Noise coming from neighbouring premises often causes disputes between neighbours. Typical complaints concern barking dogs, loud sound systems, air conditioners, lawnmowers, manufacturing machinery, unattended burglar alarm systems and parties.

A person who is upset by a neighbour's noise should first try talking to the neighbour to see if the noise can be stopped or reduced or restricted to certain hours of the day. If this fails, it may be worth contacting a mediation service. Mediation can often settle a dispute such as this and avoid the need for legal action which should be viewed as a last resort.

Most domestic noise is governed by the Local Nuisance and Litter Control Act 2016 (SA). Under this Act, it is a criminal offence to cause a local nuisance. If a noise falls within the definition of a local nuisance, complaints may be handled by your local council.

A noisy activity may be a local nuisance if the level, nature or extent of the noise (including its volume, pitch, vibrational frequency, prevalence or frequency of occurrence) unreasonably interferes with the enjoyment of neighbouring premises.

Some examples include:

Fixed machine noise on domestic premises

Noise generated by fixed machinery on domestic premises (e.g. air conditioners) will constitute a local nuisance if the noise is of such volume that it travels from the domestic premises to a habitable room, or an outdoor courtyard or entertainment area, on neighbouring premises.

Domestic activity

Other noise generated from domestic premises (e.g. non-fixed machinery, tools, equipment) can also be a local nuisance if the noise travels to neighbouring premises between the hours of 8 pm and 8 am (9 am on Sunday).

Construction noise

Construction noise will fall under the definition of a local nuisance if the noise travels from the location of the construction activity to neighbouring premises before 7 am and after 7 pm from Monday to Saturday, or at any time on a Sunday or public holiday.

Waste collection, street sweeping and tree maintenance

Waste collection, public street sweeping and tree maintenance noise that travels to neighbouring premises before 7 am and after 7 pm from Monday to Saturday, or before 9 am and after 7 pm on a Sunday or public holiday, is prohibited.

Penalties

The maximum penalty for causing a local nuisance under the Local Nuisance and Litter Control Act 2016 (SA) is $10 000 for a natural person and $20,000 for a body corporate (with an expiation fee of $500). If the person has carried on an activity intentionally or recklessly and with knowledge it will result in a local nuisance the penalties are more severe. In these instances the maximum penalty for a natural person is $30,000 and for a body corporate $60,000 [s 18].

It is also an offence to fail to cease an activity if requested by an authorised officer. The maximum penalty is $5,000 (expiation fee: $210) [s 20].

Noise that is not a local nuisance

Not all noise comes within the definition of a local nuisance. The following are declared under Schedule 1 of the Local Nuisance and Litter Control Act 2016 (SA) as not constituting a local nuisance:

What can be done about a local nuisance?

If neighbours are unable to resolve a noise-related issue between themselves or with the help of a mediator, a complaint may be made to the local council. Authorised officers can decide whether or not the noise in question constitutes a local nuisance. If it does, they may issue a nuisance abatement notice which will require the neighbour to stop making the noise. They may also issue a fine.

Anyone affected by a local nuisance may apply to the Environment, Resources and Development Court for orders to stop the nuisance. However, an unsuccessful application may result in the applicant having to pay the legal and non-legal costs of the neighbour. Legal advice should be sought before making such an application to the court.

For further information on dealing with noise and neighbours see our Noisy Neighbours Brochure.