A legal expert has clarified the legal test for noise complaints when a neighbour plays loud music before 11pm, debunking a common misconception. Tom Janda, property partner at RFB Legal, explained that the 11pm rule is often misunderstood.
The 11pm Myth
Many believe you can make as much noise as you like during the day as long as it's reduced by 11pm. However, Janda says this is a "common misconception." The 11pm reference comes from the Noise Act 1996, which gives councils enhanced enforcement powers between 11pm and 7am.
"It doesn't mean you have free rein to make as much noise as you want during the day," Janda said. "The test is whether the noise is unreasonable and substantially interferes with other people's day-to-day lives."
What You Can Do
If you're experiencing ongoing noise problems, Janda advises keeping a record of when it happens and reporting it to your local council. Councils have the power to measure noise levels and issue fixed penalty notices. In serious cases, they can also seize equipment after an ongoing breach.
