Where do I start?

Often, neighbours are unaware of the concerns they may be causing and are willing to work towards a solution. By speaking with your neighbour early, you can avoid misunderstandings and prevent the issue from escalating into a more stressful or prolonged dispute. Many problems can be resolved quickly and amicably through open and respectful communication.  

Council encourages residents to engage with their neighbours to find a resolution before lodging a formal complaint. Council will only intervene as a last resort when all efforts to resolve the matter directly have been exhausted. Taking this approach fosters better relationships within your community and promotes a harmonious living environment.

Reaching out to your neighbour

Meeting face-to-face

Choose the right time: Approach your neighbour when they appear relaxed and available. Avoid times when they may be busy or stressed.

Talking on the phone

If meeting the person isn’t possible, a phone call is a good alternative. It allows for direct and immediate conversation while maintaining a personal touch. 

Sending a Letter, Email or Text

When neither of the above are feasible, writing correspondence can be a helpful approach. This allows you to clearly explain you concerns and gives your neighbour time to consider and respond thoughtfully.

Tips on talking to your neighbour

Approaching your neighbour about a concern can be challenging. Here are some tips for addressing issues through different methods:

Be Calm and Respectful  

Approach your neighbour in a calm and friendly manner. Avoid blaming or using accusatory language, as this can escalate the situation. A respectful attitude encourages a positive response and sets the tone for a productive conversation.  

Listen Actively

Take the time to hear your neighbour’s perspective without interrupting. Show that you value their input by acknowledging their concerns. Active listening fosters mutual understanding and helps build trust.  

Focus on the Issue

Stay on topic and avoid bringing up unrelated past grievances. Clearly explain the specific problem and how it impacts you, without making it personal. Keeping the conversation focused helps to find solutions faster. 

Offer Solutions

Instead of just highlighting the problem, propose possible ways to resolve it. Be open to discussing their ideas as well. A collaborative approach shows you’re willing to work together and increases the chances of finding a resolution. 

Compromise

Be prepared to meet your neighbour halfway if needed. Flexibility and willingness to adjust your expectations can help resolve disputes amicably and maintain good relations.  

Keep a Record

After your discussion, write down the date, details of the conversation, and any agreements reached. This can be useful if the issue persists or escalates, as it demonstrates your efforts to resolve the matter responsibly should you later decide to go to the NSW Civil and Administrative Tribunal (NCAT) or the Local Court.

Alternative Dispute Resolution

If you are unable to resolve the issue by speaking with your neighbour, you can consider Alternative Dispute Resolution (ADR). 

ADR offers a range of processes, such as arbitration, mediation and conciliation, to help resolve disputes without the need for court proceedings. It is often faster, less expensive, and less stressful than going to court, while also helping to preserve relationships. 

There are different kinds of ADR to choose from, including:

Private Mediation

Mediation is an ADR process where an independent third party, the mediator, assists the people in dispute to identify the disputed issues, develop options, consider alternatives and try to reach an agreement. However, the mediator does not give their advice or opinion about the issues or have any role in deciding the outcome of the mediation.

Conciliation

A conciliator may have professional expertise in the subject matter in dispute and will generally provide advice about the issues and options for resolution. However, a conciliator will not make a judgment or decision about the dispute.

Arbitration

Arbitration can be a much more formal and structured process than mediation or conciliation. In some ways it is more similar to court, because at the end of the session the arbitrator makes a binding decision.

Benefits of ADR

• Faster resolutions than formal legal proceedings
• Lower cost compared to legal action
• Confidential and flexible approach
• Helps preserve neighbourly relationships

For more information on the ADR process visit Local Court New South Wales - ADR

ADR service providers

Visit the following websites for more information about ADR service providers and how to get started:

• You can access solicitors who conduct ADR through the Law Society of NSW, which has a number of ADR programs.
• You can access barristers who conduct ADR through BarADR, an initiative of the Bar Association of NSW.
• You can find a mediator on the Register of Nationally Accredited Mediators.

Reaching an agreement

If you and your neighbour successfully reach an agreement, that’s a great outcome! To ensure clarity and avoid future misunderstandings, it’s important to put the agreement in writing. 

A written agreement should include:

• Details of the issue
• The agreed solution
• Any actions to be taken by each party
• A timeline for implementation

Ensure that your agreement complies with Council rules and regulations to avoid potential legal or regulatory issues.

For guidance on drafting agreements and what to do when broken, visit the Legal Aid website.

Going to court

If you are unhappy with the ADR outcome or if your dispute is still not resolved, you may consider raising the matter through formal legal channels.

Depending on the nature of the dispute, there are several courts and tribunals in New South Wales that handle civil disputes:

• Local Court: Handles civil disputes, including neighbourhood-related matters such as fences, property damage, noise issues, and tree disputes. For more information, visit the Local Court of NSW.
• NSW Civil and Administrative Tribunal (NCAT): Deals in specific civil matters, including strata disputes, residential disputes, and minor civil claims involving neighbours. To learn more, visit NCAT.
• Land and Environment Court of NSW: Specialises in resolving disputes related to environmental, land, development, building and planning. For more detailed information, visit Land and Environment Court of NSW.

Where to get legal and expert help

Before choosing to take the matter to court, you should seek legal advice about your options, including whether commencing court proceedings would be appropriate.

Law Society of New South Wales

Visit their website and use the Register of Solicitors to find a qualified solicitor in your local area who can offer professional legal advice. You can access the register on the Law Society Register of Solicitors website.

LawAccess NSW

For free legal information and referrals, please contact LawAccess at 1300 888 529. They can provide valuable guidance tailored to your situation.

For more information on where to get expert help please visit the Local Court New South Wales website.