Time restrictions
When noise from residential premises should not be heard inside a neighbour's house:
| Noise source from residential premises | Time restrictions when noise should not be heard in a habitable room in a neighbour's house | Contact |
|---|---|---|
| Power tools and equipment (powered garden tools e.g. lawn mowers and leaf blowers electric or pneumatic tools, chainsaws, circular saws, gas or air compressors, and swimming pool or spa pumps) |
| Local council or police |
| Musical instruments and electrically amplified sound equipment (e.g. radios, TVs, tape recorders, CD and DVD players, and home theatre systems) |
| Local council or police |
| Air conditioners and heat pump water heaters |
| Local council or police |
| Motor vehicles (except when entering or leaving residential premises) |
| Local council or police |
| Refrigeration units fitted to motor vehicles |
| Local council or police |
Do you have a noise problem?
Here are some options:
Before involving Council;
- Speak to your neighbour: we encourage you to try solving the problem amicably by talking directly to whoever is causing the noise, this approach helps to maintain good relations with your neighbour.
- If your property is part of a Strata Scheme, please report your concerns to your strata manager. Council has no jurisdiction over Strata by-laws. If they fail to take action, you can lodge a complaint to NSW Fair Trading.
- Consider seeking a noise abatement order. Regardless of any Council action, you can seek a noise abatement order through the Chamber Magistrate in your local court. If the court is satisfied that the neighbour is causing an offensive noise or that the noise is likely to recur, it may order them to stop the noise or prevent a recurrence.
- Noise complaints resulting from activity at the cruise ship terminal or from vessel noise is to be reported to NSW Port Authority. There is a 24/7 community enquiries and complaints line (02) 9296 4962, or via email enquiries@portauthoritynsw.com.au
Typical noise complaints we will investigate are:
- Neighbourhood noise – roosters, dog barking, power tools, air conditioners, pool pumps etc.
- Noise from small-scale factories and backyard workshops
- Noise from commercial premises – ventilation, air conditioning, refrigeration
- Noisy motor vehicles on private property (not including when the vehicle is arriving or leaving the property)
- Construction noise on Council roads (for state-managed roads, you need to contact NSW Roads and Maritime Services)
- Noise from building sites
- Noise from sporting facilities, including motorsport noise or noise from gun/rifle/pistol clubs
- Noise from defective or continuous alarms, e.g. smoke, security, and building alarms, car alarms
Contact your local police station for urgent noise problems that are happening after-hours.
If the noise is an ongoing problem, please report the issue to Council below.
We take the following factors into consideration:
- Noise level, nature, character or quality, or the time at which it is made, or any other circumstances
- Whether it's harmful (or is likely to be harmful) to a person who's outside the premises from which it's emitted
- Whether it interferes unreasonably (or is likely to interfere unreasonably) with the comfort or repose of a person who's outside the premises from which it's emitted
If, following investigation, noise is considered offensive, actions we can take under the Protection of the Environment Operations Act, include issuing:
- prevention notice
- noise control notice
Air conditioners, heat pumps and hot water systems
You need Council approval to install an air conditioning (AC) unit if it does not meet requirements.
- Exempt Development Criteria
- State Environmental Planning Policy (exempt and complying development codes) 2008 Subdivision 3 - Air Conditioning Units
- Choose an AC unit that won't cause a noise nuisance to your neighbours – even if you've been told that it complies with noise requirements, it doesn't mean it's going to suit every location all the time.
- Locate the equipment away from your neighbour's bedroom and living room windows.
- Consider that locating the unit close to a common boundary adjacent to your neighbour's dwelling is likely to cause a noise problem to your neighbour that may result in the council becoming involved, and you having to either reduce the impact of the sound or relocate the unit, both of which can be expensive.
Each air conditioning unit or heat pump hot water system will have a 'sound power level' provided in its manufacturers specification or on a label attached to the equipment.
Before buying, use this online noise calculator to determine if an AC unit is suitable for your chosen location. Enter the site-specific details for your location and the calculator will provide maximum sound power levels for operation both at night and during the day. Compare these levels with those for the AC unit you are assessing. If the levels exceed the calculator levels the AC unit may create a noise nuisance to your neighbour. The calculator is a guide only and it is advisable to discuss your situation with the installer or manufacturer prior to purchase.
More information
Enquiries
Enquiries can be directed to Council's environmental health officers on 02 9392 5000 or council@innerwest.nsw.gov.au