When there are problems between neighbours, most of the time they can be resolved by a polite but direct conversation. However, if the problems cannot be resolved this way, mediation is required for the parties. In NSW, the Community Justice Centre (https://www.cjc.justice.nsw.gov.au/) provides a free mediation service to resolve the issues between parties.
NOISE
The most common complaint between neighbours is about noise. The majority of complaints are about the noise that is made by barking dogs. Under the Companion Animals Act, the local council can issue orders to the neighbours if there is noise made by persistent barking dogs.
There are some other intrusive noises that can be made by neighbours such as loud music, rowdy parties, burglar alarms, noisy machines, etc. Under the Protection of the Environment Operations Act 1997, there are restrictions on the times that certain items can be used if they can cause excessive noise. The complaints can generally be made to the local council or the police depending on the urgency and nature of the problem.
The examples of the common type of noise and time restrictions are as following:
- Music instruments or amplified noise such as Television must not be heard between midnight and 8am.
- Power tools and garden equipment such as lawn mowers must not be heard between 8pm-8am.
- Cars on residential property (except when they enter or leave the property) must not be heard between 8pm-8am.
The Office of Liquor, Racing and Gaming manages noise from licensed premises such as pubs and clubs. When the Office licenses these premises, it may place environmental noise conditions on the licence. These conditions typically include a requirement that the noise from pubs and clubs should not be heard inside any home between midnight and 7 am on any night. The Office can be contacted on (02) 9995 0894.
If the noise is made outside the time restriction above, the council or police may issue a warning. If a person breaches the noise restriction again within 28 days of the warning, they may be given a fine. The penalty for breaching the legislation is $200 for individuals and $400 for corporations. The maximum penalty that a court can impose is $5500 for individuals and $11,000 for corporations.
If you and your neighbours live in the same strata complex, the noise and disruption can be a breach of the by-laws in the strata scheme. You can make a complaint to the strata manager of the building.
You can also apply to the Local Court for a noise abatement order for the noise problems. You need to attend a court hearing and prove that there has been an offensive noise that is likely to re-occur. Moreover, if the pollution is serious and is causing a nuisance, you can sue the neighbour for compensation or apply to the Supreme Court for an order to stop the activity.
You can prevent neighbourhood noise problems by notifying your neighbours if know in advance tha you are going to be doing something noisy like having a party, or doing any building work. Most people appreciate the courtesy and will be less likely to complain. Keep the noise in your backyard or on your balcony down so it will not disturb your neighbours, especially during the evening and at night.
TREES
Over-hanging branches, invasive tree roots and falling trees are the common problems between the neighbours. The Trees (Dispute between neighbours) Act 2006 (NSW) is the key legislation that governs this issue in NSW. A neighbour can apply to the Land and Environment Court for an order to remedy, restrain or prevent damage to property or prevent injury to any person in relation to problems with trees.
It is legal for you to cut over hanging branches or protruding roots from a neighbour’s tree back to the boundary of your land. However, it is sensible to notify your neighbour before taking the action to seek cooperation and avoid misunderstanding. The cuttings remain the property of the owner of the tree and may need to be returned. Any person cutting over hanging branches could be liable for any damage caused to the tree. It is good idea to get it done by a professional if extensive pruning is required.
For trees that require a permit from the council, you will also need your neighbour to sign a permit application form for the council to approve any tree work. However, in some cases, if the tree is not protected by the council, you are free to cut or trim overhanging leaves, roots or branches extending into your boundary provided you do not damage the rest of the tree. It is good idea for you to check with your council to find out whether the tree is protected by the council.
An owner of a tree would not normally have to pay the cost of removing overhanging branches. However, where the overhanging branches risk causing damage to a neighbour’s property or other injury, the owner of a tree would have to pay those costs. If overhanging branches are causing ongoing damage, it may be possible to sue for costs and compensation on the grounds of nuisance or under the Trees (Disputes Between Neighbours) Act.
Sources: The Law Handbook 14th Edition Redfern Legal Centre
The Community Justice Centre
The Companion Animals Act
The Protection of the Environment Operations Act 1997
The Trees (Dispute between neighbours) Act 2006 (NSW)
