This comes up on nearly every job, usually as an afterthought once the cameras are already being positioned. It is much better dealt with first.

The following is general information, not legal advice. If you have a specific dispute or an unusual situation, get proper advice.

Home CCTV is legal

Installing security cameras on your own residential property in New South Wales is lawful. You do not need council approval in ordinary circumstances, and you do not need your neighbour’s permission to have cameras.

Cameras used for genuine personal or household security also sit outside most of the obligations that apply to businesses under privacy legislation.

That is the simple part. The nuance is in what the cameras capture and how you use the footage. A properly planned home security camera installation should take camera angles, neighbouring properties and privacy into account before the final positions are chosen.

The reasonable expectation of privacy test

The general principle is whether a person would reasonably expect privacy in the place being recorded.

Nobody has a strong expectation of privacy walking up a public footpath or standing at your front door. People absolutely do have that expectation inside their own home, in their bathroom, in their bedroom, or in a private, enclosed part of their own backyard.

Some incidental capture of a public street or a shared driveway is normal and generally accepted. Deliberately positioning a camera to look into a neighbour’s windows or over their private yard is a different thing entirely, and it is the kind of situation that ends up in a dispute regardless of the technical legal position.

Renting changes things too. If you rent, you should check with the property owner before installing cameras.

Audio is the part people get wrong

This is the one almost nobody knows about, and it catches people out.

New South Wales surveillance law treats audio recording much more strictly than video. Recording a private conversation without the consent of the people involved is a serious matter, and that applies even to a conversation you are part of.

Most modern cameras and video doorbells and intercoms record audio by default. So a doorbell camera capturing a conversation happening on the footpath is a genuinely different legal question to the same camera capturing video of it.

The practical answer is straightforward: know whether your cameras record audio, and turn it off if you do not need it. Most homes do not.

Practical guidance that avoids problems

  • Point cameras at your own property, entry points and approaches
  • Angle down and inward rather than out across a boundary
  • Use privacy masking where the camera view unavoidably includes a neighbour’s window or yard. Most decent systems support this, and it blanks that part of the image permanently
  • Turn audio off unless you have a specific reason for it
  • Do not put cameras anywhere inside the home where a guest, tenant or worker would reasonably expect privacy
  • Keep footage secure and do not share it publicly without thinking about who is in it

Privacy masking is worth knowing about because it solves most boundary disputes before they start. If the camera physically has to see part of the neighbour’s yard to cover your own side path, masking that portion of the frame removes the issue entirely.

These considerations are best dealt with when planning the CCTV system installation, rather than after cameras have already been mounted and a neighbour raises a concern.

If a neighbour raises it with you

Usually the concern is simply not knowing what the camera can see. Showing them the actual view, and masking anything that genuinely overlooks their space, resolves most of it quickly and without anyone needing to escalate.

We set cameras up with this in mind as standard, because a system that creates a neighbour dispute is not a good outcome no matter how well it is installed.

If you are planning a new system and want more detail before deciding on camera positions, our guide to CCTV privacy and camera positioning in NSW covers the practical considerations around boundaries, privacy masking and audio recording.

Security installation is licensed work in New South Wales. AVsion holds Security Master Licence 000103421 and Security Operator Licence 000233371.

Written by Yariv, Owner and Lead Installer at AVsion. 14 years installing AV, WiFi and security systems across Sydney’s eastern suburbs. This article is general information only and is not legal advice.

Frequently asked questions

Is it legal to install security cameras on my house in NSW?

Yes. Installing security cameras on your own residential property in New South Wales is lawful, and in ordinary circumstances you do not need council approval or your neighbour’s permission. Cameras used for genuine personal or household security also fall outside most obligations that apply to businesses under privacy legislation. If you rent, check with the property owner before installing anything. This is general information, not legal advice.

Can my security camera point at my neighbour’s property?

Some incidental capture of a shared driveway or public street is normal and generally accepted. Deliberately positioning a camera to look into a neighbour’s windows or across their private yard is a different matter and is the kind of situation that leads to disputes. Where a camera unavoidably sees part of a neighbour’s space, privacy masking can permanently blank that portion of the image.

Can security cameras record audio in NSW?

Audio is treated far more strictly than video under New South Wales surveillance law, and recording a private conversation without the consent of those involved is a serious matter, including conversations you are part of. Most modern cameras and video doorbells record audio by default. Unless you have a specific reason for it, the practical answer is to check whether audio is enabled and turn it off.

What is privacy masking on a security camera?

Privacy masking blanks out a defined portion of the camera image so that area is never recorded. It is useful where a camera physically has to see part of a neighbour’s window or yard in order to cover your own side path or entry. Most quality systems support it, and applying it during setup resolves the majority of boundary concerns before they become a dispute.

What should I do if a neighbour complains about my camera?

Usually the concern is simply not knowing what the camera can see. Showing them the actual camera view, and applying privacy masking to anything that genuinely overlooks their private space, resolves most situations quickly. Angling cameras down and inward toward your own property rather than out across the boundary also helps. We set systems up this way as standard.

Can I put cameras inside my home?

You can, but avoid any area where a person would reasonably expect privacy, including bathrooms, bedrooms and areas used by guests, tenants or workers. Indoor cameras are common in entry areas and living spaces, particularly for people who travel. It is worth thinking about who else uses the home and being open with them about where cameras are.