NSW: Q&A Noisy Neighbour, Renovations and Construction Noise

Question: I’m a healthcare shift worker. My downstairs neighbours says I can’t shower after 9pm. What are my rights here?

I am renting an apartment. The woman below me is quite noise sensitive and isn’t the type of person I want to upset. However, I am a healthcare worker and do shift work. My job entails showering and changing incontinence pads, so when I come home, I would like to shower. She is now saying I can’t shower after 9pm because of noise laws. Is this the case? Especially during COVID-19 where hygiene now is paramount.

My shower isn’t loud- no squeaky taps or pipes. No water hammer.

What are my rights here? Am I allowed to shower?

Answer: In the absence of a by-law which might attempt to regulate showering times, it is reasonable for you to shower after 9:00pm, provided that you are not causing a “nuisance” which unreasonably interferes with your downstairs neighbour.

Offensive noise is defined in the Protection of the Environment Operations Act, 1997 as noise that by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances:

• Is or is likely to be harmful to a person who is outside the place where the noise is coming from; or.
• Interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or rest of a person who is outside the place where the noise is coming from.

“Noise” from showering does not appear to fall within the categories and even noise from air-conditioners is generally only regulated after 10:00pm.

In our view, in the absence of a by-law which might attempt to regulate showering times, it is reasonable for you to shower after 9:00pm, provided that you are not causing a “nuisance” which unreasonably interferes with your downstairs neighbour.

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