How Do I Deal with Noisy Neighbours?

We Have Simple Answers For You!

The Noise Regulations and the Environment Conservation Act regulate the amount of noise you and your neighbours are both allowed to make. You may find this Act by clicking here: The Environment Conservation Act

What is Considered A Noisy Neighbour?

Your neighbour has the right to undisturbed use and enjoyment of his/her property. However, this  right can be limited if it becomes a nuisance to surrounding neighbours.

There is a distinction in our law between

a) a disturbing noise

This is an objective noise which can be scientifically measured.

An Example of a disturbing noise is a loud braai next door with loud music and shouting.

b) a noise nuisance

This is a noise that disturbs or impairs you subjectively.

An example is a dog that will not stop barking, loud machinery or a loud motorbike that is constantly waking you up at night.

What Can I do?

If you are facing a disturbing noise from a neighbour, the first step would be to kindly request your neighbours to tone it down to an acceptable level. If this does not work, a quick call to the South African Police Service(SAPS) will usually be enough.
If you are facing a noise nuisance, you can take the following steps:

  • report to your local authority- your neighbour may be asked to reduce the noise level, pay a fine or remove the source of the noise.
  • apply to the court for an interdict (a document that will instruct your neighbour to stop the noise.) The court will consider facts like the time the noise occurs and the efforts your neighbour has made to reduce the noise level.

The Court will also consider whether you are not overly sensitive and whether any  reasonable person in your position would be affected by the noise too.

  • sue your neighbour to compensate you for any loss you have suffered as a result of the noise. For example, if you lost income because the noise was too much for you to work.
  • if your neighbour continues even after the interdict, your neighbour may be forced to pay a heavy fine or be imprisoned for contempt of court (which means ignoring the orders of the court.)

A fine for violating Noise Control Regulations can be up to R20 000 or imprisonment for up to 2 years.

We hope this has been as useful as it is simple. 

Disclaimer

The information contained on http://www.mysimplifiedlaw.wordpress.com aims at providing you with guidance on the South African law. We have ensured that this information is accurate, however, the law is constantly being changed. Although we have tried to keep this information accurate, we cannot guarantee that there are no omissions  or errors. Therefore, http://www.mysimplifiedlaw.wordpress.com will not , under any circumstance accept liability for or be held liable for  consequences resulting from the use or inability to use the information by the reader or negligence by us in relation to the information used. Every person has unique circumstances and this information has not been provided to meet individual requirements.

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