Noisy Neighbours

Do you have revelling neighbours who bring their friends home for raucous parties at 2am? Suffer an over-enthusiastic gardener with a penchant for early morning leaf blowing? How about a yapping dog that's left alone in the house for hours on end? There are certain actions you can take that can make life a lot easy and help you to love thy neighbour.

Residents have a legal right to 'reasonable peace, comfort or privacy' in their own home but just what is reasonable is a matter of debate. Section 48A of the Environment Protection Act 1970 makes it an offence to cause unreasonable noise from any residential premises. Residential noise may be unreasonable at any time of the day, depending on its volume, intensity, duration, time, place and other circumstances.

The best approach for dealing with noisy neighbours is to talk to them directly and try to settle the problem. They may not even be aware of the problem and be happy to comply. If this approach fails, depending on the cause of the noise there are various steps you can take.

Police and council officers can warn offenders to stop noise such as parties or annoying air conditioners during the prohibited hours (check council websites for details in your state). This direction remains in force for 12 hours. Failure to comply with a police or council direction is an offence and offenders are liable for on-the-spot fines.

Taking disputes with neighbours to court can be expensive for both you and your neighbour and the outcome may leave the parties bitterly antagonistic to each other. In your own interests, do not take any action over a problem before talking the matter over with your neighbour or, if necessary, obtaining legal advice about your rights and possible remedies.

As an alternative to going to court you can take a dispute to a Community Justice Centre. At these centres, trained mediators help people in dispute to come to a settlement. Mediators do not decide who is right or wrong, nor do they have the power to award costs or impose penalties. Community Justice Centres and Community Legal Centres may advise you to see a solicitor before mediating so that you are aware of your legal rights before negotiating a settlement to a dispute.

If you live in a strata situation, your neighbours' behaviour may breach the Strata Title By-laws. There are clear procedures to be followed when a dispute arises within a strata scheme, including the Owners' Corporation issuing a notice requiring your neighbour to stop their objectionable behaviour.

So don't suffer in silence (or not as the case may be). Approach the problem calmly and logically and discover why good neighbours can become good friends.

More News
Back to this Issue

Subscribe
If a friend has forwarded you this newsletter. Click here to subscribe.