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Shaie Zindel
Shaie Zindel, Attorney
Category: South Africa Law
Satisfied Customers: 1215
Experience:  All areas of commercial and contract Law - specialist in property advice.
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Swimming pool pump noise regulation

Resolved Question:

Swimming pool pump noise regulation
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Shaie Zindel replied 1 year ago.

Shaie Zindel : Hi There - interestingly I was involved in a very similar case a few years ago. This case was about a noisy pool pump and fountain. It was a sectional title so the case never went to court but was felt
Shaie Zindel : Sorry - dealt with in an arbitration. The simple answer to your questions is that there is no particular regulations relating to pool pumps but rather regulations in the Local Authority by laws regulating the making of noise and causing of a nuisance in general. You can find these regs online. In order to effectively assert your rights you will need to lodge a complaint with the local authority at the by law compliance department. You should get a noise measurement done before you lodge the complaint. Assuming the noise amounts to a nuisance, the local authority will the issue a desist order to the neighbour. If the neighbour ignores the order then you will be entitled to approach a Court of Law for an interdict. Another interesting thought, is does your neighbour have the appropriate rights to be conducting a business from this property? This may also assist your complaint. The botXXXXX XXXXXne is that the case law says that where we have chosen to live in close proximity to one another we must expect and tolerate a reasonable measure of nuisance. What is reasonable must be assessed on a case by case basis. It sounds like an unreasonable nuisance in your case. I hope this helps and wish you luck. Please remember to rate my service so far. Regards
Shaie Zindel : The Noise Control Regulations, in terms of The Environment Conservation Act 73 of 1989, set out the types of offences (e.g. ‘Make, produce or cause a disturbing noise, or allow it to be made, produced or caused by any person, animal, machine, device or apparatus or any combination thereof’) and the fines that can be imposed. Information and procedure with regard to Noise Nuisance Complaints Danie Geldenhuys is the Pollution Control Officer of the Environmental Health Section of the Health Department  of the City of Johannesburg's Region A, one of the seven administrative regions in the City of Johannesburg.  Each Region has its own Pollution Control, Environmental Health Section with a mandate to enforce specific legislation, including the Gauteng Noise Control Regulations 1999, within a specific demarcated area. These are the contact details of Pollution Control Sections or other relevant options where complaints with regard to noise nuisances can be lodged for each respective region of the City of Johannesburg as well as for the Cities of Ekurhuleni and Tshwane. For information with regard to which region you reside in or where the noise nuisance occurs in the City of Johannesburg, kindly enter "Regions" on the search option of the official website of the City:  www.joburg.org.za ·         Enter “regions” advanced option ·         City of Johannesburg – The seven Regions (Maps) ·         Suburbs – a complete list of suburbs per Region Danie GeldenhuysEnvironmental Health (Pollution Control)City of Johannesburg (Region A)Telephone:(NNN) NNN-NNNNacsimile:(NNN) NNN-NNNNell:(NNN) NNN-NNNN-mailXXX@XXXXXX.XXX 
Customer:

Hi thanks for the advice, I think I will start with having a noise test done first and then proceed from there.

Shaie Zindel, Attorney
Category: South Africa Law
Satisfied Customers: 1215
Experience: All areas of commercial and contract Law - specialist in property advice.
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