Disputes & Legal
In this article
- What the model rules say about ‘undue noise’ — and what that means in practice
- A step-by-step process from direct communication to VCAT
- How to document noise issues effectively
- Renovation and construction noise — permitted hours and rules
- Options for short-stay (Airbnb) noise problems
Noise is the most common OC dispute
Noise complaints make up a significant proportion of owners corporation disputes across Victoria. Understanding your rights and following a structured process gives you the best chance of resolution.
Living in close proximity means that sounds from neighbouring lots — music, footsteps, parties, pets, renovations — can significantly affect quality of life. Understanding your rights and the process available under Victoria’s OC framework is the first step.
What Do the Model Rules Say About Noise?
⚖️ Model rules — Schedule 2, OC Regulations 2018
A lot owner or occupier must not make or permit undue noise in or about the common property or any lot. The key word is ‘undue’ — not all noise is prohibited, only noise that is unreasonable in the circumstances.
What constitutes “undue” noise depends on: the time of day, the nature and volume of the noise, the frequency and duration, the type of building, and whether the noise is avoidable.
Step-by-Step Resolution Process
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Direct communication — Speak with your neighbour calmly. Many noise issues arise because the person making the noise is simply unaware of the impact.
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Document the problem — Keep a detailed log — dates, times, type and duration of noise, impact on you (sleep disruption, inability to use your lot), and any witnesses. Audio or video recordings can be valuable evidence.
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Formal complaint to the OC — Lodge a formal written complaint with the OC. The committee will review it and may issue a breach notice.
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Breach notice process — The person has at least 28 days to rectify the breach. If they do not, the OC may apply to VCAT.
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VCAT application — Apply to VCAT for orders requiring the person to cease the noise and imposing penalties for continued breaches.
Council and EPA as additional options
For extreme noise (construction outside permitted hours, persistent loud music), you may also contact your local council. Council officers can issue noise abatement notices. The EPA regulates certain commercial and industrial noise.
Renovation and Construction Noise
Renovation noise is regulated by local councils. Typical permitted hours for residential construction and renovation work are Monday to Friday 7am–6pm, Saturday 9am–1pm, and not on Sundays or public holidays. OC rules may impose additional restrictions in apartment buildings.
Short-stay accommodation noise
Where noise originates from short-stay (Airbnb) guests, the owners corporation can use the short-stay accommodation provisions of the Act, including applying for prohibition orders if the problem is persistent.
Frequently Asked Questions
🏠 Can I force my neighbour to install carpet or soundproofing?
Not directly. However, some owners corporations have registered rules requiring certain flooring types or acoustic standards. Check your OC’s registered rules.
💰 Can the OC fine someone for noise?
The owners corporation cannot directly impose fines. However, VCAT can impose penalties for rule breaches, and the threat of a VCAT application often motivates compliance.
📋 How do I prove noise in a VCAT hearing?
A detailed log, audio recordings, and witness statements from other affected residents are the most useful forms of evidence. Focus on specific dates, times, duration, and impact.
📋 Key takeaways
- The model rules prohibit ‘undue noise’ — not all noise, only unreasonable noise given the circumstances.
- Start with direct communication — many noise issues resolve at this stage.
- A detailed log with dates, times, type, duration, and impact is essential evidence.
- The OC can issue breach notices; VCAT can impose penalties and make orders.
- Renovation noise is regulated by local councils — typically Monday–Friday 7am–6pm, Saturday 9am–1pm.