Neighbours Rights: Living in Peace

Everyone has the right to live in peace in their house, regardless of where they reside or whether they rent or own it.  Moreover, you are not expected to put up with excessive loudness or verbal or physical abuse from neighbours.

If you believe your safety or the safety of others is jeopardised, call the police at 131 444 (or 000 in an emergency).

Disruptive behaviour

Disruptive behaviour is defined as anything that interferes with the quiet enjoyment of your home on an unreasonable or repeated basis. This can include, for instance:

• excessive and unusual noise or smell
• threats, intimidation, insulting behaviour or assault
•  persistent trespass
• theft, vandalism or graffiti
• noise and disruption from marital fights
• street fighting and verbal abuse between a neighbour and their guests

However, it is important to note that disruptive behaviour does not include:

• noise and activity connected with regular everyday living, such as children playing

Dealing with Disruption

Step 1: Talk to your neighbours first

• be prepared to be reasonable and compromise
• don’t argue with your neighbour or their visitors
• don’t threaten or be aggressive towards your neighbour or their visitors
• don’t engage in any illegal activity – e.g. trespass, vandalism

Furthermore, seek assistance in dealing with disputes:

• Consumer and Business Services (if the neighbour causing the disturbance is renting the property from the owner)
• Community Mediation Services
• Legal Services Commission

Step 2: Keep written records

Maintain a careful written record of each individual disturbance involving your neighbours:

• where it occurred and a description of the occurrence
• how it affected you
• what action you took – eg reported

Step 3: Report incidents to the appropriate agency

Certain sorts of behaviour can be dealt with by specific agencies. Keep a copy of any correspondence you get from agencies about your concerns, as well as a record of your interactions with them.

Police – call 131 444 (emergencies 000) for:

• late-night noise concerns, such as loud music and parties;
• graffiti, vandalism, and suspected unlawful activities;
• reckless or hazardous driving; and
• if you believe your safety or the safety of others is jeopardised.

The property owner or body corporate management is responsible for the following:

• parking and cars, community corporation car parks
• trees, garbage, or the overall state of private land
• abandoned premises
• Concerns about fencing, boundaries, and encroachment