Noisy neighbours? This is what the law says you can do

Noisy neighbours can quickly transform a peaceful living environment into a frustrating nightmare, negatively impacting health and well-being. In South Africa, however, the law is on your side, protecting your fundamental right to a tranquil home.

According to legal expert Cor Van Deventer, Director at VDM Incorporated, understanding these regulations can empower you to take action against unwarranted disturbances.

“Late-night music, barking dogs, and even regular domestic disputes can become unbearable,” Van Deventer explains. “Fortunately, your right to a peaceful living environment is safeguarded by the Environment Conservation Act (Act 73 of 1989) and local municipal by-laws.

These laws define different categories of noise, including 'disturbing noise', which is scientifically measurable in decibels, and 'noise nuisance', which refers to more subjective disturbances.”

Understanding types of noise

Disturbing noise encompasses loud music, power tools, and machinery. Municipal by-laws typically specify acceptable noise levels for different zones and times.

A landmark case, Laskey and Another v Showzone CC and Others, addresses this issue—residents near a theatre-restaurant in Cape Town successfully challenged the acoustical quality of the establishment, resulting in a court order for effective noise-cancelling measures.

On the other hand, noise nuisance includes incessant dog barking, loud music, shouting, and frequent parties. The South African High Court case Mark Wayne Christopher v. Jolindi Nicolene Verster illustrates the seriousness with which the law treats such nuisances.

The court ruled in favour of the applicant and granted a cease order against the nuisance, highlighting the balance the law seeks to strike between communal living and individual peace.

Taking action against noise

When faced with persistent noise issues, Van Deventer encourages residents to first try a friendly conversation with the neighbour. “While this approach can be beneficial, it often fails,” he admits. “Neighbours can be uncooperative, or the conversation may escalate into conflict.” If initial discussions do not resolve the issue, further steps can be taken.

• Formal complaint: Submitting a noise complaint to the local municipality can be effective. Ensure that your complaint outlines the nuisance, cites relevant by-laws, and creates an official record.
• Mediation: Engaging a legal professional to facilitate dialogue between parties can help reach a compromise without the stresses of direct confrontation.
• Court interdict: If all else fails, applying for a court interdict via an attorney is a significant step. This court order legally compels the neighbour to cease the noise. To succeed, you’ll need robust evidence, including logs of incidents, witness statements, and recordings, alongside a statement detailing the negative impact on your life.

“If your neighbour disregards the court order, they may face contempt of court charges, which can result in fines or imprisonment,” Van Deventer warns. “If you can demonstrate real harm—such as health issues or financial loss—you may also have grounds to sue for damages.”

In a country where communities are closely knit, known for their vibrancy and communal living, understanding your rights concerning noise can make a profound difference. While some noise is expected in urban areas, knowledge of the regulations in place gives residents the power to ensure their homes remain sanctuaries of peace.

IOL