Residential noise
This page provides information about the following topics:
EPA is reviewing the regulations for residential noise. Proposed Regulations are now available for public comment. To find out more about the review please see: Proposed Residential Noise Regulations 2008.
Noisy neighbours
The best approach for dealing with noisy neighbours is to talk to them and work together on a solution to settle the problem. Sometimes neighbours are not aware that they are making unreasonable noise, or that they are disturbing you. Often talking to them can lead to changes that will benefit you both.
If talking to your neighbour does not resolve the problem, you do have other options available.
Action can be taken through the police, local council or in person.
Police and council officers can direct offenders to stop unreasonable noise. A 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. Directions can be issued at any time, and are typically used for noise such as loud parties or annoying airconditioners during the prohibited hours.
Local council can also take action under the Nuisance Provisions of the Health Act 1958. If you believe your noise problem has not been resolved to your satisfaction, you may take legal action yourself under the Health Act. You should consult a solicitor if you are contemplating this course of action.
The Dispute Settlement Centre of Victoria can assist in resolving noise problems. This organisation helps people settle their disputes in a co-operative and lasting way. Mediation relies on both parties to the dispute being willing to discuss the problem in the presence of a mediator. Services are free and confidential.
Dispute Settlement Centre of Victoria
Level 4/456 Lonsdale St, Melbourne
Telephone: (03) 9603 8370
Country callers: 1800 658 528
Fax: (03) 9603 8355
Website
Send an email
Residential noise and the law
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 Environment Protection (Residential Noise) Regulations 1997 list specific types of equipment and the times when their use is prohibited. These times depend on the type of equipment being used and the day of the week; however, some equipment may still be too loud even when used during other times.
Some activities are easily recognisable as producing unreasonable noise, but some can be difficult to determine.
Example: If your neighbour turned on a radio after 10pm on a weeknight and you could hear it – and it bothered you – it would be considered unreasonable noise. If your neighbour turned on the radio at 10am it may be not be unreasonable noise because people are generally awake at that time. However, it could still be considered unreasonable if it was excessively loud or continued for too long.
If you contact your local council or the police, they can listen to and form an opinion about the noise. They may also ask you to keep a diary of when the noise occurs or they may take measurements of the noise levels to present to a magistrate if the problem is dealt with in court.
Residential construction noise
The provisions for unreasonable noise also apply to residential premises under construction.
Noise heard outside the prohibited times from equipment used for the construction of a residential premises, such as jackhammers and power tools, may also be unreasonable. In these cases contact your local council to the report the noise.