Is your Christmas light display breaking the law? We ask a lawyer
Tis the season for decorating trees, listening to carols and stringing up Christmas lights - but did you know your festive displays could carry legal risks?
Principal Lawyer at Astor Legal, Avinash Singh, is warning homeowners that large or distracting Christmas light displays could lead to fines or enforcement from their local council.
According to Mr Singh, each year, there are a large number of cases with complaints regarding light displays. The typical culprit? Neighbours.
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By continuing you agree to our Terms and Privacy Policy."Large or distracting Christmas-light displays on homes can be subject to a nuisance complaint to the Local Council," said Mr Singh. "Under the Local Government Act 1993, each Local Council has the power to regulate light nuisances.
"These are often complaints from neighbours who are flooded with light throughout the night."
Mr Singh said that a fundamental tenet of property law states that "homeowners have the right to peaceful enjoyment of their land" and excessive Christmas displays can be in breach of that tenant.
Lavish displays that attract hordes of people may also require specific approval under Section 68 of the Local Government Act 1993.
"If large crowds on suburban streets could pose a risk of injury or traffic congestion, then it is likely the display will be classed as a public event requiring approval," said Mr Singh.
If all of this brings out your rebel and makes you want to sing Mariah Carey at the top of your lungs, Mr Singh does have some suggestions for keeping yourself out of trouble.
"Avoiding shining the lights on neighbours' property and using timers to turn them off at night."
He also advised working with your local council to ensure decorations can stay up safely throughout the season.
Where to see the best light displays across Australia
Melbourne
Federation Square, CBD
Head into the heart of Melbourne to enjoy the festive display in Federation Square. The centrepiece is a 17.5 metre LED Christmas tree and light and sound shows play every hour on-the-hour.
The Boulevard, Ivanhoe
For more than 50 years, this resident-led display has been lighting up the night in the weeks leading up to Christmas. According to the Banyule council, peak season is from December 18 to December 24, during which time there will be additional facilities including food stalls and toilets. Visitors can enjoy the lights on foot or by car.
Sydney
Martin Place, CBD
Martin Place plays host to one of Sydney's biggest displays of Christmas lights, with the tallest tree in New South Wales. Its 800 branches are dressed in over 15,000 flowers, 110,000 LED lights and a 3.4 metre colour-changing star. The tree is lit up from 8pm each night with a show every 15 minutes.
Second Street, Ashbury
On Ashbury's Second Street, almost every house takes part in the Christmas tradition of house decorating. The street also has its own Facebook page where it features photos and videos of the incredible houses.
Brisbane
King George Square, CBD
Located in the Brisbane CBD is a 22-metre Christmas tree that is part of a tradition dating back to the 1950s. The tree is lit up every night during the festive season. Until December 24, there is a light and sound show that plays every 15 minutes.
Ashbury Court and Oates Crescent, Alexandra Hills
Visitors have been known to come from all across Brisbane to see the displays on Ashbury Court and Oates Crescent. On these cul-de-sacs every house gets into the festive spirit.
Perth
Rio Tinto Christmas Light Trail, Perth CBD
The Rio Tinto Christmas Light Trail includes 22 light installations across the CBD. There is also the family-friendly trail called 'The Merry Mile', which is a 1.6km route. Keep an eye on the events page as Santa will be visiting on select dates.
Mandurah Canals, Mandurah
Unlike many of the above displays, this is a festive journey you can take by boat. Over 200 homes get into the spirit and those that don't are affectionately referred to as "grinches". Book a spot on a cruise to enjoy the show, although this year it's already booked out until early January.
Originally published as Is your Christmas light display breaking the law? We ask a lawyer
