Complaining to the council
Complaints about ongoing noise problems can be made to your local council.
How to complain to council
Different councils may deal with noise complaints differently. Contact your local council to find out about their noise complaints process. 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. It may help if you have a record of the time, date, duration and volume of the noise 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 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.
For more information, see Applying for a noise order.
Investigation
Your local council may investigate your complaint. Steps in an investigation may include:
- sending a letter to your neighbour or visiting your neighbour
- visiting your home to assess the amount of noise
- taking readings of the level and type of noise
- asking you to complete a log or diary on the noise.
The more information you can give the council, the more you help their investigation.
Any information you give to the council, may be given to your neighbour.
Mediation
Your local council may suggest mediation between you and your neighbours.
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 the Mediation topic.
Action by council
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 a person continues to breach a noise restriction within 28 days after a warning, the council may issue a penalty notice (fine) or charge the person making the noise with an offence.
Nuisance cat or dog orders
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 making persistent noise or noise that unreasonably interferes with the peace of someone else. Nuisance could also be another action like a dog that roams the streets 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.
The owner will be given notice of intention to issue an order before council will issue a nuisance order. The notice tells the owner that council intends to make an order and explains what the order will be about.
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.
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 and 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 notices
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 certain times of the day.
Noise control notices may be issued for various types of noise, including noisy animals, people and 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 certain times of the day. Council can issue the direction if the noise occurred within the last seven days.
What if the noise continues?
If the noise continues after council has issued a notice, order, or direction you should contact the council. Council officers may investigate further and if there is a breach of the notice, order, or direction council may issue them with a fine or charge them with an offence. The council officers may also seize the equipment used to make noise.
If the order or notice has not resolved the problem, you can apply for a noise abatement order at the Local Court.
For more information, see Applying for a noise order.