Find out how the law restricts noise from residences, animals and vehicles, including what the prohibited times are.
The Environment Protection Act 2017 says it’s an offence to make unreasonable noise from a residence. A residential property includes:
It doesn’t include land when construction, demolition or removal of a residence is being carried out, unless it is maintenance or repair of an existing building. Find out more about noise from construction, demolition or removal of a residence.
Residential noise enforcement officers from your local council can investigate and decide whether noise is unreasonable. They consider:
The Environment Protection Regulations 2021 cover specific sources of noise. Listed in the Regulations as ‘prescribed items’, these sources of noise range from electric power tools through to air conditioners. The Regulations also list the prohibited times for noise from these prescribed items. Noise is unreasonable when it occurs during prohibited hours and someone in a habitable room in any other residence can hear it.
A habitable room is any room in the house except:
Residential noise could still be assessed as unreasonable outside the items and times in the Regulations by a Council residential noise enforcement officer.
The prohibited times in the Regulations don’t apply when using:
A noisy air conditioner may be unreasonable, even during a health heat alert, if a residential noise enforcement officer determines the noise is unnecessarily impactful.
Monday to Friday before 7 am and after 8 pm.
Weekends and public holidays before 9 am and after 8 pm.
Monday to Friday before 7 am and after 8 pm.
Weekends and public holidays before 9 am and after 8 pm.
Monday to Friday before 7 am and after 10 pm.
Weekends and public holidays before 9 am and after 10 pm.
Monday to Friday before 7 am and after 11 pm.
Weekends and public holidays before 9 am and after 11 pm.
During a heat health alert, you can use your air conditioner at any time.
Monday to Thursday before 7 am and after 10 pm.
Friday before 7 am and after 11 pm.
Saturday and public holidays before 9 am and after 11 pm.
Sunday before 9 am and after 10 pm.
Monday to Friday before 7 am and after 8 pm.
Weekends and public holidays before 9 am and after 8 pm.
It's an offence to make unreasonable noise from a residence. Find tips on dealing with residential noise in Annoyed by noise? (publication 406). If your property has an owners' corporation, it must have a complaints process. The Owners Corporations Act 2016 requires this. It can help you communicate with your neighbour to resolve the problem. Consumer Affairs Victoria has information on complaint handling in your owners' corporation. The Dispute Settlement Centre of Victoria can also help you resolve residential noise problems. They aim to help people settle their disputes in a cooperative and lasting way. The process relies on the parties involved discussing the problem in the presence of a mediator. Services are free and confidential.
This doesn’t apply when the vehicle is entering or leaving a property.
Noise from vehicle maintenance and repair at your residence can be unreasonable. This includes noise from maintenance and repair coming from your garage, driveway or nature strip. For example, it may be unreasonable if it happens often or for a long time and disturbs neighbours.
This includes power tools and vehicles.
Like other noise from residences, noise from home repair or maintenance may be unreasonable at any time. This includes if noise is too loud, continues for too long or happens too often. This law applies to builders, homeowners, tenants and tradespeople.
The law on unreasonable noise applies when pumps from sanitary systems make unreasonable noise. Pumps from sanitary systems shouldn't make noise when installed the right way.
When animals disturb neighbours with noise, local council officers can use the Domestic Animals Act 1994 to investigate or prosecute. This includes noise from barking dogs. It’s an offence for the person living in the house to let their animals make persistent noise that disturbs people.