Here’s what to do if you have a noisy neighbor or receive a noise complaint in Victoria

From barking dogs to the unwanted sound of power tools and even loud music at a party that lasts until the early hours, noise can be a real nuisance.

“Some people underestimate the impact that noise can have on a person’s life, particularly when it comes to sleep problems,” says Elaine Just, senior noise scientist at the Environment Protection Authority (EPA) in Victoria.

“There is now sufficient evidence to show that if you consistently get too little sleep, it has a negative impact on your health.”

Noise can be particularly annoying for the growing number of people living in apartments, as there is little buffer between the residents’ living spaces.

According to the 2021 Census, that’s more than 2.5 million Australians, or 10.3 percent of the population.

Unfortunately, you can’t demand that your neighbors be completely quiet, but there are rules and regulations.

And if your neighbors aren’t following the rules, there are a number of things you can do.

What is reasonable sound?

According to Dr. Just, noise is generally considered an unwanted sound.

“Some sounds are pleasant and some sounds are unpleasant,” she says.

“If you find a sound unpleasant and it disrupts your life, then we generally call it noise.”

Under the Victorian Environmental Protection Act, it is an offence to make an unreasonable amount of noise in a dwelling.

The EPA characterizes unreasonable noise based on the volume and intensity of the noise, the time of day it occurs, how long it lasts, how often it occurs, and the conditions under which it occurs.

Noise that occurs during the EPA’s prohibited hours and that can be heard by someone in another dwelling is considered unreasonable.

For example, the use of power tools is prohibited before 7:00 am and after 8:00 pm during the week, and before 9:00 am and after 8:00 pm on weekends and public holidays.

Noise restrictions apply to musical instruments or things like radios and TVs outside the hours of 7am and 10pm from Monday to Thursday. On Fridays, the situation is slightly more relaxed, with restrictions coming into effect after 11pm.

“There can be some variation in that, but the point is to be quiet at night and stay reasonable so people can sleep,” says Dr. Just.

“So that’s not playing loud music. If you’re having a party, try to let your guests leave quietly, that kind of thing.”

While the EPA sets the regulations for noise pollution in residential areas, it is up to individual municipalities to enforce them.

How is sound measured?

The Dispute Settlement Centre of Victoria (DSCV) is a government organisation that deals with a range of complaints, including noise complaints.

Last year we received 400 complaints about noise pollution, almost double the number from the previous year.

“The most common noise complaint is when another neighbour’s activity disturbs a person’s sleep,” a spokesperson said.

In disputes over housing, the context in which the sound is heard must be taken into account.

This includes things like how long the sound lasts and how far it travels, what it sounds like (for example, a thumping or squeaking sound), and how loud it is.

According to Dr. Just, sound that is about five decibels above background noise generally becomes a nuisance.

According to her, factors such as construction quality and choice of flooring can be determining factors in apartments.

Other factors taken into consideration include whether it is a sound typical of residential environments, such as a car starting and pulling out of a driveway.

What should you do if you receive a complaint?

Neighbors should first try to resolve any noise nuisance among themselves.

“It’s better to do it in person because then you can have a conversation,” says Dr. Just.

“It’s good to be specific about what the problem is and how it affects you.”

If a neighbor comes to you with a complaint, Dr. Just says it’s important to “be reasonable and listen.”

Asking questions like, “When do I make noise?” or “What does it sound like?” can help you understand what is causing the problem.

“And then we want the person being complained about to actually make changes to their behavior or their property so that the impact on the neighbors is not noticeable,” Dr. Just said.

These changes may be as simple as turning down the TV volume after sunset, or choosing a different time to vacuum the floor. Or you may need to make changes to your home to prevent the noise from spreading.

“There are underlays that you can put under your hard floor to reduce the sound, or carpet, for example, soft floors and thin carpets, that reduce the impact of footsteps,” says Dr. Just.

Often, she says, the person making the noise doesn’t realize that his or her activity is too loud or is impacting neighbors.

What can you do if a conversation doesn’t solve the problem?

If direct conversation with a noisy neighbor does not bring about any change, residents of apartment complexes can file a complaint with the Homeowners’ Association or with a municipal official.

“Where noise impacts the health and wellbeing of a community member, the Council team will conduct an investigation in accordance with relevant state legislation,” a City of Melbourne spokesperson said.

This investigation may consist of a telephone conversation, during which the complainant is asked to keep a diary to document the noise, or a visit to the location, during which a municipal official listens to the noise and determines where the noise is heard and at what times.

The problem can also be resolved through mediation via the DSCV.

If all else fails, the final step is to seek legal advice to determine whether you can take your case to court.

According to experts, this can be expensive, time-consuming and disruptive to neighbourly relations, so it should be used as a last resort.

Remember that noise is a part of life, but it should not disrupt someone else’s reasonable experience of his or her apartment.