Every home owner or tenant has had to deal with a noisy neighbour at some point in their existence, whether this be a neighbour whom is constantly drilling or a neighbour whom plays loud music, or has children that are constantly screaming, or a dog that won’t stop barking. Noisy neighbours may be a nuisance but there are certain legal rights that you have as a neighbour.
South African law entitles an owner of immovable property to the use and enjoyment of their property, but this right is not absolute and is subject to limitations in terms of section 36 of the Constitution. An owner may therefore enjoy their property, but which enjoyment is subject to legislation, by-laws or the common law.
Noise Control Regulations distinguish between two types of noise. The first, is a disturbing noise which is noise that exceeds the sound level designated in a particular zone, or noise which is above the ambient sound level of 7 decibels if there is no sound level designated in a particular zone. The second, is noise nuisance which is any sound which disturbs or impairs the convenience or peace of any person. Moreover, the Noise Regulations prohibit the use of power tools or power equipment for construction in a residential area before 06:00 a.m. and after 18:00 p.m. Monday to Saturday, and power tools may not be used at all on a Sunday, Good Friday, Ascension Day, Day of the Covenant and Christmas Day.
If your neighbour’s noise amounts to either a disturbing noise or noise nuisance then there are options available to you to stop the noise.
The first option is to negotiate with your neighbour and ask them to keep the noise levels down or to keep the noise limited to certain times of the day or certain days of the week. In the event that the first option is unsuccessful, the second option would be to direct a formal complaint to your local authority. The local authority is empowered to instruct the noisy neighbour, by written notice to this effect, to stop the high noise levels or take steps to lower the noise levels.
The third option, in the event that your noisy neighbour ignores the written instruction of the local authority and continues to cause a disturbing noise or a noise nuisance, would be to apply to court for the granting of an interdict in your favour. The application for an interdict, if successfully granted, will result in the issuing of a court order which compels the noisy neighbour to stop causing the disturbing noise or noise nuisance. There are three requirements to be met for the court to grant an interdict of this nature. Firstly, there must be a clear right which has been impinged. Secondly, there was an injury committed or about to be committed. Thirdly, there is no other remedy available.
In the event where the noisy neighbour ignores, or intentionally refuses to comply with the terms of the interdict, such a neighbour may be found guilty of contempt of court which is a criminal offence. The punishment for contempt of court is a fine of up to R2 000.00 or imprisonment for not longer than a period of 6 months.
If you live in a sectional title unit, the Sectional Title Schemes Management Act and the Regulations pertaining thereto, prescribe conduct rules which apply to a sectional title scheme or which may be amended. The Regulations prescribe that the owner or occupier and their guests must not behave in a way which interferes with the peaceful enjoyment of other sectional owners or occupiers. Furthermore, a sectional title scheme may vary the Conduct rules prescribed by the Regulations, for instance by prohibiting loud noise at certain hours of the day or certain days of the week. The Body Corporate of the Sectional Title Scheme is empowered to issue a warning to a transgressing owner or occupier. If this warning is ignored, the Body Corporate or an owner of the unit may refer a complaint in relation to the noise maker to the Chief Ombud of the Community Schemes Ombud Service.
Noisy neighbours may be extremely frustrating, but there are mechanisms and solutions to mitigate the noise or even stop your neighbours from being noisy.
