten you?
- Do you have a problem with a smell, smoke or rubbish?
- Do you want to object to a development?
- Has someone recorded your conversation or used a camera to record something?
- Do you have a problem with a drone?
What can I do if my neighbours are noisy?
If you are concerned about the noise your neighbours are making you can:
- speak to them or write them a letter about your concerns
- complain to the police if the noise is an urgent issue and you need immediate relief, for example, where a house alarm continues, or there is a loud party
- arrange free mediation through a Community Justice Centre
- complain to Housing NSW, if the person making the noise is a tenant of Housing NSW
- contact your landlord or agent if you and your neighbour are renting and have the same landlord
- contact the managing agent or owner's corporation, if you and your neighbour live in strata
- make a complaint to your Local Council.
It is worth trying the above options first, and if you still can't resolve the problem with your neighbour you may need to consider applying for a Noise Abatement Order.
For more information, see Step by step guide - Applying for a noise abatement order on the My problem is about section of our website.
Before applying for a Noise Abatement Order, you should get legal advice.
For more information about dealing with noise disputes in strata, see Strata schemes – Frequently Asked Questions.
For more information, see Preventing neighbourhood noise on the NSW Environment Protection Authority website.
What can I do if my neighbours have a noisy dog?
If your neighbour's dog is noisy, you can:
- talk to the owner - they may not realise their dog is disturbing you
- arrange free mediation a through Community Justice Centre
- complain to your Local Council.
The Local Council may ask you to give evidence of the problem before they decide to investigate. The Local Council may:
- send a Noise Control Notice
- make a Nuisance Order.
For more information, see Dealing with barking dogs on the NSW Environment Protection Authority website.
It is worth trying the above options first, and if you still can't resolve the problem with your neighbour, you may need to consider applying for a noise abatement order.
Before applying for a noise abatement order, you should get legal advice.
For more information on nuisance dog orders, see the Animals topic.
What can the police do about a noise problem?
If you contact the police and complain about a noise problem, they may help to resolve the issue. They may contact the person making the noise, and:
- give them a warning, or
- issue them with a noise abatement direction.
A noise abatement direction is a direction that tells a person to stop making offensive noise. If the direction is breached the person can be fined.
For more information, see Making a noise complaint on the My problem is about section of our website.
Can the Local Council help with a noise problem?
You can make a complaint about a noise problem to your Local Council.
In some cases, they may decide to issue a noise control notice, which aims to control the level of noise or the times when certain activities can be undertaken. For example, they may issue a noise control notice to a person that restricts when they can play a musical instrument to certain hours of the day.
If the person breaches a noise control notice they can be fined.
For more information about your Local Council, see Find Your Local Council on the Office of Local Government website.
For more information, see Making a noise complaint on the My problem is about section of our website.
How do I apply for a noise abatement order?
A noise abatement order is an order from the Local Court that tells someone they can't make certain noise, or restricts how they make noise, for example, only allowing noise to happen at certain times of the day.
To apply for a noise abatement order, you need to file an 'Application Notice to the Local Court - General' and pay the fee.
For more information, see Forms, Fees and Payments on the Local Court website.
The Court will arrange for your application to be served on the other party (the person making the noise). A date will be set for you both to attend court.
You will need to show the Court that the noise you are complaining about is offensive. Usually, you will need evidence of this, which could include getting the noise levels measured, and/or having witnesses attend to give evidence on your behalf.
If the Court agrees that the noise is offensive, it may decide to make a noise abatement order. If the order is breached the person can be charged with a criminal offence.
If you apply for a noise abatement order and are unsuccessful, you may be ordered to pay the other party's legal costs.
Before applying for a noise abatement order, you should get legal advice.
For more information, see Step by step guide - Applying for a noise abatement order on the My problem is about section of our website.
Can I appeal a noise order?
If a noise abatement order is made, you may be able to appeal to the NSW Land and Environment Court within 21 days of the date of the decision.
Filing an appeal will not stop a noise abatement order unless the NSW Land and Environment Court makes an order staying the order. Staying the order means that it is put on hold until the appeal is heard at the Court.
Before you appeal, you should get legal advice. If your appeal is unsuccessful, it is likely you will be ordered to pay your neighbours costs.
For more information, see Varying, revoking or appealing a noise order on the My problem is about section of our website.
Can I apply for an injunction?
If the noise problem is serious, you may be able to apply for an injunction at the Supreme Court of NSW. An injunction is a court order that tells someone to do something, or stops them from doing something.
Applying for an injunction can be complicated and expensive. Before you apply, you should get legal advice.
What if we live in strata?
Usually, people who live in strata title units or townhouses must maintain a certain standard of behaviour. This information can be found in your strata plan.
If you can't resolve your concerns about a noise problem with the person directly, you could also speak to the owner's corporation. You may also be able to apply to have the dispute mediated through NSW Fair Trading.
For more information about strata and community mediation, see Resolving disputes and mediation on the NSW Fair Trading website.
If the noise is a serious problem, you should get legal advice.
For more information about dealing with noise disputes in strata, see Strata schemes – Frequently Asked Questions.
What if I am a residential tenant?
Tenants have an obligation not to disturb their neighbours and landlords have an obligation to do what they can to make sure their tenants have quiet enjoyment of their property. Quiet enjoyment means being able to use your home in peace, comfort and privacy.
If you can't resolve your concerns with your neighbour directly, you may be able to ask your landlord or agent to act.
If your neighbour has the same landlord as you, you can contact the landlord or agent and ask them to contact your neighbour.
If it is your landlord making the noise, you can contact your landlord or agent.
If your landlord doesn't respond to your complaint, you may also be able to make an application to the NSW Civil and Administrative Tribunal (NCAT) for an order and/or compensation.
Before making an application to NCAT, you should get advice from your local tenants advice service.
For more information, see Tenants Advice and Advocacy Services in NSW on the Tenants’ Union of New South Wales website.
What if my neighbours are tenants of Housing NSW?
If the person making the noise is a tenant of Housing NSW, you can contact Housing NSW to discuss your concerns. Housing NSW can investigate your complaint if the person has breached their responsibilities under the tenancy agreement.
For more information, see Neighbours on the Department Communities and Justice website.
When do noise restrictions apply?
There are certain time restrictions when noise from residential premises should not be heard inside a neighbour's residence.
For more detail about these restrictions, see Preventing neighbourhood noise on the NSW Environment Protection Authority website.
How can I stop water flowing from my neighbour’s land?
If the flow of water is caused by a burst sewer main or water main, you should contact your local water utilities provider to report the problem.
If the water from your neighbour’s land is causing damage to your property, you should first try to resolve the dispute with your neighbour through mediation at a Community Justice Centre.
If you are not able to resolve your dispute with your neighbour, you should contact your Local Council. Local Councils have the power to issue an order to take action to stop the water flow.
If your neighbour is deliberately allowing water to enter your land and it is causing damage, you may be able to make a claim for trespass and property damage. If the damage to your land is not deliberately caused by your neighbour, you may make a claim for nuisance or negligence. You can apply to the Supreme Court for an injunction to the stop the activity.
These types of claims in the Supreme Court are complicated. You will need supporting evidence. Before you start a claim in the Supreme Court, you should get legal advice.
What can I do if my neighbour is doing backyard burning?
If you have concerns about your neighbour doing backyard burning, you should try to resolve the issue with them. If you need help in resolving the dispute, you should consider going to mediation at a Community Justice Centre.
If you want to make a complaint you can also speak to your Local Council. In Sydney and some other regions, such as Wollongong and Newcastle, it is an offence to burn household and garden waste in yards.
There are also some days which are declared 'no burn' days by the NSW Environment Protection Authority. This means that no burning can take place on these days. If you want to make a complaint that your neighbour is burning on a 'no burn' day you can speak to your Local Council or the NSW Environment Protection Authority.
For more information, see About No Burn Notices on the NSW Environment Protection Authority website.
If your neighbour is burning when there is a Total Fire Ban, they may be committing a criminal offence.
If you are concerned about your neighbour burning when there is a serious fire risk, you can contact the police, NSW Fire and Rescue or your local NSW Rural Fire Service.
For more information, see Total Fire Ban rules on the NSW Rural Fire Service website.
What can I do about an offensive smell from my neighbour's property?
Your options in dealing with an offensive smell depend on the circumstances. You can:
- speak to your neighbour about your concerns to see if you can resolve the issue
- try mediation at a Community Justice Centre
- speak to your Local Council to see if they can investigate a complaint.
For more information, see Find Your Local Council on the Office of Local Government website.
If you can't resolve the issue after trying these options, you should get legal advice.
What can I do if my neighbour has a build-up of rubbish?
If your neighbour's property has a build-up of rubbish, you could:
- speak to your neighbour about your concerns
- speak to your Local Council.
In some circumstances your Local Council can issue an order in relation to the build-up of rubbish or waste on a property, particularly if there is a health or safety risk.
For more information, see Find Your Local Council on the Office of Local Government website.
Someone is going through my bin and taking rubbish. What can I do?
Prior to the removal of the waste by council, the rubbish in the bin remains your property. However, there is no general protection for rubbish once it is put on the street. The rubbish only becomes the property of council after they collect it from the kerbside.
If someone is going through your bin to collect cans and bottles to claim a refund, and you are not happy about this, crushing the cans or bottles will be a deterrent as they lose their value and can't be returned for cash. If you don't mind giving your cans and bottles away, you might want to consider keeping them in a separate bag for people to collect.
For more information, see the NSW Return and Earn website.
If someone is stalking you, which could include going through your bin regularly, or trespassing on your property, you can report this to the police. What action, if any, the police take will depend on your specific circumstances.
Another option may be to report the matter to your Local Council. The council may be able to fine someone for littering or causing a nuisance.
For more information, see Find Your Local Council on the Office of Local Government website.
Can I take plastic bottles out of someone else's recycling bin?
Whether you can do this depends on if you are trespassing or breaking any Local Council laws.
You should be careful not to trespass onto your neighbour's personal property or the common area of a strata property, as your neighbour may call the police. What action, if any, the police take will depend on your specific circumstances.
Your neighbour may report the matter to your Local Council and depending on the circumstances, the council may fine you for littering or causing a nuisance.
If you want to collect cans and bottles to claim a refund it might be a good idea to ask the owner of the rubbish first.
Can I dispute a development application made to my Local Council?
If you want to dispute a development application made to your Local Council, you should get legal advice.
The laws in this area are complicated and you will need to speak to a lawyer about your rights to object or appeal a decision.
Can I go to a Local Council meeting to oppose a development application?
You should speak to your Local Council about whether you can attend a Local Council meeting or whether you need to write to them to oppose a development application.
For more information, see Find Your Local Council on the Office of Local Government website.
You should also get legal advice about your options, as the law in this area is complex.
Can I put a camera on my property directed towards my neighbour?
Generally, you can put up a camera on your property, but you should consider whether this is the best action to take in your situation. For example, you should consider whether:
- the camera is pointed at someone else's property and interferes with their privacy, as it is an offence to 'peep or pry' on someone else
- taking such action will make any dispute you are having with your neighbour worse
- any footage you record can be used, for example, whether you can use it in court proceedings if you have a dispute with your neighbour
- your neighbour will feel threatened, harassed or intimidated as they may apply for an Apprehended Violence Order against you.
If you are involved in a dispute with your neighbour and believe it is necessary to put a camera up on your property, you should get legal advice about your situation.
What can I do if my neighbour has put up a camera pointed at my home?
If your neighbour has a camera on their property that is pointed at your home, you should speak to them about your concerns to see if you can resolve the situation. You could also consider mediation through a Community Justice Centre.
If you believe that your neighbour is interfering with your privacy, you could speak to the police. In some cases, your neighbour's actions may be considered peeping or prying, which is a criminal offence.
If you feel your neighbour is harassing you, you can also consider applying for an Apprehended Personal Violence Order (APVO).
For more information, see the Apprehended Violence Orders topic.
If you are living in a strata property, you should check the by-laws to see if they cover security cameras.
If you are in a dispute with your neighbour, you should also consider getting legal advice.
Can I record a conversation with my neighbour?
Recording a conversation with your neighbour without their permission may be a criminal offence.
The recording may not be allowed to be used in any court proceedings.
If you want to use a recording, you should get legal advice.
What if my neighbour records our conversation?
If your neighbour records a conversation with you, without your permission, they may be committing an offence. You can speak to the police about this.
If your neighbour wants to use a recorded conversation in court proceedings, and you didn't give permission for them to record you, you should get legal advice.
What can I do if a drone is hovering over my home?
Privacy laws relating to drones are complex. There are some laws setting out rules about how large businesses and government bodies can use a drone and safety issues relating to the use of a drone. There are no laws that directly deal with privacy concerns when an individual or a small business uses a drone.
A person or a business using a drone may be:
- committing an offence under the Surveillance Devices Act 2007 (NSW)
- committing a stalking or harassment related offence
- trespassing
- causing a nuisance or breach of confidence.
If you have safety concerns, you can speak to the police. You should also consider getting legal advice.
If you are concerned about drones and your privacy, you can contact the Office of the Australian Information Commissioner.
Can I fly my drone over private land?
Under the Civil Aviation Safety Regulations 1998 (Cth), drones weighing 2kg or less cannot fly:
- higher than 400 feet (120m) in a controlled airspace (generally meaning any populated area)
- closer than 30m during take-off, flight or landing to anyone not involved in flying the drone
- over a large group of people at a height from which, if any of the drone's components fail, they may land on people
- in a way that creates a hazard to another person, property or aircraft
- over or near prohibited or restricted areas (such as an aerodrome or restricted military areas)
- near emergency operations
- in bad weather, into a cloud or at night.
Larger drones, over 2kg, and those used for commercial or professional purposes must be registered with Civil Aviation Safety Authority (CASA) and the owner must have an operating certificate and follow safety procedures similar to an operated aircraft.
CASA has created a smartphone app to help you find out where you can fly your drone.
For more information, see Safety apps on the Civil Aviation Safety Authority website.
Can I report someone for flying a drone unsafely?
If you have concerns about whether a drone is being flown safely, you may report the matter to the Civil Aviation Safety Authority (CASA).
CASA can investigate reports about drones, but only when:
- your report is about a safety breach
- there is enough evidence like a video recording that shows the safety concern and the person flying the drone.
If a person breaches the Drone Safety rules, they can:
- be counselled
- have their accreditation, licence, certificate or registration restricted
- be fined
- be sent to gaol.
For more information, see Enforcing the rules on the CASA website.
CASA can't investigate any privacy concerns. If you want to discuss privacy concerns, you can contact the Office of the Australian Information Commissioner or get legal advice.
Last updated: January 2024