Everyone likes it when there are good neighbours around them; sometimes, neighbours can be caring and willing to help you. But sometimes, they can also be vindictive and irritating. You can learn How to Deal with Neighbour Disputes via informal negotiations, but they cross the limit and seek legal help or advice.
Neighbours who carry out illegal activities and will refuse requests to stop can be dealt with with the help of laws. If you want to know how to make a complaint about a neighbour to the court, read the guide below. When neighbours are proven guilty, strict action is taken by the law.
If you are looking to make a complaint to the council about the existing noise problems caused by the neighbours, keep in mind the following things:
Various Australian councils have a separate procedures for dealing with these noise issues. Differently, you can contact your local council to learn more about the noise complaint process. They may ask you the following:
You must inform them clearly about the major issue you are complaining about. Recording the duration, time, and other details would be crucial. You also must inform your council if your neighbours filed complaints against you.
Some councils might suggest you mediation as a solution before taking any actions. Before knowing how to make a complaint against a neighbour, you must know that sometimes councils do not act much on neighbour noise complaints. If your council does not choose to act and you find it difficult to settle things facing a dispute with your neighbour with the help of mediation, going to court would be the option.
Your local council will run an investigation of your complaint, and some of the steps in the investigation can include the following:
The more information you can provide to the council, the better the investigation will be. Any information you provide to the council might be given to your neighbour.
Your local council might suggest mediation between you and your troublesome neighbour. Mediation is the process where an unbiased and neutral individual, known as a mediator, will assist you and your neighbour in talking through the problem to try and find a solution. Though a mediator will not decide what is right or wrong, they usually focus on assisting people who wish to compromise on disagreements.
After the complaint is investigated, the council officers usually decide what actions are to be taken. They will have various options, and the steps they will take will depend on the level of noise that is disturbing you.
The law usually sets times restricting specific noises if the noise can be heard from inside the property. You can check relevant sites to learn more about noise restrictions in Australia.
If your neighbour has breached any noise restrictions, the council can warn them to stop the noise. But if an individual continues to breach noise restrictions 28 days after the warning was issued, the council might issue a penalty notice or fine. They will charge the individual making the noise with an offence.
A local council usually issues this type of order to owners of cats or dogs. Nuisance can include making continuous noise or noise that interferes with the peace of another individual.
Nuisance can also be other actions like a dog or cat roaming the streets and destroying property. Before hiring neighbour dispute lawyers, you must know more about this order. Under this order, the owner must take steps to prevent the pet from creating any problems.
For instance, an owner may need to lessen the amount of barking done by their dog. The owner will usually be provided with a notice of intention to issue the order before the council issues a nuisance order.
The owner will have around a week to object to this order, and if they do not show any objection, the council will go ahead and consider the objection and decide if they want to go ahead with the order. This order will last for six months.
A prevention noise is a kind of formal notice that is issued in writing, normally issued by a local council to an individual making the noise or any property occupier from where the noise is coming from. A prevention noise is usually used for any kind of noise that includes people, animals and equipment that creates noise.
If your neighbourhood is provided with a prevention notice, they must immediately comply with it unless there is a later date. There is no end date to any prevention notice. If you find that the neighbour does not agree with the notice, they are free to file an appeal in the land and environment court within 21 days of being served.
If you notice that the noise continues even after the notice has been issued, you must contact the council. Council officers can investigate further if there is any breach in the notice, order or direction and appropriately fine the neighbours.
You can take the help of the best neighbour dispute lawyers in your area to get help in filing a complaint to the council for excessive noise. But if you see that your neighbours did not comply with any order or notice provided by the council, you can inform the council. Contact Civil Lawyers Perth WA to access the best lawyers in Australia who can help you take this matter to court if required.