Legal noise level?

AndrewD · 2011-02-04T12:31:37+00:00

Does anyone know what the legal noise level in a suburban area is? (in Db's) Having a slight neighbor issue - 90% sure I'm in the clear though, just looking for facts to throw in his face ?

Warren

Norman86 wrote We have been told by the police, upon complaining about loud neighbours, that they will only come out if its after 22h00.

So time of day must hold relevance. then again... police CAN be VERY lazy... :?

I don't think so, the police are often as ignorant as the rest when it comes to the details of by-laws.

Tried some simple Googling but no luck.

Norman86

I still think the guy is just being difficult as Andrew has already tried accommodating him. So ja, maybe your best bet would be to approach a lawyer and get some legal advice :-\
That cant be cheap, but at least you'll know what legal rights you have and where you really stand!

Bob-Dubery

Warren wrote
Norman86 wrote We have been told by the police, upon complaining about loud neighbours, that they will only come out if its after 22h00.

So time of day must hold relevance. then again... police CAN be VERY lazy... :?
I don't think so, the police are often as ignorant as the rest when it comes to the details of by-laws.

Tried some simple Googling but no luck.

Noise control is really the bailiwick of local authorities, not the SAP. It's a specialised matter too - see the post from Tomcat that Warren referred to. The SAP probably have a rule of thumb (at station level) that although it's not really their business after a certain time of night they will intervene. Also they don't travel around with the necessary measuring equipment.

That doesn't mean that outside of those hours it's legal - it just means that the SAP won't actively intervene.

costafonix

IceCreamMan wrote
MIKA the better one wrote I think you should not think anymore of it and just keep to your times and jam.... if he complains I find conveniantly dont notice him
defuse the situation and have a chat to him..and work something out otherwise it will just escalate an no one wins

yeh,,,, give your neighbour a triangle or a bongo or something and get him to join your band ?

MIKA-the-better-one

So far there have been no points of moving forward in this.
The law may say one thing but the police do not intervene
You have a annoying man next door
you have a pre existing schedule with him.

I say post a reminder on his gate
and then go about practice times
Sunday or not
Sunday should have no differance to any other day... simple
Also if its a small noise thats bugging him, he needs to get over it...... If it was band practice outside then yes I would understand his issue, but the way you describe it .. its not

I think most of us on this forum are not trying to get neihbours angry and we are aware of the surroundings...

If he comes at you with a shotgun..... jeeeze no one does that ?

flatfourfan

^^^ agree 100%

If you already have an arrangement with him, then I'd say bugger him.

My neighbours gave me an uit-kak the other day saying that we need a drummer and vocalist as it's lacking.............70 year old biddy and her lover, gotta love Afrikaaner Hippies. And we play usually from 6-9pm over weekends and we're lucky enough to be playing plenty loud............

Norman86

Anyone read the Mens Health?
Out of the March 2011 issue, page 68:

Law for the Layman By Adam Ismail* wrote Q:
My neighbour continually plays loud music, and even though i have complained, often, to the police, he hasnt stopped. What are my legal options?

A:
Aside from being an irritation, officially, your neighbour's music is an interference with your use and enjoyment of your property. (This interference may constitute a nuisance if it is unreasonable and exceeds the limits of expected toleration.)
The "reasonable limits" will be determined by the facts of each case, for example the time and duration of the interference.
You may apply for an interdict that restrains your neighbour from pumping the jams. In this case, it is advisable to consult with a lawyer.
Finally, the municipal by-laws for your area (and body corporate if you reside in a security complex) may limit your neighbour's right to play loud music at night and should be consulted.

Take note the part in bold... ?
Still comes down to whether its a problem at night or in the day, and they'll only really do something if its at night, from what it looks like!

*Adam Ismail is a director at Edward Nathan Sonnenbergs Inc.

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