Real Estate Sacrificed on Alter of Mining Boom

Speaking at the recent First National convention in Coolum, well-known and respected economic forecaster, Charlie Nelson said it appeared as if the government and reserve bank had put all their eggs in the mining basket and the housing industry, amongst others, could wither.  “The real estate industry is being sacrificed on the altar of the resources boom” said Charlie, “if the Reserve Bank have got this wrong, we are all in trouble”.

The economic outlook is far from a consensus view with economists predicting growth anywhere between 3 and 5%.  The minutes of the latest Reserve Bank meeting predict underlying inflation being above 3% within the next 3 years which is the top of the target band.  The RBA says interest rates will need to rise to rein in inflation.  Interest payments as a proportion of disposable income have risen to warning levels and still rising.

But there is some light at the end of the tunnel.  It would appear the worst is over for Australian economy, household debt is no longer growing, credit card debt is growing sustainably and house prices have recovered from their 5% drop in the GFC.   Household savings ratios have been increasing since 2006 and more and more people feel they have no major financial concerns.  Willingness and ability to spend are increasing, especially among younger and older age groups.

With increased savings, Charlie believes Australians will go back to spending, but not until their asset bases have recovered to pre GFC levels.  With regard to house prices, “Negative price commentary from the media does not help the situation” says Charlie, “we need to be more realistic” he says.  “House prices will stay steady and then gradually rise unless there is an increase in interest rates.  Australia does not have the structural faults of the US market and we are still 180,000 houses short in Australia”.

Charlie believes some of the new austerity will continue to have effect.  “Consumers will be looking for houses closer to railways and with greater energy efficiency” says Charlie, “the new rules around self managed superannuation will also release funds for property investment.  But all of this could be undone by poor government policy in the future.  Real estate investors are always happy to ride the waves but they need to ride out the storms as well.”

Housing Crash ‘Dead Certain’

Attention grabbing right?

This headline’s possibly coming next because, despite hysterical storylines and catch cries to date, the Australian housing market just stubbornly refuses to throw in the towel to Australia’s newspapers and admit it is 40 to 50 per cent overvalued.

RP Data Indices, due for release tomorrow, will show that although home values were down 2.1 per cent over the March quarter, month to month results show an improving trend after January with values in February down by -0.5% and March virtually flat at -0.2%. Watch them say the market’s ‘locked in the doldrums’.

And this follows one of the world’s strongest post-GFC property market performances? There must be something wrong.

Considering Australian housing stock levels are riding 68 per cent above average and the number of days it takes to sell a house have adjusted accordingly, it takes no genius to work out that it’s the homes that are being significantly discounted that are selling. That hits statistics hard, but even still, these results show resilience beyond mere luck.

With the market showing a virtually flat result for March, one wonders when, if ever, Australia will indulge itself momentarily and acknowledge the market’s fundamental strength. Look around, the streets are not exactly awash with overly confident Australians. The rapidly rising cost of living and a looming carbon tax have seen to that. Yet housing prices have managed to arrest their slide?

But the horror, doomsday headlines persist.

Michael Pascoe explains it succinctly – scary headlines get attention. ‘You attract more readers by shouting “You’re about to lose everything” than with a headline that suggests “It’s a nice day”’.

The Reserve Bank and Australian Prudential Regulation Authority have closely analysed the risk of a huge swathe of value being wiped from Australian homes and have convincingly, easily and overwhelmingly declared it unlikely.

Yet when rating agency, Fitch (who helped create the US sub-prime crisis) declared it would ‘stress test’ Australian banks because of our housing prices, it sounded like something must be desperately wrong to the vast majority of Australian newspapers – once again. It’s an all too familiar refrain.

It didn’t bother them that our banks’ housing exposure had already been tested by more credible authorities, or that our banks had already passed the best stress test of all with flying colours in 2007 – the Global Financial Crisis.

What Fitch found amounted to almost nothing. Still, it made an announcement for the sake of an announcement, about just one part of the market.

The claim? The number of Mortgage backed securities and low-doc loans where repayments are 30 days late has increased by 0.42 per cent. Yes, that’s right folks, less than half a percent. And, worse still, these people who are late with their payments haven’t defaulted. They’re just a little late.

Somehow, this bit of data was translated into one of the most outlandish pieces of spin yet produced by the doomsayers – ‘Home loan defaults continue to soar as more households crumble under financial stress and fail to make mortgage payments’ – drum roll, take a bow Herald Sun.

Stop the press.

The proportion of non-performing Australian mortgages is a tiny 0.7 per cent. Only one third of Australians have a mortgage. With such high levels of unencumbered property owned by Australians, the kind of spiraling housing crisis being experienced in the USA is virtually impossible to replicate here. And that’s before you consider the local shortage of supply, strong immigration, near full employment. But let’s not digress with mere facts like those.

When house prices enter a downward cycle, many Australians just choose not to sell their property, whether they have a mortgage or not. In America, and particularly as a result of the GFC, it has proven the reverse. Non-recourse loans encourage borrowers to abandon their property, return it to the bank, and escape the responsibility of repayments on a property no longer worth what was paid. After all, why stick around if there’s no legal requirement to do so?

This vicious cycle hurls a glut of properties onto an ever-growing real estate bonfire, prices being the sickening casualty.

See any similarity to Australia Fitch?

Following one of the worst years of natural disasters in living memory, quite a few Australians have been pre-occupied with recovery. At the same time, we’ve been on a much-lauded saving trend as well. So, while many of us are busy replacing more TVs, washing machines, cars, furniture and household belongings than normal in any given year, clearly the overwhelming majority have managed to meet mortgage obligations as well.

It would appear the worst is over for Australian economy.

Well-known and respected economic forecaster, Charlie Nelson recently said Household debt is no longer growing, credit card debt is growing sustainably and house prices have recovered from their 5% drop in the GFC.   Household savings ratios have been increasing since 2006 and more and more people feel they have no major financial concerns.  Willingness and ability to spend are increasing, especially among younger and older age groups.

With increased savings, Mr Nelson believes Australians will go back to spending, but not until their asset bases have recovered to pre GFC levels.  With regard to house prices, ‘Negative price commentary from the media does not help the situation’ says Charlie, ‘we need to be more realistic’ he says.  ‘House prices will stay steady and then gradually rise unless there is an increase in interest rates.  Australia does not have the structural faults of the US market and we are still 180,000 houses short in Australia’.

So, while the media gets on with selling newspapers and its never-ending ratings war, the real estate profession needs to get the message out that there is no housing bubble, no looming crisis, and that when the elephant in the room, uncertainty, moves on, more normal conditions will return.

Will government force a market downturn?

News of potential government induced structural change in the real estate market is worrying property investors and risks tipping the market into a downturn. Property auction results last weekend were among the weakest of the year, with auction numbers and clearance rates down substantially on the same time in 2010.

At the moment, despite RP Data figures indicating a March quarter 1.8% drop in house and unit values, the market is essentially ‘flat’ or holding, and weekly rents are up 4.6 per cent. Over the twelve months ending March 2011, Australian capital city dwelling values were broadly unchanged, despite regional difficulties caused by the summer floods and cyclones. That’s a great result, considering the growth rates of 2009/10.

However, with an October Tax Summit looming, Federal Treasurer Wayne Swan is mooting changes to/abolition of negative gearing arrangements, the introduction of a 4% levy on the sale of investment property (for owners of more than one investment), and, the abolition of stamp duty – its replacement to be a land tax levied on everything including the family home. Not proposals that will make many Australians happy to trade or invest in real estate here.

With a dramatic shortage of housing and an already tight rental market, disincentives for property investment could see a rush by investors for the exits.

Are such suggestions just ‘trial balloons’ or is the government serious about increasing the tax imposts faced by the property industry and investors further? The resulting uncertainty is likely to slow the anticipated return of property investors, stifling the supply of rental property and forcing up rents – totally at odds with the government’s affordable housing commitments.

The New South Wales Labor Government introduced a ‘Vendor Exit Tax’ that applied to investment properties in 2004. The results were catastrophic for home building and investment. It was dumped twelve months later.

First National Real Estate has criticised industry representatives who have said in recent media reports that the property industry would support moves to replace stamp duties with a broadening of land tax or any other tax.

‘As far as we are concerned, when the GST was introduced, it was meant to phase out a number of various state and territory government taxes, duties and levies such as banking taxes and stamp duty’ said Chief Executive, Ray Ellis.

Suggestions that Stamp Duty should be replaced with Death Duties or a broad based, higher land tax – that would include the family home – would have the potential to drive investment into the ground and slow a, currently, safely moderating residential market.

Negative gearing ensures a significant supply of rental housing, which also holds down rents. Any dislocation in investment housing will further affect those who can least afford it, people who pay rent.

Fortunately, the property industry is waking up to such concerns. Last weekend’s The Australian carried a report claiming the property sector has called for measures to improve housing affordability and for the federal government to retain negative gearing arrangements. First National Real Estate has been active on this front all year.

The Real Estate Institute of Australia has commented, similarly urging the government on negative gearing and calling for the family home’s exemption from capital gains tax and land tax to be continued.

With many Australians falling victim to US property investment ‘flipping’ scams, are any further incentives to off-shore investment necessary?

As the Australian dollar set the new record of US$1.10 yesterday, there’s potentially a triple gain to be had – great exchange rate, distressed prices and stronger yields than those available here.

Websites claiming cash flow-positive returns of up to 28% have sprung up, get-rich-quick property spruikers are pressuring buyers, and, ASIC has warned investors to be wary of invitations to ‘exclusive’ and ‘premier wealth’ events. It seems the Two Tier Marketing scams that came to prominence in Queensland in the last boom is now a feature of US property investment.

Flipping involves property promoters buying houses, usually from banks, at fire-sale prices as low as $30,000, then selling the assets to Australians for an inflated price of about $50,000.

Some investors have discovered that their houses are in the middle of slums, have been broken into and had fittings ripped out, and are consequently impossible to rent.

Although rents here are rapidly rising, quickly increasing Australian yields and making investment more attractive, Australians are unlikely to support the idea of a new tax on the family home and the loss of negative gearing. With ongoing debate about a housing bubble and the risk of a double dip recession, the possible outcome of such changes would be a flight from property, the consequences of which have far broader implications than just a loss of value with the family home.

Is The Government Against Investors & Tenants?

First National Real Estate (FNRE) has criticised industry representatives who have said in recent media reports that the property industry would support moves to replace stamp duties with a broadening land tax or any other tax.

‘As far as we are concerned, when the GST was introduced, it was meant to phase out a number of various state and territory government taxes, duties and levies such as banking taxes and stamp duty’ said Chief Executive, Ray Ellis.

Suggestions that Stamp Duty should be replaced with Death Duties or a broad based, higher land tax – that would include the family home – would have the potential to drive investment into the ground and slow a safely moderating market.

Additionally, the Treasurer Wayne Swan has floated the idea of a new 4% sales tax on the sale of investment housing, similar to the initiative that brought building to a halt for the NSW Government in 2004.
Negative gearing also appears to be up for reconsideration at the forthcoming Tax Summit.

With a dramatic shortage of housing and an already tight rental market, disincentives for property investment could see a rush by investors for the exits.

Negative gearing ensures a significant supply of rental housing, which also holds down rents. Any dislocation in investment housing would affect those who can least afford it, people who pay rent.

A Home Office Is A Valuable Asset

Long commutes, improving technologies, and more workplace flexibility – these are just some of the many reasons why as many as one million Australians are now regularly working from home, according to First National Real Estate.

And a stylish and functional office is an increasingly valuable asset to the family home or singles’ apartment.

“With more people working and studying from home, the office is more and more a central part of the house,” National Communications Manager Stewart Bunn said.

“Not only can it add increased value to a home, it is becoming a required feature, especially in central parts of the city and in coastal or inland lifestyle properties where people only commute to the city for a meeting.”

“Today, many buyers want houses equipped with home offices that deliver a proper working environment. They are becoming as important as a spacious living room, or well designed kitchen.”
But what features are most important in a home office and what are most likely to add long-term value to a home?

“Getting the electrical fittings, layout, lighting and furnishings right are important to both the comfort and performance of the person working from home as well as boosting the value of the property,” Mr Bunn said. “The serious home office is designed by professionals, in the same way a kitchen or bathroom is.”

First National Real Estate’s tips for establishing a suitable home office include:

  • Consider crucial basics. Before renovating a kitchen or family room home- owners consider issues such as usage patterns, the amount of natural light, proximity to noise, and appropriate entry and exit areas, and a home office should be no different. “Think about how many people will use the room, if additional insulation may be needed to ensure someone can work in peace and privacy, if the room should have separate access, and how natural light will interact with computer screens,” Mr Bunn said. “The well thought out home office is a lot more than a desk and computer.”
  • Call in professionals. At the very least, work with an electrician to determine what fittings and outlets are needed, and ensure they are professionally installed.
  • Consider Occupational Health and Safety regulations. ”It can be tempting to by-pass the various regulations businesses are required to meet,” Mr Bunn said. “But safety is a critical feature of a proper home office.” First National Real Estate recommends investing in ergonomically designed furniture, correctly positioned technical components and the accurate positioning of shelving and storage.
  • Make it comfortable. A good home office will be efficient but not utilitarian, Mr Bunn said. “If the room is also to be used by children to access the computer, plan appropriate seating,” he said. “If it will also act as an adult retreat, consider wiring for anther television and even basic kitchen facilities such as a coffee making and mini-bar area so that the room’s potential is fully utilised.”

Mr Bunn said any investment in a professional home office would be likely to be recovered.

“We think it will increasingly become a key selling point, which is why we recommend careful consideration of design issues,” he said.

Property Drives Economy, But Who Drives Property?

Media Release – 9 March 2011

First National Real Estate CEO Ray Ellis, believes property representatives should have a greater say in the future of the property market, and ultimately Australia.

“Property is a key driver of Australia’s economy, being the 12th largest in the world today. It seems crazy to me that, given its significance, representatives from the industry are being left out of determining what is best for the industry, and by association, this country,” Mr Ellis said.

“Real estate and property business owners are in it for the long haul, whereas governments and bureaucrats are only it for as long as they are voted in.

“We are not swayed by whether or not it will be popular with voters, but what is best for the industry long term, to make it sustainable and continue to prop up Australia’s economy so we can weather some of the storms we have seen over recent times.”

According to the latest statistics available through the Australian Bureau of Statistics and IBIS World, real property, including land and buildings, account for 63.9 per cent of Australia’s $10 trillion asset base.

“Industrial and commercial property alone is responsible for 16.2 per cent of this country’s national resources, dwellings for 17.3 per cent, housing and other land for 30.4 per cent,” Mr Ellis said.

“Surely this is a big enough piece of the pie to give property market representatives a bigger voice in saying how to carve it up and maximise its value.”

According to Mr Ellis, it is the people inside the industry who have the greatest interest in its long term, sustainable growth and value, citing the debacle of the planning process as evidence of how governments can get it so wrong.

“The length of time it takes to go through the planning process actually devalues a property and acts as a disincentive for developers,” Mr Ellis said.

“In the end, planning strips value out of a property because of how long it takes and is holding this country back – and that doesn’t even take into account the complexities associated with the actual planning rules and regulations.”

Mr Ellis said even when you consider how much real property dominates Australian households’ assets and debts, it is still evident that property is a key determinant in Australia’s economic future.

Real property accounts for 62.5 per cent of total Australian household debt and is expected to do so for some time to come,” Mr Ellis said.

“So it makes sense that property experts, and not government bureaucrats, set the direction for property into the future – who knows, perhaps we should even run the country – I mean, Victoria already has a real estate person as Premier.”

First National Says Stamp Duty Too Taxing

Media Release – 23 February 2011

First National Real Estate CEO, Ray Ellis, has joined the voices calling for a reform of state taxes, particularly inefficient ones like stamp duty, saying it is proving too taxing for working families to pay.

“Stamp duty has become nothing more than governments gouging money from those who can least afford to pay – working Australian families,” Mr Ellis said.

“Australia has already proven to one of the most expensive property markets in the world and excessive property taxes, like stamp duty, is making it incredibly difficult for new entrants to gain access to the market or for existing home owners to upgrade.”

According to two independent studies, the Demographia International Housing Affordability Survey 2011 and the Housing Industry Association’s most recent survey, residential property in Australia has become increasingly unaffordable.

According to Mr Ellis, the situation with the Australian property market is becoming untenable and needs to be addressed at a national level.

“We have a chronic shortage of supply, worsening home affordability and an increasingly tight rental market, which could all be partially addressed with a more realistic approach to property taxes, such as stamp duty,” Mr Ellis said.

“In some cases, the one home and land package, could be levied three times with stamp duty. I can’t think of another situation where the one item can be taxed three times.”

“The people who come off the worst in this situation are hard-working Australian families.”

Mr Ellis said that at a time when rents are soaring, vacancy rates are tight and there is a shortage of supply, there is a real potential that more Australian families will be forced onto the streets – increasing homeless rates and welfare payments and further adding economic stress to the Australian economy.

“Serious consideration needs to be given to addressing the problems with the Australian property market if there is going to be hope for future Australians to realise home ownership dreams,” Mr Ellis said.

“Plus, as the Henry Review points out, transaction taxes such as stamp duties reduce economic efficiency, either by discouraging turnover or being embedded in the cost of production, which just increases the problem.

“Inefficient property taxes including stamp duty are now the biggest single non-income tax generator of cash for Australian governments and the Commonwealth needs to act to reduce the states dependence on these taxes.

“An ideal opportunity presents itself at the federal tax summit which we expect to be held in the middle of this year – let’s just hope the governments don’t find the whole matter too taxing.”

- copy ends -

Issued by: First National Real Estate
For further information or to receive a copy of the 2011 Property Outlook, contact
Ray Ellis, CEO, First National Real Estate, on (03) 9418 9129.

Delay reaction after a disaster

Chief Executive - Ray Ellis

MEDIA RELEASE: 10 February 2011

First National CEO, Ray Ellis says victims of Australia’s recent spate of natural disasters should delay making major decisions until they have had time to recover both emotionally and physically.

“A natural disaster does a lot more damage than the debris and destruction that can be seen,” Mr Ellis said.

“They can leave a person suffering unimaginable losses, stressed and struggling to come to terms with their loss.

“They need to give themselves the time to consider all the options that are available to them before deciding whether they wish to rebuild or move elsewhere.”

According to Mr Ellis the best advice he can offer is to talk to their local real estate agent who may have some helpful tips on a variety of forms of assistance, the renegotiation of loan arrangements or other options they may not have thought of.  These tips may include things such as:

  • Look at whether there is a council buy back scheme for properties in ‘disaster’ zones, and if so, whether you are, or may be eligible now or some time in the near future
  • Banks and other mortgage providers may be prepared to provide interest holidays or other financial relief
  • Tenants and landlords should review their rights by visiting the respective residential tenancy authorities in each state – there may be options for rent relief or early termination of lease agreements
  • Seek the assistance of non-profit organizations that providing housing and construction skills, such as Architecture for Humanity
  • Recent home buyers who entered an “unconditional” sale contract may also have options depending on the definition of ‘habitable’ or ‘not habitable’ in the contract
  • It may be worth considering waiting a while before deciding to finally leave the area.  While there is often an initial reduction in home prices following a natural disaster event, prices have been found to mostly recover within 12 months, and so the financial impact could be substantially reduced.
  • Review and update insurance cover to ensure the property is protected from similar disastrous events in the future
  • Look for discounted services and goods, which can generate significant savings for today and the future i.e. www.flooddiscounts.com.au

“Picking up the pieces of one’s life after a natural disaster is no easy feat, but you can make  sure it counts for something,” Mr Ellis said.

“That means taking the time out to rebuild your life so that it is better and stronger than before and you and your family are  able to meet future challenges head on.”

Picking Up The Pieces

 

Cleaning Up After The Floods

As the industry comes to terms with astronomical challenges presented by Australia’s floods disaster, minds will inevitably turn to how the industry, authorities and the public could have been better prepared.

In the immediate aftermath, even experienced property managers reported uncertainty about the circumstances in which tenancy agreements could be ended and what constituted a ‘non-liveable’ property. Authorities like Queensland’s Residential Tenancies Authority could not be reached for several days and no information was posted on their website to assist the profession or its customers.

Individual agencies found it difficult to respond to the needs of their customers, given that their own premises were flooded, staffs were unable to reach their place of work, or essential utilities such as power and telephony had been cut.

The general industry response was mixed.

Several networks responded with fundraising appeals and initiatives for the coordination of property management volunteers and tradepeople. Others appeared to do nothing. Some even complained, through social media, their business turnover would be reduced – while people were dealing with unimaginable losses.

One major real estate network was revealed to have no contingency plan for its national website, which remained unchanged for over a week as the disaster unfolded.

Intense focus immediately falls upon the insurance industry amid claims that insured losses will likely overtake recent catastrophes like the 2009 Victorian bushfires, the 2007 Newcastle storms and last year’s hail deluge in Melbourne. Together, those events cost more than $1 billion.

Four years ago, 12 per cent of policies in Australia covered flood damage. The Insurance Council says that figure is now closer to 50 per cent. A 2010 Choice survey revealed that of 43 Home and Contents policies it reviewed, only 19 had flood coverage, 19 didn’t, and 5 offered it as an optional extra.

Despite Prime Ministerial pleas for insurance companies to reflect the spirit shown by Australians who assisted total strangers with their recovery, they are not going to pay out on policies that never existed – if they follow previous form.

Despite state and federal government attempts to embarrass insurers into paying flood insurance, reinsurer Munich estimates that, even if the industry were to entertain ex-gratia payments, costs would run to billions of dollars, potentially rendering the industry insolvent.

So, what of the impact on the marketplace itself?

Sales agents will immediately find themselves struggling to accurately estimate property values, will be dealing with rescinded contracts, and banks will renege on finance approvals. In 1974, after the last major flood, banking support evaporated and buyers found it difficult to settle purchases.

Changed financier attitudes to flood ravages areas will lead to withdrawal of funding and increased lending thresholds, magnifying any reductions of property values and further reducing the pool of potential buyers.

Property Managers are already finding the floods have triggered impossible levels of demand for tradespeople and civil contractors as people look to rebuild their homes and businesses, and the state attempts to rebuild infrastructure. They’ll deal with the best and worst of human nature amongst tenants and landlords, and, preside over rent and compensatory negotiations for months to come.

The Australian reported that one veteran Brisbane agent recalls homes struck by the 1974 floods were discounted in price by 50 per cent initially. Discounts fell to 30 per cent of pre-flood prices within about a year, and, within five years, prices recovered to within 10 to 15 per cent of pre-flood levels. An alternate view suggested prices to a full six years to recover after the 1974 floods.

But confidence recovered then, in part, due to the belief that construction of the Wivenhoe Dam would mitigate future flooding.

If past precedent can be relied upon, the following is possible:

  • Property values could be halved in the worst affected areas of Brisbane
  • Rents may soar as people scramble for scarce accommodation
  • Apartment buildings with damaged safety systems, ventilation systems and lifts could be rendered ‘unliveable’ or ‘unfit for safe habitation’ for six weeks or more.
  • Landlords will be forced to pay off mortgages on investment properties without being able to collect rent
  • Mortgage defaults will rise as increased living and recovery expenses take effect
  • Banks will experience lower recovery rates as they repossess and sell damaged properties
  • Buyers will find it difficult to settle transactions entered before the flood

While all major banks have activated disaster relief packages that include a freeze on mortgage repayments for up to three months, many people will face ‘affordability shocks’ due to increased expenses as they begin rebuilding their lives. The self-employed are particularly exposed.

However, two positive influences remain inestimable.

One is the renewal of community spirit brought about by recovery from hardship and new community bonds forged in the process. The other is the economic boom brought about by post disaster rebuilding and job creation. Both will play a major role in Queensland’s recovery.

Love Thy Neighbour

You love your house – but the neighbours are driving you mad.

Loud parties, cars parked in front of your driveway and on your nature strip, a cat that visits much too often, and lawns being mowed at the crack of dawn.

“It’s when the days get longer and the holiday season approaches that things can seem to get unpleasant between neighbours,” says First National Real Estate national communications manager Stewart Bunn.

“It’s when some people decide to put their house on the market because they don’t want another noisy summer or year.”

But selling up to get away from noisy neighbours is an extreme response – and unnecessary.

“When you buy a house, you’re buying into a neighbourhood,” Mr Bunn says.

“Home-owners have a range of rights when it comes to their relationships with neighbours and to the peace and quiet they’re entitled to enjoy in their home, but few people are aware of these. Rather than let a relationship degenerate to a point where it’s affecting your enjoyment of your home, take steps to deal with it.”

The first step is to always try and resolve any dispute amicably, through discussion, and it is important to keep a record of these and of any agreement that has been reached – for example, that your neighbour will ensure music is turned down at 11 pm.

“Often a neighbour genuinely has no idea how sound is carrying into your house or how often their cat is making unwelcome visits,” Mr Bunn says.

“A discussion can often result in simple solutions acceptable to both parties, and certainly your local council and police want to see that a real effort has been made to solve the problem. But people being what they are, this is not always possible so you may have to take the next step.”

In NSW this would be using a Community Justice Centre to mediate the dispute. The centres provide free mediation and conflict management for warring neighbours and have a proven success rate in the majority of cases.

But if agreement can’t be reached, litigation may be the only answer. The Local Court is most commonly used to deal with neighbourhood disputes, although at this point it can be worthwhile seeking legal advice as to what the options – and possible outcomes and costs – might be.

“It’s in everyone’s interests to ensure the ambience and liveability of a neighbourhood is maintained,” Mr Bunn says.

“That’s why every area has are regulations and processes in place to protect the rights of you and your neighbours.”

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