How to deal with a noisy neighbour

South Africa’s Environment Conservation Act does protect the rights of people to enjoy their property in such a way that unacceptable noise levels do not infringe on their neighbours.

To find out more about what noise is considered unacceptable, read our article: Understanding noise laws. 

Go direct

There are many ways to address residential noise but the best place to start is with a direct, in-person discussion with your neighbour. This is not a discussion you want to conduct in the heat of the moment, so wait for a time when you are calm and can discuss the situation amicably with your neighbour.

Explain the noise that is intruding on your household and ask if there is some way to come to a compromise that will suit both homes. Be ready with suggestions that could assist the situation. If your neighbour is willing to compromise but you are unable to reach an agreement, it may be worthwhile to bring in an arbitrator to help you solve the problem.

Remember that you are going to be living next to this person for the foreseeable future so try to end the discussion on a positive and friendly note.

If your neighbour refuses to discuss the problem and the noise levels continue to be disruptive, send the complaint and request by registered mail. Keep a copy of the letter as well as confirmation of delivery for use when making a complaint to the council or taking legal action.

Council complaint

If your neighbour is determined to carry on with the high noise levels, it is time to turn to your municipality and its by-laws on noise control. Most municipalities provide access to the latest by-laws on their websites and many even offer direct telephone numbers or email addresses for noise complaints. However, if yours does not, you can call your ward councillor or go into the municipal offices for more information.

The noise control by-laws and your ward councillor will be able to help you determine if you have the basis to lay a complaint against your neighbour. To support your complaint, you should provide some sort of evidence of the disruptive noise such as a video or affidavits from other neighbours confirming the disruption.

You should also provide detail on what you have done so far to try to resolve the problem. This could be a description of the in-person discussion with date and time, copies of the registered letter and delivery confirmation, and details of the noise experienced including dates and timespans.

Complaints can also be called in to the metro police or SAPS if the noise in question is causing immediate and significant disruption, such as fireworks or a loud dance party. While noise laws do not typically work on specific periods of time, you may find that your local police station is unwilling to get involved before 10pm.

Following receipt of a complaint, councils will typically send a letter to the noisy homeowner and, where necessary, send an inspector out to evaluate the situation. If your neighbour is in contravention of the by-laws, an instruction will be given to reduce or eliminate the disruptive noise. Failure to comply with this instruction can result in a hefty fine and, in some cases, see the confiscation of the noise source.

Get legal

In some cases, the only way to see the noise levels reduced is to take legal action. Speak to a reputable attorney about the situation and the options available to you.

Many firms will start by sending a lawyer’s letter requesting your neighbour ‘cease and desist’ with the disruptive behaviour. These letters can be surprisingly effective in convincing neighbours to be more considerate and can be used in court to demonstrate that you have pursued other channels to solve the problem before putting it before the court.

Ultimately, your only option may be to apply to the court for an injunction order on your neighbour. This is a decision that should not be rushed into as going to the courts is expensive, and a decision in your favour is not guaranteed. However, if you are successful in getting an injunction against your neighbour, they will be liable for a fine of up to R20 000 or prison time if they fail to comply.