What to do about noisy neighbours | Alds

QUESTION: My neighbours are an absolute nightmare. It’s a family of four – mum, dad and two teenage kids – who’ve wreaked havoc since the day they moved in 12 months ago. They don’t seem to work and just sit in the yard all day playing music and talking very loudly.

I’ve asked them a few times politely if they can keep it down but they just laugh or turn the music down for 15 minutes and then it creeps back up. They don’t tend to stay up late and are normally inside and being quieter by 11pm. The problem is that I work from home so their noisiness in the daytime affects my work. What are my rights? I bought my dream house two years ago and I don’t want them to drive me out but I’m not sure what to do. Are they breaking any laws? – Gerry, 37, Queensland

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ANSWER: Every state has laws that govern noise levels. In Queensland, 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, machinery or dogs.

You’ve done the right thing by first raising your concerns directly with your neighbours rather than simply leaving a note in the letterbox.

Disputes between neighbours can be frustrating, but it’s always best to try and find a solution together and remain on speaking terms if possible.

When raising your concerns with your neighbours, you should be constructive and suggest ways to solve the problem. For example, you could ask them to move to another part of their yard or inside, or turn down the bass on their stereo.

You could also let them know of steps you’ve taken to try and avoid the noise, such as working in another room or using earplugs, and explain why these measures have failed.

You should explain that you work from home and that their noise is impacting your work.

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Don’t engage in any payback responses like starting your lawnmower near their bedroom window on a Sunday morning – this will likely just escalate the situation.

It’s not clear if your neighbours own the property, or are renting.

If your neighbours are 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 neighbours that they are in breach of their lease agreement.

If your neighbours still don’t reduce their noise after this breach notice then the owner or property manager would have to apply to the Queensland Civil and Administrative Tribunal to evict them for breaching their lease agreement.

Excessive noise due to a party in Queensland can also be reported to police 24 hours per day, seven days per week, including through an online form.

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 96 hours 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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