On this page
The Environment Protection Act 1970 says it’s an offence to make unreasonable noise from a residence. Any noise from a residence at any time may be unreasonable. A residential property includes:
- any land, building or outbuilding used in connection with a residence. This includes driveways, sheds and workshops
- any land where someone is building a residence.
Noise can be unreasonable if a neighbour can hear it in a habitable room of their home. A habitable room is any room in the house except:
- kitchens
- pantries
- bathrooms
- toilets
- laundry rooms
- storage areas.
When residential noise is unreasonable
Investigating officers from your local council decide whether noise is unreasonable. They consider:
- volume
- source and intensity
- time and place
- circumstances
- how long the noise continues
- whether the noise repeats or recurs.
About the Environment Protection (Residential Noise) Regulations
The Environment Protection (Residential Noise) Regulations 2018 cover specific sources of noise. Listed in the Regulations as ‘prescribed items’, these sources of noise range from electric power tools through to air conditioners. The Regulations also list the prohibited times for unreasonable noise for these prescribed items. Noise is unreasonable when it occurs during prohibited hours and someone in any other residence can hear it. Residential noise can still be unreasonable outside these times.
Other types of residential noise can also be unreasonable, even if it isn’t on the Regulations list.
The Regulations don’t apply when using:
- equipment in an emergency
- your air conditioner during a Department of Health and Human Services heat health alert day.
A noisy air conditioner may be unreasonable at any time, even during a health heat alert.
Prohibited times for noise
Group | Prescribed items | Prohibited times |
---|---|---|
1 |
|
Monday to Friday before 7 am or after 8 pm. Weekends and public holidays before 9 am or after 8 pm. |
2 |
|
Monday to Friday before 7 am or after 8 pm. Weekends and public holidays before 9 am or after 8 pm. |
3 |
|
Monday to Friday before 7 am or after 10 pm. Weekends and public holidays before 9 am or after 10 pm. |
4 |
|
Monday to Friday before 7 am and after 11 pm. Weekends and public holidays before 9 am and after 11 pm. During a heat health alert, you can use your air conditioner at any time. |
5 |
|
Monday to Thursday before 7 am or after 10 pm. Friday before 7 am or after 11 pm. Saturday and public holidays before 9 am or after 11 pm. Sunday before 9 am or after 10 pm. |
6 |
|
Monday to Friday before 7 am or after 8 pm. Weekends and public holidays before 9 am or after 8 pm. |
Find out more about some common residential noise issues and how the law applies to them:
Read more about residential noise
Annoyed by noise? (publication 406)
Noise control guidelines (publication 1254)
Reviewed 5 August 2020