QUESTIONS ABOUT NOISE COMPLAINTS: WHAT YOU NEED TO KNOW

Information from councillors Tjaart van der Walt and Hennie Van Niekerk:

Ease visit and fill in the form to collect data of residents and students affected by noise or nuisance: https://forms.gle/LZ2yAa6QUs6fuGHA8

Noisy, inconsiderate neighbours can become a source of frustration to their neighbours.

If you are however not willing to take the formal steps as set out when you have a problem with excessive noise, you cannot be helped. Everything must be documented so that you have proof if you ever have to be a witness in court. If the case ever lands in court, you and no one else will have to convince the court.

The starting point for all neighbour disputes should always be to ensure, as far as possible, good neighbourly relations. This includes neighbouring owners as well as tenants. This way you can discuss and resolve any problems personally.

Afrikaanse weergawe oor geraasbeheer

As soon as law enforcement, SAPS, Noise Control or the courts become involved, the smallest disputes can become impossible to resolve personally. This can also sometimes lead to endless to and fro petty arguments about very small issues.

Nevertheless, below is a information piece received from noise control officials for those who can’t resolve a reasonable complaint, and want to approach noise control for help

BEFORE DECIDING HOW TO RESOLVE NOISE CONTROL ISSUES, MAKE SURE OF YOUR OPTIONS. Below are the major options in my view. All of these options involve you taking primary responsibility. No official or councillor can resolve civil disputes on behalf of a resident or group of residents, they can just advise, assist and refer:

STEP 1

Step 1: Always establish and maintain good neighbourly relationships as far as possible. This includes both the owner and/or managing agent, as well as the tenants. If you build a good relationship from the start, not only can you resolve noise issues amicably when they occur, but also other issues like sidewalk and garden maintenance as well as working together for the safety of your houses.

Unfortunately in Bloemfontein there is a problem with lack of rules and regulation at some student accommodation. This sometimes causes unneccesary conflict between students and with neighbours. Recently the amount of students asking for better control and less noise at student accommodation has increased. Noisy environments make it hard for students to study. Make sure you have the contact details of the owner and tenants and don’t need to speak for the first time when there is a problem.

Lastly, before you decide to take more drastic action, make sure that you are not being over sensitive or if you can’t make a small change in your own home to adequately block the noise from bothering you. I.e. Closing a window or door facing towards the noise.

There have been instances of passive aggressive behaviour and further targeting of residents who complain, so be prepared for this.

STEP 2

Step 2: (Immediate, short term solution). In terms of legislations both SAPS and Mangaung Law Enforcement can be contacted 24 hours regarding reasonable excessive noise complaints. Remember that crimes are prioritised, and resources very limited, thus certain crimes will be prioritised and attended first. However, noise complaints must also be attended. If the station cannot be reached, the flying squad can be called to contact the local station.

Parkweg SAPS Community Centre: 05150760000, 0515076000 . Flying Squad: 10111 cellphone Emergency: 112. Law Enforcement 24 hour call centre: 0514066452.

For complaints about Parkweg SAPS service delivery email PARKWEG-SAPS@saps.org.za and about Law Enforcement public.safety@mangaung.co.za during office hours. If this doesn’t resolve the problem, contact your councillor for advice

STEP 3

Step 3: Municipal Environmental Health, Noise Control (Long term, requires your careful monitoring and recording of incidents for months) If the above two options don’t resolve the problem. You will have to contact the law enforcement offices. They will then have to visit or call you to get the required information to open a complaint. They will need as much information as possible of past incidents, dates, times and details and attempts to amicably resolve the dispute. Provide owner and tenant details if possible

If the complaint is reasonable, a notice will be issued to the owner or tenants. Many times this is enough to resolve the situation. However, if the situation continues you will have to keep noise control updates by way of a official disturbance record sheet to record incidents of disturbance. If you stop recording incidents and reporting them monthly to noise control, they will presume the problem is resolved. Mediation might also be attempted. Once the complaint is sufficient to convince a prosecutor to take the case to court, the case can be taken to court, where you will be the only person who has to convince the court of your case. Therefore taking a weak case to court will only waste time and money.

Municipal Noise Control contact details: Mr Riaan Nel, 0514005322, riaan.nel@mangaung.co.za

Medical Officer Of Health Building, De Villiers Street, Bloemfontein

STEP 4

Step 4: In cases where there is an illegal land use (land use different to the land uses allowed by the zoning), there have been cases that set a precedent that favours the complainant. For example, there have been cases of court orders to close down illegal businesses in the past years in Mangaung. In many of these cases, cost orders were granted, meaning the illegal land user had to pay the legal cost of the complainant. For further information on the feasibility of this option in your case, you will have to visit your lawyer.

What is the role of your ward councillor in the situation?

1. We continually push for the enforcement of land use, building and noise regulations to be fairly implemented and strengthened.

2. If, after taking the required steps listed above have not been assisted by Mangaung, you are welcome to contact us to escalate the complaint to supervisors and managers.