Noise Complaints

Neighbourhood noise is a common occurrence in an urban area like the City of Parramatta.

Finding out whether a particular noise represents a legal breach, and therefore is unacceptable, however can be complex. 

This webpage seeks to explain the relevant noise pollution rules, how you can resolve the issue with your neighbours and how to go about reporting the issue to the relevant authority.

1. Know the Rules

Neighbourhood Nuisance Noises

The Protection of the Environment Operations (Noise Control) Regulation 2008 provides specific time restrictions on the use of potentially high noise nuisance causing items.

The following provides a guide to when noise is not permitted to be heard inside a habitable room of a neighbouring residential premises.

In addition to the above time restrictions, the Protection of the Environment Operations Act 1997 (POEO Act) prohibits the emission of offensive noise at any time.

Noise is considered offensive by reason of its level, nature, character or quality or the time at which it is made, or if it:

• is harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted
• interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted.

Building and Development Sites

Most building and development sites are subject to approval conditions restricting noisy works to:

• 7am to 5pm Monday to Friday
• 8am to 5pm Saturday; and
• No work on Sunday or public holidays.  

Any construction noise that occurs within those hours is acceptable.  

Further to this, some night works may be approved by Council or the NSW Government for large stage works that take longer than the approved hours permitted, such as pouring and finishing large concrete floor slabs.  

Generally most developers will apply for an extended hours permit, which Council accesses and notifies the surrounding properties usually at least 72 hours before the work.  

Other out-of-hours work that may occur is essential work (including roadworks and electricity and gas connections) that cannot be conducted during the day. 

Community members may be able to learn about approved hours for construction and building activity by looking for approval conditions issued:

• By Council (find these on Council’s development application tracker); or
• By the NSW Government as State Significant Development

2. Talk to your Neighbours

If noise is causing an ongoing issue, it is recommended that you discuss your concerns with your neighbour directly.

In most cases, a positive outcome can be negotiated and neighbourly relations can be maintained whilst using a direct communication forum.

3. Reporting the Issue 

If you are unable to come to an agreement with your neighbour, and you are unhappy with the noise, you may report the issue to Council. 

You can report the issue via emailing council@cityofparramatta.nsw.gov.au or, if an after hours emergency, by calling 02 9806 5050.  

To assist in our investigation of the matter, you will be required to complete and submit a noise observation log that records the:

• Details of the noise nuisance you are experiencing
• The times you experience the noise
• The frequency of the noise, level of noise and the noise effects.

Council will not be able to take action without any supporting evidence.

In addition, Council may not always be the appropriate regulatory authority. 

Noise regulations are shared between Council, NSW Police and the NSW Environmental Protection Authority (EPA). For instance complaints about noise from:

• Late night parties should be directed to the NSW Police (call the Police Assistance Line on 131 444)
• A vehicle on a public road should be directed to the NSW EPA or NSW Police
• A licensed premises (such as pubs, clubs, small bars, restaurants and other premises that sell alcohol) should be directed to Liquor and Gaming NSW.

In addition, information about how to report a nuisance dog can be found at this page.

4. If the Noise Continues

If your neighbour continues to make noise and you wish to take action further to Council’s  actions, you can seek a Noise Abatement Order under section 268 of the Protection of the Environment Operations Act 1997.

To apply for an order, contact your local court. There are fees for applying for a noise abatement order.

If the court is satisfied that the neighbour is causing an offensive noise, or that the noise is likely to recur, the court may issue a cease order to the noise or prevent a recurrence. If the person fails to comply with the order, they could be prosecuted.

The person responsible for causing the noise can appeal against the order.