Your neighbour may not realise that their noise is affecting you. You may not realise how your noise is affecting your neighbour.
You and your neighbour may be able to agree on a level of noise that both of you are happy with. It may also help you to avoid going to court and to maintain a good relationship with your neighbour.
If there is an Apprehended Violence Order (AVO) between you and your neighbour, before talking to your neighbour, you should get legal advice. There may be restrictions on the contact that you can have with your neighbour.
Before you talk to your neighbour you should think about what it is you want, for example do you want them to:
If you are clear about what you are asking from them, you will have a better chance of coming to an agreement.
You can try to communicate with your neighbour:
If you have a good relationship with your neighbour, you can talk to them by simply knocking on their door. If you have approached your neighbour at an inconvenient time, arrange another time.
If you are not comfortable meeting your neighbour face to face or they are rarely home, you can try talking to them on the phone.
If you prefer to write a letter, see the Sample letter to noisy neighbour.
If your neighbour wrote to you to complain, see the Sample letter responding to noise complaint.
When talking to your neighbour be polite and respectful. Try and not let your emotions control the conversation. Remaining calm will help you focus on the issue and give your neighbour time to think about what you are saying.
Your neighbour may not realise that the noise is bothering you. Explaining how the noise is affecting you may help them understand why it is a problem.
When discussing the problem with your neighbour, it is important that you listen to their side of the story too. Understanding their point of view may help you negotiate the problem and reach a solution that suits both of you.
Make practical suggestions for how to solve the problem. For example, if you have a problem with a neighbour's barking dog, you could suggest the neighbour arrange for someone to walk the dog during the day.
Try and be flexible when talking to your neighbour about the problem. For example, consider negotiating about the time the noise occurs or how loud the noise is.
Keeping a record of your attempts to resolve the problem is important if you decide to go to court. You should consider making notes of the conversation you had with your neighbour while it is fresh in your mind.
Sometimes talking to your neighbour directly may not be the best option, particularly if you don't have a good relationship with them. You should always keep your safety in mind. You can try mediation which involves the help of a third person to try and settle the dispute.
Community Justice Centres mediation helps neighbours resolve disputes and improve their relationships. More than 80% of the disputes mediated result in agreement and there are no waiting lists.
If you cannot come to an agreement, one neighbour may Make a complaint to the police or local council. If your neighbour lives in strata or is a tenant, there may be a complaint to the owners corporation, the managing agent or the landlord. Finally, you or your neighbour may make an application to the Local Court for a Noise abatement order.
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