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inciteadvisor
inciteadvisor, Commercial Lawyer
Category: South Africa Law
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Experience:  B.Com LLB Registered Corporate lawywer
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What is the bylaw for noise allowance in brooklyn pretoria

Resolved Question:

What is the bylaw for 'noise' allowance in brooklyn pretoria area? Untill 10am or what?
Submitted: 2 years ago.
Category: South Africa Law
Expert:  inciteadvisor replied 2 years ago.

Welcome, thank you for the opportunity to address your question.

 

In order to provide you with a more focused answer I need a bit more information:

  • Is the property zoned residential?
  • What type and intensity of noise; does the noise come from construction activity?

Best regards,

Customer: replied 2 years ago.
The property is res 1. rezoning is in prosess to accomodate a hostel accomodation. i need to inform tenants what will be the excepted time of ending 'noise' loud music ect. I did contact the local police who could not attach a time to this senario. What would a legal aspect be?
Expert:  inciteadvisor replied 2 years ago.

The Gauteng Provincial Noise Regulations 1999 apply to your property. The way the regulations work is that you are not allowed to create a disturbing noise, which in the case of Residential 1 zoning is a noise more than 40 dB(A) above the ambient noise level.

 

What this means is that there is a residual level of ambient or background noise which varies during the time of day and according to the position of the property. Usually there is a lot more background noise during daylight and therefore televisions, radios etc may be played at significantly higher volume than in the night when the ambient noise level subsides. In order to successfully prosecute under the regulations there would need to be a noise control officer in the local authority, who would issue a compliance order to the owner of the property should a noise nuisance emanate from a property, should more than one compliance order be issued then the owner may be fined usually R500 in a residential area but can be increased up to R20 000 and/or short term imprisonment in gross cases.

 

The noise has to be measured by a specialised instrument in terms of specified standards.

 

The regulations regarding times are for construction activities in noise controlled areas.

 

It is little wonder why very few officials are informed or keen on enforcing noise regulations. One can always apply to court to have any fine set aside should a person be aggrieved thereby and this would put the local authority to a significant standard of proof.

 

I trust that the general overview of the noise regulations provides insight into your current position.

 

Best regards,

inciteadvisor, Commercial Lawyer
Category: South Africa Law
Satisfied Customers: 1610
Experience: B.Com LLB Registered Corporate lawywer
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