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Neighbours Loud music - can i do anything?

Printed From: AussieLegal
Category: General Legal Discussions
Forum Name: Discuss legal issues that are of a general nature
Forum Discription:
URL: https://www.aussielegal.com.au/forum/forum_posts.asp?TID=25100
Printed Date: 20/September/2018 at 10:10


Topic: Neighbours Loud music - can i do anything?
Posted By: GregRoberts
Subject: Neighbours Loud music - can i do anything?
Date Posted: 11/June/2018 at 10:54

Greetings. So about one week now, my neighbours keep playing loud music, with a lot of swearing at 1pm everyday for one hour. I dont like my toddler getting exposed to the swear words.

Am i right to assume i cant do anything about this? i done a bit of research and it seams that they can play any music they want, as long as it

"cease during certain times: midnight to 8am on Friday, Saturday or any day preceding a public holiday and 10pm to 8am on any other day." can anyone confirm? Thanks




Replies:
Posted By: Luisa
Date Posted: 11/June/2018 at 11:38
What are your sources for the rule you have quoted?

Normally in urban areas Council is responsible for noise control. Normally daytime noise is more acceptable that night time noise (numbers of people at home, background noise, noise travels more widely at night etc.), Noise for 1 hours is more acceptable than noise going many hours, esp. hours during sleep times.

I would be inclined to believe your source and say Yes they are not breaking any rules. I guess next questions - are they in the same building or another building? How thin are the walls? Do they rent from the same landlord? I don't think an appeal to council will help you but there may be other options.


Posted By: GregRoberts
Date Posted: 11/June/2018 at 12:33
Originally posted by Luisa

What are your sources for the rule you have quoted?

Normally in urban areas Council is responsible for noise control. Normally daytime noise is more acceptable that night time noise (numbers of people at home, background noise, noise travels more widely at night etc.), Noise for 1 hours is more acceptable than noise going many hours, esp. hours during sleep times.

I would be inclined to believe your source and say Yes they are not breaking any rules. I guess next questions - are they in the same building or another building? How thin are the walls? Do they rent from the same landlord? I don't think an appeal to council will help you but there may be other options.


My soruce is below

http://www.environment.nsw.gov.au/questions/neighbours-playing-loud-music

We live in different buildings ( Houses )

Thanks




Posted By: citizen-joe
Date Posted: 11/June/2018 at 15:27
Have you spoken with the neighbours, a polite approach asking them to please keep the music down a little because it is frightening your child, or similar may work, especially if you approach them in a courteous way and ask if there is anything you do that disturbs them, with a view of changing your behaviour also.

Are your owners tenants? If so there is nothing to stop you complaining to the landlords. Most rental agreements have a clause about not disturbing the neighbours or something similar.

Note that the rule you quoted specifies the times that the neighbour must keep the noise down, but it goes on to say the other things you can do for unreasonable noise at all times, if the above approach does not work you have these other options available to you.


Posted By: GregRoberts
Date Posted: 15/June/2018 at 08:35
Originally posted by citizen-joe

Have you spoken with the neighbours, a polite approach asking them to please keep the music down a little because it is frightening your child, or similar may work, especially if you approach them in a courteous way and ask if there is anything you do that disturbs them, with a view of changing your behaviour also.

Are your owners tenants? If so there is nothing to stop you complaining to the landlords. Most rental agreements have a clause about not disturbing the neighbours or something similar.

Note that the rule you quoted specifies the times that the neighbour must keep the noise down, but it goes on to say the other things you can do for unreasonable noise at all times, if the above approach does not work you have these other options available to you.


yes, i tried to speak politely and courteously about the problem and asked if i do anything that disturbs him.. he told me to F off as its only an hour a day

They own the home ( i think its called owner occupier)

isnt the other options work only if the neighbour is willing to change and also only if they are breaking the rules? i dont think they are breaking any rules as they playing there music before

"neighbouring residence must cease during certain times: midnight to 8am on Friday, Saturday or any day preceding a public holiday and 10pm to 8am on any other day."

also i dont think he is the type to listen and i dont wont him to get violent at me or my family









Posted By: citizen-joe
Date Posted: 15/June/2018 at 12:40
That's tough Greg. When you are stuck with an unreasonable neighbour there is not a lot you can do about it if he isn't actually breaking the law.

I wonder if you have considered what else you can do avoid your child being subjected to the noise and bad language?

If it was me I'd be looking at options such as going out down the park when this noise starts, having some child friendly DVDs available to put on to drown out the noise and entertain the child. Perhaps you can find something that will work and suit your situation.

Sorry I was not able to help.


Posted By: GregRoberts
Date Posted: 25/June/2018 at 08:37
Originally posted by citizen-joe

That's tough Greg. When you are stuck with an unreasonable neighbour there is not a lot you can do about it if he isn't actually breaking the law.

I wonder if you have considered what else you can do avoid your child being subjected to the noise and bad language?

If it was me I'd be looking at options such as going out down the park when this noise starts, having some child friendly DVDs available to put on to drown out the noise and entertain the child. Perhaps you can find something that will work and suit your situation.

Sorry I was not able to help.


Yes, thank you for your help... going to the park is seems like a good idea



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