How to protect your rights against noisy neighbours in South Africa
A legal expert explains that South Africans are supported by laws and municipal by-laws to address noisy neighbours.
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Noisy neighbours can be nightmares, but there are laws in South Africa that protect people’s rights to a peaceful home environment.
“Late-night music, barking dogs, and even regular domestic rows are disturbances that can negatively impact your health and well-being,” says legal expert Cor van Deventer, director at VDM Incorporated.
He explains that in South Africa, your right to a peaceful living environment is protected by the Environment Conservation Act (Act 73 of 1989) and local municipal by-laws, depending on the types of noise in question.
“First is disturbing noise, which can be scientifically measured in decibels – think music, power tools, and machinery – whereas the second – noise nuisance – is more subjective, referring to noise that disturbs the peace of a period of time, such as incessant dog barking.”
Van Deventer says municipal by-laws often specify acceptable noise levels for different zones and times, citing Laskey and Another v Showzone CC and Others, heard in South Africa’s High Court in 2007.
According to the Southern African Legal Information Institute (SAFLII), the case involved noise and other complaints from residents surrounding a theatre-restaurant on 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.”
Van Deventer explains that noise nuisance can include dogs that bark constantly, loud music, shouting, or frequent parties, with courts taking facts like the type of noise, duration, and the time and place it occurs into consideration.
One of the more extreme court cases was heard by the South African High Court – 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 and that the incessant barking amounted to a nuisance, and the court granted a cease order. This meant that 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.”
Van Deventer’s advice is to start with a friendly talk to your neighbour, although this often does not succeed. “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 explains that 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, Van Deventer warns.