Acceptable noise, pets and other neighbourly issues
Category Property Tips
Loud music, noisy parties, barking dogs, cars in your driveway and construction noise are just some of the disturbances that neighbours can encounter. Getting along with inconsiderate neighbours can be a challenge, especially in built up areas.
Since the onset of the Covid Pandemic, more people are home a lot more of the time and more people have pets, especially dogs. The need to "stay home" also means that a lot more entertainment and partying is happening at home. With more people working from home, there might also be more visitors or home deliveries arriving.
Everyone has the right to enjoy their property without discomfort and it is important to know that you should not interfere with your neighbour's rights in this regard, or you could face legal consequences.
South Africa has a comprehensive set of neighbour laws which deal with property and neighbourly issues along with local municipal bylaws and regulations to regulate acceptable noise levels and so on.
Being a responsible citizen means being aware of the relevant laws and bylaws so that you know what you can do and when you need to turn the noise levels down.
Some basic rules to adhere to include:
Reasonable noise such as gardening and building work is acceptable between 6am to 6pm and party noise to about 10pm on Friday and Saturday. Thereafter, party noise must be turned down.
Dogs may not bark incessantly. Speak to the neighbour, they may not even be aware of the problem, but if it persists, you can report it to local law enforcement.
Dogs on beaches and in public areas must be on a leash unless it is in a designated park or beach where they can be off the leash. You are expected to clean up after your pets.
Do not park in front of your neighbour's home, in their driveway or obstruct access to their property. Street parking must comply with local laws. Report transgressions to the traffic department.
If your trees are hanging over your neighbour's wall, you need to cut them back. If you refuse to do so, your neighbour can have it done and claim the costs from you.
The neighbour who paid for the wall owns it but must get permission for changes. If jointly owned, it must be maintained by both neighbours and the costs shared.
You can work from home and run certain small service businesses depending on the local bylaws and zoning. If it becomes a disturbance, you may need to move to commercial premises.
Sectional title complexes and housing estates have their own conduct rules which deal with noise, pets, parking and the like and must be adhered to as prescribed.
Always seek legal advice before doing anything that you might regret.
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Author: Gina Meintjes
