Welcome to Yahoo’s weekly column where lawyers Alison and Jillian Barrett from Maurice Blackburn tackle problems everyday Aussies face — whether it be consumer, property, money matters, relationships or work.
Question
My neighbour throws large amounts of bread and seed into their backyard every morning to feed birds. What started as a quirky habit has turned into a serious problem — our street is now overrun with pigeons and rats, we have droppings on our property, noises in the roof at night and rodents running along the fences. We’ve raised it politely but the neighbour insists they’re “helping wildlife” and says we’re overreacting. Are there laws around this, and what options do we have? — NSW
Answer
There is no law that flatly bans backyard bird feeding, but the law does regulate the consequences of bird feeding, that is, vermin, droppings, unsanitary conditions, and interference with surrounding properties.
A landowner or occupier is ultimately responsible for the wildlife and birds on their property and should avoid feeding birds in a way that causes them to become a nuisance or a threat to health and safety.
Evidence matters: start gathering it now
Before making a complaint, in order to support it and any future action you may wish to bring, you should start collating:
Photos or video of large quantities of food being distributed
Evidence of rats or pigeons: droppings, nests, roof access points
Pest control reports or invoices
A dated diary of observations, including the issues with noise
Records of attempts to raise the issue with your neighbour
Supportive witness statements from other neighbours who are also faced with the problem
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Alison and Jillian Barrett from Maurice Blackburn lawyers.
(Maurice Blackburn (William Gordon Photography))Council complaint
Making a complaint to your local council is your first and most practical option.
Most councils have information on their website detailing how to do this, and often complaints can be made online.
Under the Local Government Act 1993 (NSW), councils can issue orders to reduce public nuisances.
The council can investigate and issue a formal order requiring your neighbour to stop the conduct (bird feeding) that is causing the offensive or excessive noise, or unhygienic issues.
The Public Health Act 2010 (NSW) reinforces the council’s power, through its environmental health officers, to act on anything that causes or is likely to cause a risk to public health and safety.
Environmental health officers also have the power to enter your neighbour’s premises to inspect the property.
Fines can be imposed if any orders issued by the council are not adhered to.
Frame the complaint around health, not annoyance
When you approach the council, focus on health risks, vermin and unsanitary conditions rather than the fact that your neighbour feeds birds.
A complaint built around rats, droppings and roof access is far more likely to prompt action than a general amenity complaint.
This is particularly the case if you lodge the complaint with the supporting evidence listed above.
Private nuisance at common law
As a last resort, you may wish to consider a civil action against your neighbour.
A private nuisance action applies where there is a continuing and unreasonable interference with your use and enjoyment of your property.
Rat infestations, foul odours and repeated contamination of your property can support a nuisance claim.
It is more involved than a council complaint and generally a last resort, but it is a real legal option if council action does not fix the problem.
Negligence
Once a neighbour is put on notice that their behaviour is causing vermin, damage and health impacts, and they continue regardless, a negligence claim may be available.
This applies particularly if rodent infestation in the roof or walls causes structural damage, or if you or others are getting sick because of unsanitary conditions.
To have a successful claim, you will need to prove the link between their conduct and any financial loss you have suffered.
Private nuisance and negligence actions would need to be brought in the Small Claims Division of the NSW Local Court, where you would be seeking financial compensation for your losses.
Strata residents
If you are in a strata scheme, the conduct may also breach by-laws.
The owners’ corporation can enforce these, and if that fails, NCAT can hear the dispute.
What about mediation?
As of 1 July 2025, the NSW Government closed Community Justice Centres, which previously offered free neighbourhood mediation.
Free self-referral mediation for this type of dispute is unfortunately no longer available in NSW.
If you want to try to resolve it before escalating the dispute, you will need a private mediator, which is still often cheaper than litigation.
If the dispute were to reach court, mediation may be ordered at that stage.
Given the extent of what you have described and the potential health impacts, we expect that after lodging a detailed complaint your local council will take appropriate steps to address the issue.
This information is general in nature and should not be regarded as specific legal advice. For legal advice on a specific situation, consult a qualified solicitor.
The contents of this column reflect or are inspired by real-life experiences. Some details may be adapted.
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