Understanding noise laws
Is your neighbour driving you mad with their loud generator, noisy dogs or all-night dance parties? Figuring out how to deal with nuisance neighbours is difficult but understanding your rights can help you find some peace.
South African laws recognise 2 different kinds of noise according to Schindlers Attorneys. The first, ‘disturbing noise’, is objective and is based on the volume of the noise which can be measured scientifically in decibels, such as particularly loud party music. A ‘noise nuisance’ such as consistent dog barking, on the other hand, is more subjective and addresses sounds that would be considered disruptive.
Acceptable noise levels are determined at local levels of government and enacted through municipal by-laws. Contrary to popular belief, acceptable noise levels are not often determined by the time of day, says Schindlers. Instead, municipal by-laws tend to focus on the maximum decibels allowed depending on the zoning of the area, allowing for significantly less noise pollution in residential areas compared to industrial zones.
There are mobile phone apps that give an indication of the decibel level that can help you establish whether noise levels are in contravention of by-laws. These measurements should be taken at the municipality’s specified distance from the noise source.
Establishing if your neighbour is committing a noise nuisance is more difficult given its subjectivity. When deciding on such complaints, South Africa’s courts consider the rights of both parties to enjoy their property and base their judgements on whether a ‘reasonable person’ would also find the situation disruptive. Speaking to others in your neighbourhood can help you establish whether the sounds are disturbing to additional households in your area.
Sectional title schemes and homeowners’ associations often add to municipal by-laws with a number of rules aimed at maintaining the peaceful environment of the complex. These can include the enforcement of quiet times during the night, considerate sound management and even the banning of noisy machinery such as generators.
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