Domestic air conditioners manufactured on or after 1 March 1986 must have a noise label securely attached in a conspicuous position displaying the sound power level. It is against the law to sell a domestic air conditioner without an affixed noise label.
Air Conditioner Noise and the Law
Under the provisions of the Protection of the Environment Operations (Noise Control) Regulations 2008 a person must not cause or permit an air conditioner to be used on residential premises if noise is audible within a habitable room of any other residential premises regardless of whether any door or window to that room is open:
- before 8am or after 10pm on any Saturday, Sunday or public holiday
- before 7am or after 10pm on any other day
Action may be taken in regards to breaches of the regulations and after an investigation and verification of the noise this may escalate to prevention notice noise notices and/or penalty notices being issued for breaches of these regulations for corporations or individuals.
Before getting in touch with the Mosman Council, you should consider contacting your neighbour to work out a solution to your noise concern. Ensure that you write to the neighbour advising them of the noise issue and the impact it is having on the repose of your premises.
If this approach is not successful and noise is recurring, you may consider contacting a Community Justice Centre. The government-funded but independent organisation specialises in settling neighbour disputes without getting into lengthy or expensive legal processes.
A complaint can be made to the Council if the above is not successful in solving the problem. It is important to keep records of all relevant details of the noise occurrence date, time, type of noise, origin of noise and disturbance, including action already taken and the offending property address.
Please note the Council can only assist and take action on your behalf if the presence of offensive noise has been established and that the noise source and occurrence verified.
If you are affected by offensive noise, you can seek a noise abatement order under law. Please visit the NSW EPA website for more details.