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Proof is Easy to Come By A recording showing the decibels in your property of normal speech and background noise followed by a recording of the same areas when the neighbor is being noisy can be a very powerful tool for proving your case to law enforcement and in court.
Any complaints about noise should be directed to the Environmental Health Officer at your council.Call the police assistance line in NSW on 131 444 if the noise is non urgent or not related to violence.
In many cases the easiest way to record ambient sound is to use your video camera. Simply position the camera in a good spot to capture the scene's background noise, making sure you're not too close to anything that might sound noticeably louder then the rest of the background.
So that means, the quick answer to "is it legal for you to record noisy neighbours?" is "yes", but, as is so often the case with the law, there are caveats and exceptions. It is highly recommended that you follow the advice of a mediation service before installing any recording equipment.
If you have talked to your neighbour and they are still making noise you might consider getting the local authority involved. After you complain the council will send your neighbour a letter telling them that people have complained.
Re: Nuisance neighbour evidence.. To record it effectively you'll need a boundary or pressure zone mic -- or a contact mic -- fixed to the ceiling (or maybe a wall), and recorded with something that has a flat resposne down to 10Hz or so.
In industrial areas, the permissible limit is 75 dB for daytime and 70 dB at night. In commercial areas, it is 65 dB and 55 dB, while in residential areas it is 55 dB and 45 dB during daytime and night respectively.
Laws in the U.S. Related to Noise at Night The accepted standard is that people should not be playing loud music (50 decibels or higher) between the hours of 11 p.m. and 7 a.m. Many feel that it is acceptable to push that to midnight or 1 a.m. on weekends and holidays.
In dwellings, the critical effects of noise are on sleep, annoyance and speech interference. To avoid sleep disturbance, indoor guideline values for bedrooms are 30 dB LAeq for continuous noise and 45 dB LAmax for single sound events. Lower levels may be annoying, depending on the nature of the noise source.