Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

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Noise and pets

Generally there are council by-laws to resolve problems caused by unreasonable noise levels from cars, dogs that bark constantly and lawn mowers, power tools, air conditioners and musical instruments.

Noisy neighbours

Generally there are council by-laws to resolve problems caused by unreasonable noise levels from cars, dogs that bark constantly and lawn mowers, power tools, air conditioners and musical instruments. Contact your local council to find out what the rules are in your area.

Noise restrictions apply to particular times of day. The Environment Protection Authority has information about the prohibited times for residential noise.

See the The Law Handbook(opens in a new window) by the Fitzroy Legal Service Inc. for more information on noise restrictions and complaints.

What you can do

It’s always best to try to resolve the problem by talking with your neighbour first. The Dispute Settlement Centre of Victoria has information about resolving your own dispute.

Dangerous dogs and other pet problems

Many of the laws about pets are made by local councils. For example, councils can decide how many dogs you can keep on your property and whether or not you can keep chooks. Check with your local council about the laws that apply in your area.

If you own a pet you are responsible for its behaviour. This includes:

  • any damage that your pet causes, for example, if your pet wanders onto a road and a car swerves to avoid hitting it and hits a fence instead
  • if a dog attacks another person or animal – the penalty depends on how serious the attack is and whether the dog has attacked before – the council may seize and destroy the dog.

Dog and cats are not allowed to wander onto another person’s property. Wandering dogs and cats may be seized by the property owner or the council. If the owner does not collect the animal or if the council believes the dog may be dangerous, the dog could be destroyed.

For more information about dog offences see Owning a dog.

What you can do

If you have a problem with a neighbour’s pet, try talking to the neighbour before making a formal complaint.

If doesn’t fix the problem, your local council can speak to your neighbour on your behalf and may also take the matter to court. The Department of Environment, Land, Water and Planning can help to find your local council.

Updated

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