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Noise Disputes

Disputes over noise can include:

• party noise, loud stereos
• musical instrument practice
• children playing or screaming
• shouting and domestic arguments
• lawn-mowers, power tools and other devices
• airconditioners, pool pumps, spas and heaters
• cars reversing and mechanical problems
• burglar alarms, car alarms and other security devices
• barking dogs and other domestic animal noise
• thumping, crashing and other unidentifiable noises heard through dividing walls or ceilings.

The following information is not legal advice and has been included to help you start thinking about the issues involved.

Dealing with noise disputes

Many disputes can be resolved through communication and negotiation, which can help to reduce costs, delays and legal action. The Dispute Settlement Centre provides a free service and can offer advice and tips for dealing with matters yourself. The Centre also provides neutral, objective mediators to help you resolve disputes of any size or complexity.

The 'disputeinfo' website has step-by-step advice about common noise dispute situations and practical solutions.

If the problem is due to neighbouring pets, you may wish to read our information on disputes involving animals.

Who else can help?

Section 48A of the Environment Protection Act 1970 makes it an offence for a person to cause or allow 'unreasonable' noise to be emitted from residential premises. The Environment Protection Authority (EPA) can give advice about regulations made under the Act.

The Domestic (Feral and Nuisance) Animals Act 1994 covers responsible ownership of domestic animals and the protection of the environment. Local councils are responsible for implementing the Act, through local laws and enforcement.

You should make complaints about noise to the police or your local council, not the EPA. Police or council officers usually try to resolve the problem first. If this fails and they are satisfied that the noise is unreasonable, police or councils may take action to the Magistrates' Court.

If you are not satisfied with their actions, you can take the matter to court yourself.

There are many situations where noise pollution can fall within public health standards but is still irritating for people living nearby. These people may be able to take legal action against their neighbour.

If you are considering taking legal action we recommend you seek independent legal advice. Contact any of the following:

• Victoria Legal Aid
• Community Legal Centre
• the Law Institute of Victoria.