Making a noise complaint

If you have an urgent complaint about noise, you can contact the police.

When to contact the police

You may contact the police if you have an urgent noise problem. For example:

• your neighbour is having a loud party late at night
  
• a house or car alarm is going off
  
• there is a noisy vehicle on private property
  

What the police can do

Depending on the circumstances police may:

• give a warning
  
• issue a noise abatement direction
  
• fine or charge a person
  
• seize equipment used to make noise.
  

Police may quickly deal with a one-off noise problem by giving a warning. This means they will tell people to stop making the noise.

The police can also issue a noise abatement direction. This requires the person to stop making the offensive noise or to limit the noise to certain days/times. The police can issue the direction if the noise occurred within the last seven days. 

A noise abatement direction lasts for 28 days from the date it is issued. If your neighbour continues to make the offensive noise, they will be breaching the direction and may be fined.

Different councils may deal with noise complaints differently. To find out about your Local Council’s complaints process, see Find your Local Council on the NSW Office of Local Government website.  

They may: 

• ask you to complete a complaint form 
  
• ask you to complete a log or diary listing the times and dates, duration and type of noise 
  
• ask you to write a letter or send an email. 
  

You should set out clearly what you are complaining about. If any of your neighbours have also made complaints you should let your council know. 

Some councils may suggest you try mediation at a Community Justice Centre before they will take any further action. 

Sometimes councils will not act on neighbourhood noise complaints. If your council will not act, and you are unable to settle things with your neighbour through talking or mediation, you may consider making an application to the court. 

Council investigation 

If your local council decides to investigate, they may: 

• send a letter to your neighbour or visit your neighbour 
  
• visit your home to assess the amount of noise 
  
• take readings of the level and type of noise 
  
• ask you to complete a log or diary of the noise. 
  

The more information you can give the council, the more you help their investigation.  Any information you give to council can be given to your neighbour. 

Mediation 

Your local council may suggest mediation between you and your neighbour. 

Mediation is a process where a neutral person called a mediator helps people talk through a problem to try and find a solution. A mediator does not decide who is right or wrong; they focus on helping people to find a compromise. 

For more information, see  Mediation in the Representing Myself section of this website. 

After investigating a complaint, council officers will decide what action to take. They have a number of options and the steps they take will depend on the type of noise.

Breach of noise restrictions

The law sets times restricting certain types of noise if the noise can be heard from inside your property. For more information on noise restrictions, see Noise restrictions.

If your neighbour has breached noise restrictions, the council may:

• first give them a warning to stop the noise
  
• if the person continues to breach the warning within 28 days, the council may issue a penalty notice (fine) or 
  
• charge the person making the noise with an offence.

Prevention notices

A prevention notice is a formal notice in writing issued by the local council to a person making noise or the occupier of any property from where the noise is coming from. 

A prevention notice can be used for any sort of noise including:

• animals
• people
• equipment

The notice explains what action needs to be taken to prevent the noise from occurring again. For example, the notice may require noise insulation around the equipment creating the noise. 

If your neighbour is served (given) a prevention notice they must comply with the notice immediately unless the notice specifies a later date.

There is no end date to a prevention notice.

If your neighbour does not agree with the notice, they can file an appeal in the Land and Environment Court within 21 days of being served. If they appeal you will be notified.

Noise control notice

Local councils can issue noise control notices to limit noisy activities to a particular noise level. The notice may restrict the noise to certain days and/or times.

Noise control notices may be issued for various types of noise including:

• animals
  
• people 
  
• equipment.
  

If your neighbour is served with a noise control notice they must comply with the notice immediately unless the notice specifies a later date. 

Once a noise control notice is served, it stays in force until the council varies (changes) or revokes (cancels) it.

If your neighbour does not agree with the notice, they can file an appeal in the Land and Environment Court within 21 days of being served. If they appeal you will be notified.

Noise abatement direction

Local councils can issue a noise abatement direction. A noise abatement direction is a formal notice that requires the person to stop making the noise or to limit the noise to certain days and/or times. Council can issue the direction if the noise occurred within the last seven days.

A nuisance cat or dog order is an order issued by a local council to the owner of a cat or a dog.  

Nuisance can include:

• persistent noise
  
• noise that unreasonably interferes with a the peace of someone else
  
• an animal that roams the street or destroys property.
  

A nuisance order requires the owner to take steps to prevent the animal from creating a nuisance. For example, it may require the owner to reduce the amount of barking.

First, the council will provide a notice of intention to issue an order. The notice tells the owner that council intends to make an order and explains what the order will be about.

Then, the council will issue the nuisance order. The owner has 7 days to object to the order. If they do not object, council may go ahead and make the order. If they do object, council must consider the objection and then decide whether to go ahead with the order.

A nuisance order lasts for six months.

If you and your neighbour live in a strata scheme, you can also complain to the owners corporation, or the strata manager about a noise problem. You can make a complaint if you or your neighbours are tenants or owners.

If that does not fix the problem, you can try mediation or apply to the NSW Civil and Administrative Tribunal (NCAT) for orders.

How to complain to 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. Most by-laws address noise and animals. 

Check your by-laws and see what they say. If you are a tenant you can ask your landlord or agent for a copy. If you are an owner you can get a copy from your managing agent or strata committee.

Try talking to your neighbour first. They may not be aware they are disturbing anyone and you may be able to come to an agreement.

If you cannot speak with your neighbour, contact the person or group who manages the strata scheme. This might be the managing agent, the building manager or the members of the strata committee, which represents the owners corporation.

Put your complaint in writing and set out what noise you are complaining about, including dates and times. If other owners or occupiers are also concerned, consider making a joint complaint or sending your complaints at the same time.

Notice to Comply with a By-Law 

The owners corporation may raise your complaint with your neighbour and if they think the neighbour has breached the by-laws, they may issue a Notice to Comply with a By-Law. It may be issued to the landlord if your neighbour is a tenant. The notice will: 

• tell them which by-law they have breached
  
• explain how they have breached the by-law
  
• warn them that if they continue to breach the by-law the owner's corporation may apply to NCAT to seek an order.
  

If the problem continues and there is a second breach within 12 months, the owners corporation can:

• apply to NCAT for orders to stop the breach
  
• apply to NCAT for your neighbour to pay a fine to the owners corporation.
  

Strata schemes mediation

You or the owners corporation can also make use of a specialised mediation service for strata residents. For more information on mediation see Applying for strata mediation on the Fair Trading NSW website or telephone Fair Trading NSW 13 32 20.

Mediation is a process where a neutral person called a mediator helps people talk through a problem to try and find a solution. A mediator does not decide who is right or wrong; they focus on helping people to find a compromise.

There is no fee to apply for their mediation service. However, you have to bear you own costs to prepare or attend mediation. 

For more information on how to prepare for mediation see  Mediation, in the Representing Myself section of this website. 

If the owners corporation does not act

Any owner or the owners corporation can apply to NCAT for orders. For more information on NCAT about what is required and how to make an application, see Strata schemes on the NCAT website. 

Before applying to NCAT, you should attempt mediation. NCAT may refuse to accept an application if there has been no attempt at mediation.

Before making an application to NCAT, you should get legal advice on your case, including the evidence you need, the orders you can ask for and whether your case is likely to be successful.

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

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

They must also not permit anyone else to do these things. This means that a tenant must not let their visitors or people living with them cause a nuisance or disturb their neighbours.

If you are a residential tenant, your landlord has the obligation to take all reasonable steps to make sure their other tenants do not interfere with your peace, comfort or privacy. If you have a real estate agent managing the property, the agent also has this obligation.

The landlord only has to do what is reasonable. Your landlord cannot control someone else's tenant, so if your neighbour has a different landlord, there may be not much your landlord can do.

For more information on tenancy, see the Tenants NSW website.

What the landlord may do

The landlord has a number of options on how to respond to a noise complaint.

The landlord may warn the tenant that they are breaching (breaking) their residential tenancy agreement.

If a breach continues the landlord may apply to the NSW Civil and Administrative Tribunal (NCAT) for an order that your neighbour stop breaching the residential tenancy agreement.

In the most serious cases the landlord may give the tenant a termination notice then apply to NCAT for an order terminating (ending) the tenancy. 

What you can do

If you are not able to talk to your neighbour, you can complain to the landlord or agent. If you and your neighbour have different landlords, you can make a complaint to their landlord, if you know who they are. If you and your neighbour have the same landlord, you can ask your landlord to take action. You should put your complaint in writing and keep a copy. Your letter should:

• explain what you are complaining about
  
• give details of the noise including time and date.
  

If your landlord does not act in response to a noise complaint, you may:

• write to the landlord warning them that they are breaching the residential tenancy agreement
  
• apply to NCAT for an order that the landlord stop breaching the residential tenancy agreement.
  

If you feel you cannot stay in the tenancy, you may be able to:

• give the landlord a termination notice to end the tenancy
  
• apply to NCAT for an order ending the tenancy.
  

You should also get advice from your local Tenants Advice and Advocacy Service on what is the best approach for you.

Social or community housing

If your neighbour is a tenant of Housing NSW (sometimes called Housing Commission or Department of Housing), you can make a complaint to the Department of Communities and Housing about noise.

For more information on Housing NSW policies, see the NSW Communities and Justice website.

If your neighbour is renting from a community housing service you may be able to complain to the community housing service. You can find a list of community housing providers on the Find a housing office page on the NSW Communities and Justice website. 

If the noise continues after a warning or direction, you should contact the police. The police may issue a fine or charge a person with an offence. 

If the problem continues, you may want to apply for a noise abatement order at the Local Court.

For more information, see Applying for a noise abatement order.