It is likely to have an issue with a noisy neighbour at some point in your life. It can be a one-time incident or a regular ordeal. With most houses and apartments in such close proximity, it is likely to find yourself with a neighbour that is disturbing your peace.
In South Africa, the law states two kinds of auditory disturbances. Firstly is “disturbing noise”, which is a noise that is measured in decibels. The disturbance will be determined by how loud a sound is and when it occurs. For example, if your neighbour is operating loud machinery throughout the night.
Secondly is “noise nuisance”, which is described and measured as any noise that impairs or disturbs the peace of people. This kind of disturbance is usually frequent and occurs over a long period of time. Examples are, a person screaming or talking loudly, a dog that constantly bark and music or television that is very loud.
Here is legal advice in dealing with noisy neighbours.
Talk to the neighbours.
If you unfortunately have noisy neighbours, the first step is to try and resolve the matter as cordially as possible by talking with your neighbours. The direct and respectful way is your first option to keep the peace. How you approach your neighbour is very important to avoid any misunderstanding or conflict. In most cases, the neighbour may not even know that they are causing any noise issues. If the neighbour refuses to talk to you, then a written note can help to prove that you are trying to resolve the issue.
Talking not working? What now?
You are within your legal rights to lay a complaint with the authorities if the direct, face-to-face approach was unsuccessful. A law enforcement official will assess and investigate the issue to verify the level of the noise or nuisance and if it is illegal. If confirmed, the authorities will inform your neighbour to reduce the noise. If ignored, the official can issue a fine or confiscate the equipment responsible for the noise.
If all attempts to resolve the issue fails, you can request a lawyer to write to your neighbours and ask them to stop the noise. If that does not work, your lawyer can apply for an interdict. The court considers how often it occurs and what has been done to resolve it. You will have to inform the court how the noise has negatively affected your comfort, health, life and general well-being.
Neighbour ignores court interdict? What now?
If your neighbour ignores the court interdict and refuse to change their unruly behaviour, they may be found guilty of contempt of court. This could result in a fine up to R20 000 or jail time up to two years.