Good news for South African homeowners and tenants

South African homeowners and tenants have legal protections against excessive noise, enabling them to address disturbances.

“Late-night music, barking dogs, and even regular domestic rows are disturbances that can negatively impact your health and well-being,” said VDM Incorporated director Cor Van Deventer.

“The good news is that in South Africa, your right to a peaceful living environment is protected by the Environment Conservation Act and local municipal by-laws, depending on the types of noise in question.”

The first type is disturbing noise, which can be scientifically measured in decibels. This includes noises such as music, power tools, and machinery.

The second, noise nuisance, is more subjective. It refers to noise that disturbs the peace of a period of time, such as incessant dog barking.

According to Van Deventer, municipal by-laws often specify what acceptable noise levels are for different zones and times.

The 2007 Constitutional Court case of Laskey and Another v Showzone and Others involved noise and other complaints by residents around a theatre-restaurant in Shortmarket Street, Cape Town.

“The court ruled that the roof and roof gallery hadn’t been acoustically insulated, with the respondent prohibited from conducting business until effective noise-cancelling measures had been put in place.”

The first respondent was also directed to pay the applicants’ legal expenses, excluding the costs incurred from setting the hearing down as a matter of urgency.

On the other hand, Van Deventer explained that noise nuisance can include dogs that bark constantly, loud music, shouting, or frequent parties.

With this type of noise, courts will take into consideration the type of noise, its duration, and the time and place it occurs.

One of the more extreme court cases was heard by the South African High Court in the case of Mark Wayne Christopher v Jolindi Nicolene Verster, Pieter Johannes Verster, Puppy Town, and the City of Cape Town.

“The court found in favour of the applicant, agreeing that the business breached noise regulations,” Van Deventer said.

The court held that the incessant barking constituted a nuisance and issued a cease and desist order. In other words, the business had to close down.

“It’s important to realise that the law recognises that certain noise levels are part of communal living, especially in urban areas. But when the noise becomes unreasonable, frequent, and disruptive, you have the right to take action,” he said.

What to about noise problems

For thoise dealing with a noisy neighbour, Van Deventer advised starting bt having a friendly discussion with them. Unfortunately, this approach often fails.

“Neighbours aren’t always cooperative; they can become aggressive or simply ignore your request. That’s when it’s time for a more formal approach,” he said.

Options include sending a complaint to the local municipality, outlining the nuisance, citing the relevant by-laws and creating an official record that can be used later. “The process can, however, be slow and at times ineffective,” he said.

Another option is getting a legal professional to act as a mediator. “They can facilitate a structured discussion to help both parties reach a reasonable compromise, which can save time and the emotional stress of a direct confrontation,” Van Deventer explained.

The final recourse is applying for a court interdict via an attorney, Van Deventer said. “An interdict is a powerful court order that legally compels your neighbour to stop the noise,” he said.

“To do this, the application must contain evidence such as a detailed log of the noise incidents, witness statements, recordings, and a statement about the negative impact it’s having on your life.”

If a neighbour ignores the court interdict, they can be held in contempt of court – a criminal offence that could result in a hefty fine or jail time.

“And if you can show demonstrable harm such as health problems or financial loss, you’ll probably be able to sue for damages, too,” he said.