Noisy Neighbours

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This information is general and should not be relied upon as a substitute for legal advice. The Legal Services Commission provides free advice for most legal problems. Contact the Legal Helpline on 1300 366 424 or visit www.lsc.sa.gov.au or www.lawhandbook.sa.gov.au.

Neighbourhood noise

Noise from neighbours is a common source of nuisance and can be very distressing.

Common neighbourhood noises include barking dogs, loud music and television, shouting, banging doors, and cars. No house or unit is totally soundproof, and everyone can expect some noise from neighbours.

If your neighbours disturb you with unreasonable amounts of noise, let them know. Try to be friendly and polite even if you are annoyed about their behaviour. Your neighbour may not even be aware that their noise is disturbing you.

If the noise continues, try writing a letter explaining the effect the noise is having on you.

Legal action should only be taken as a last resort as it can make relations between neighbours worse in the future. It is best to try to sort out issues with your neighbour directly or with the help of a mediator.

Community mediation services

Before commencing any legal action against your neighbour, contact a community mediation service. They can help you resolve the problem without taking sides, causing unnecessary stress, or involving police.

Mediation encourages neighbours to work together to develop solutions to disputes. A successful outcome can help to preserve ongoing relationships. Community mediation services are confidential.

For more information and advice about mediation, telephone Uniting Communities Mediation Service on 8202 5960 or 1300 886 220 (country callers) or visit unitingcommunities.org/service/legal-services/mediation.

How much noise is unreasonable?

Most domestic noise is governed by the Local Nuisance and Litter Control Act 2016 (SA). Under this Act, it is a criminal offence to cause a local nuisance.

If a noise falls within the definition of a local nuisance, complaints may be handled by your local council.

A noisy activity may be a local nuisance if the level, nature or extent of the noise (including its volume, pitch, vibrational frequency, prevalence or frequency of occurrence) unreasonably interferes with the enjoyment of neighbouring premises.

Some examples include:

 Fixed machine noise on domestic premises

Noise from fixed machinery on domestic premises (such as air conditioners) that travels from those premises to a habitable room, outdoor courtyard or entertainment area on neighbouring premises.

Domestic activity

Noise from machines such as lawnmowers or power tools or other sources that travels to neighbouring premises after 8:00 pm or before 8:00 am (or before 9:00 am on Sunday).

Construction noise

Construction noise that travels to neighbouring premises after 7:00 pm or before 7:00 am from Monday to Saturday, or at any time on a Sunday or public holiday.

Waste collection, street sweeping and tree maintenance

Waste collection, public street sweeping and tree maintenance noise that travels to neighbouring premises after 7:00 pm or before 7:00 am (9:00 am on a Sunday or public holiday).

Noise that is not a local nuisance

Noise consisting primarily of music or voices (including parties) and revving cars – these complaints should be reported to SA Police who have wide powers to stop excessive noise.

Barking dogs or other animals – contact your local council. If a dog creates a noise which persistently occurs or unreasonably interferes with your peace and comfort, your local council may be able to issue the owner with a Control (Barking Dog) Order or a fine under the Dog and Cat Management Act 1995 (SA).

Noise from a school, kindergarten, childcare centre or church – contact the relevant organisation directly.

Licensed premises (including restaurants and pubs) – complaints are dealt with by Consumer and Business Services on 131 882.

What can be done about a local nuisance?

If you are unable to resolve the issue with your neighbour directly or with the help of a mediator, you can complain to your local council.

Authorised officers at your local council can decide whether or not the particular noise constitutes a local nuisance. If it does, they may issue a nuisance abatement notice which will require your neighbour to stop making the noise. They may also issue a fine.

If you are affected by a local nuisance, you may apply to the Environment, Resources and Development Court for orders to stop the nuisance. However, if the application is unsuccessful, you may be required to compensate your neighbour and pay their legal costs. You may also be required to cover these costs at the outset (called payment of security for costs). Legal advice should be sought before making such an application to the court.

5 December 2023