Nuisance complaints

Nuisances are investigated by Council under the Neighbourhood Amenity Local Law (Local Law) or the Public Health and Wellbeing Act 2008 and regulations.

What is a nuisance?

Noticing an issue does not mean it is defined as a nuisance under the Local Law or the Public Health and Wellbeing Act.

Under the Local Law, something would be considered a nuisance if it creates "any condition which is liable to be noxious, offensive, dangerous or injurious to health or personal comfort."

Under the Public Health and Wellbeing Act 2008, nuisances “are, or are liable to be, dangerous to health or offensive.

Types of nuisance

There are four types of nuisance complaints that you may wish to report to Council.

Depending on the source of the nuisance, other Authorities might be involved. For example, dust from a commercial business would be relevant to the Environmental Protection Authority.

Barking dogs are a complex issue. For more information about barking dogs, visit the Barking Dogs webpage.

Type of nuisance	Examples of complaints Council can investigate	Examples of complaints Council cannot investigate	Examples of complaints that would be investigated by an Authority other than Council.
Noise	Loud music, animal (pet or farm), or recreational vehicle noise played for more than 5 hours everyday	A door banging, noise from wild or feral animals, or general vehicle or traffic sounds	Music noise from a licenced commercial premises eg Pub
Odour	A neighbour is storing rotting plants, or animal products causing an odour	Random smell of an unknown nature from an unknown location	Chemical smell from a spray painting business, or Commercial Operation
Smoke	A neighbour causing excess smoke from a chimney every day, or concerns of toxic substances being burned	A fire that is contained in a fire pit for purposes of heat, comfort, or cooking*	Smoke and dust from a Commercial premises
Light	A flood light pointed at a bedroom window	A random light visible in the distance – seen outside only not from a habitable room	A Commercial premises using flood lights to light signage.

*All open fires are banned on Declared Total Fire Ban Days. If a neighbour has an open fire on a total fire ban day, please notify Fire Rescue Victoria by calling Triple Zero 000.

Resolving disputes

Resolving disputes with a neighbour

Resolving a dispute with a neighbour

If you have a nuisance problem with a neighbour, we encourage you talk to them work together to find a solution if it is safe to do so.

Your neighbour may not be aware that they are disturbing you.

Before you approach your neighbour, plan what you are going to say. If you are pleasant and keep calm then they are more likely to respond positively. Try to find a time when you can remain calm and your neighbour will listen to your concern.

The best approach might be to explain how the nuisance disturbs your need for peace, relaxation or sleep, and how this makes you feel. Try to focus on what you are experiencing (seeing, hearing, smelling etc) rather than what our neighbours are doing.

If you don't feel comfortable speaking with them in person, consider writing a letter.
Not sure what to write? Use our sample letter.

If the problem is behavioural or occurs after hours, Police should be contacted at the time of offence. Call the Police Assistance Line on 131 444. For emergencies call Triple Zero 000.

Environmental Protection Authority (EPA)

The Environmental Protecton Authority website offers advice and solutions to residential, commercial and vehicle noise issues. You can also view the laws and regulations including prohibited times for noise.

Victoria Police

Victorian Police also have the power to deal with certain noise complaints - such as loud music or parties. Police officers can issue a Direction that lasts for 72 hours or issue a fine.

If the situation is urgent

Call Triple Zero 000 in an emergency

Call the Police Assistance Line on 131 444 at the time of the noise

Submitting a nuisance complaint to Council

If you cannot resolve the issue with your neighbour, contact us on 1300 368 333. Your complaint will be passed to an Authorised Officer, and you will be given a reference number.

What happens after you contact us?

For our Authorised Officers to investigate a nuisance complaint, we need you to complete a nuisance log for the most recent two weeks. We will ask you to complete one before we can progress your complaint.

Complete a nuisance log

The log helps our officers understand what type of issues are occurring and how it is affecting you at home. Please sign and date the log sheet and return it to Council as soon as possible.

For general noise, odour, smoke, or light nuisance complaints: Download nuisance log

For barking dogs complaints: Visit the Barking Dogs website.

The officer will also contact your neighbour to notify them that a complaint has been received. Your personal details are always kept confidential and will never be shared without your consent due to Council's responsibilities under the Privacy Act and Public Health and Wellbeing Act.

Please note: nuisance complaints are complex to investigate. An authorised officer must be ablet to prove an offence before any enforcement action can be taken. Without a completed log, your complaint cannot be properly investigated.

What can Council do?

Once the officer has reviewed your log(s) and it identified that the issue is a nuisance under the Local Law or Public Health and Wellbeing Act they may:

Educate your neighbour about the issue, or

Issue a Notice to Comply to your neighbour

The officer may also need to experience the nuisance from your home themselves and may ask to visit your home when it is occuring

If a Notice to Comply is issued and the neighbour does not comply with the Notice, further action may be taken including possible fines.

In serious cases, Council can issue Improvement or Prohibition Notices under the Public Health and Wellbeing Act 2008 and/or take the matter to the Magistrates Court. If this happens you may be asked to appear as a witness in a Victorian Magistrates Court.

Unable to settle a dispute?

If Council cannot take action for your nuisance matter, you may need to settle it privately.

If you are unable to resolve the issue with your neighbour you can contact the Dispute Settlement Centre of Victoria which provides useful videos, information, relevant links and contacts to assist residents on how to effectively resolve disputes for further information or assistance.

Further Information about Laws and Regulations

Read the Yarra Ranges Neighbourhood Amenity Local Law

For more information about noise nuisance, read our Neighbourhood Amenity Local Law

Quick links

Was this page helpful? * (required)

Help us improve this site

Yes
Maybe
No

If no, what information where you trying to find, or what task were you trying to complete?

How can we improve this page?

Email address