Question: My neighbour works strange shifts and often comes in at 4am and starts cleaning his apartment. He uses his vacuum at odd hours of the night – sometimes at 5am – and I can hear it through the wall. I’ve told him it wakes me up and can he stop doing it but he says it’s the only time he can clean. Are people allowed to vacuum any time of the day or night? – Lawrence, NSW

Answer: Every state has laws that govern noise levels. In New South Wales, there are different rules and regulations depending on the local council area you live in.

Any breaches of noise levels can be reported to police or your local council, depending on the nature of the noise such as whether it’s a party, cleaning equipment or animals.

Amicable conversation

You’ve done the right thing by first raising your concerns directly with your neighbour as usually this is the quickest and easiest way to resolve any neighbourhood dispute.

Offensive noise

In NSW the Protection of the Environment Operations Act defines offensive noise as:

• Noise that, due to its level, nature, character, quality, or timing:

– Harms or is likely to harm a person outside the premises where it originates.

– Unreasonably interferes with the comfort or rest of a person outside the premises.

This law also specifies acceptable noise levels for different times of the day. For example, during the night (10pm to 7am) noise levels should not exceed the background noise by more than 45 decibels.

The vacuuming noise you describe which occurs throughout the night could be classified as offensive noise.

Renters

If your neighbour is renting, and the problem continues, you can make a complaint about the noise to their landlord or real estate agent.

Most residential tenancy agreements provide rules about noise and respecting their neighbours’ right to peace, comfort and privacy.

Any complaint you make to the landlord or real estate agent should be in writing and you should keep a copy.

They are not obliged to take action following your complaint, but they could, if they choose to, give a warning to your neighbour that they are in breach of their lease agreement.

However, in this situation we suspect the landlord will be pleased their tenant is keeping the property clean and may be reluctant to take any action.

Local council

Residential noise enforcement officers from your local council can investigate and decide whether the noise is offensive and breaches the law. Factors they consider include:

• volume and intensity of the noise

• what the noise sounds like

• time and place of the noise

• how long the noise continues

• how often the noise occurs

If you keep a diary detailing the noise over a period of a couple of weeks this will assist the council in its investigation.

Council can issue on the spot notices requiring your neighbour to prevent the offending noise and can also issue fines for those who breach the law.

Police

A last resort would be to contact the police.

Police will investigate a noise complaint and if they are reasonably satisfied the noise is excessive they can enter the premises and give a noise abatement direction.

A noise abatement direction can be verbal or given in writing and directs the excessive noise to be immediately stopped.

It would also require your neighbours not to make any excessive noise for up to 28 days after the direction is given.

If your neighbour doesn’t comply with the direction, police can then issue a fine, require your neighbour to attend court, and/or confiscate the equipment making the noise.

This legal information is general in nature and should not be regarded as specific legal advice or relied upon. Persons requiring particular legal advice should consult a solicitor.

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