Tis the season for noisy neighbours, This is how to deal with them legally

This is the time of year for work functions, weddings and social events, however, with many businesses transforming into home-based organisations coupled with residential based B&B’s offering entertainment facilities and not forgetting the average late-night celebrations. Many people find themselves dealing with characters who simply do not care that they are creating a disturbance.

Living in society, we are all required to exercise some form of restraint or social etiquette—this keeps the cogs turning and a harmonious balance within communities. But what do you do if you have a household in your neighbourhood who is disturbing the silence? Firstly you need to establish which category of noise you are dealing with. Bregman Moodley Attorneys states that according to South African law, there is ‘Disturbing Noise’ – which is “objective and is defined as a scientifically measurable noise level.” Then, there is ‘Noise Nuisance’ – which is a subjective measure and is defined as “any noise that disturbs or impairs or may disturb or impair the convenience or peace of any person.”

Municipal by-laws govern disturbing noise in an urban environment. For example, this is where your neighbour plays loud music at all hours of the night. 

However, as previously stated, Noise Nuisance is a bit more subjective. 

This type of disturbance could include any of the following:

· Dogs continuously barking.

· Playing a musical instrument or operating a television loudly.

· Operating machinery or power tools.

· Shouting and talking loudly. 

· Operating a vehicle which generates noise.

· Driving a vehicle on a public road in a manner that causes a noise nuisance.

While it is advisable to speak with your neighbours about the issue, thereby trying to find a positive resolution. If they persist these are the steps going forward, according to Newcastle based, civil law attorney, Andre Groenewald.

1. Start the process: Contact the police – Groenewald elaborates, “The police will send out a van to investigate the complaint. As keepers of the peace, the police will then request the individuals lower the level of noise.”
2. However, if the noise persists, he states, this can see a civil lawsuit being the next route to pursue. Whereby you will then have to visit the court and obtain an interdict. 
3. The interdict will work as a tool, barring the offending individual from continuing with whatever noise they were making.
4. As the civil law route ensures a sense of peace, it will more than likely cause tensions between you and your neighbours. Therefore, it is beneficial to ensure you first discuss the matter with your neighbours. 

The feeling of helplessness or being intimidated seems to be a burden many people carry throughout our communities. Therefore we hope this assists you in finding a peaceful approach to an often confrontational engagement.

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Authors: Quinton Boucher and Calvin Swemmer

Edited: Calvin Swemmer