Noise can be a big problem in sectional title complexes

The question of what constitutes unacceptable behaviour in a multi-tenanted sectional title complex has once again been disputed in certain property circles

Schalk van der Merwe, co-franchisee for the Rawson Property Group’s Somerset West franchise, was asked to comment on a ruling by a body corporate in his area centring around a resident who was prevented from pursuing his hobby, carpentry, except in a very small window of time on Saturday mornings. The other residents apparently objected to his activities because although he has been working in a ground floor garage, his power tools have disturbed the peace.

Van der Merwe said that the Sectional Title Act stipulates that “an owner must ensure that his usage of common property does not interfere unreasonably with the interests or enjoyment of other persons lawfully occupying the premises, therefore, though it may appear to some, the man causing the noise is breaking the law by detracting from their enjoyment of the property”. The ruling of the body corporate was, therefore, not unfair.

“In any multi-tenanted complex,” said van der Merwe, “the great advantages – increased security, the possibility of enjoying a communal life and the lower purchase cost – are balanced by certain behavioural restrictions and these, although seldom burdensome, are absolutely essential to keeping the peace among and promoting the enjoyment of the 

”Usually, said van der Merwe, the complaints about other residents involve overcrowding (often only temporary) or noisy behaviour, especially late at night. It is sad that such an innocent activity as carpentry should be curtailed, but we have to acknowledge that power tools these days can be very noisy and disruptive. We can only hope that in time this resident does find premises where he can pursue his hobby to his heart’s content.”

  Comment on this Article

  Please login to post comments

Post to my facebook wall
Characters remaining

    Latest Property News
    • 19 Jan 2018
      Extending from Randfontein in the west to Roodepoort in the east and including the towns of Krugersdorp and Magaliesburg, the West Rand has a plethora of property available to residents who choose to make this unique area their home.
    • 19 Jan 2018
      When it comes to financial planning, doing the work to ensure you’re prepared for unexpected emergencies is just as important as ticking off your other goals and New Year’s resolutions. The beginning of the year is also the perfect time to review your various insurance policies.
    • 19 Jan 2018
      No surprises at the first Monetary Policy Committee of 2018, as Reserve Bank Governor, Lesetja Kganyago, announced that the interest rates would stay at their current levels.
    • 18 Jan 2018
      The Southern Suburbs make up some of the most popular residential areas in Cape Town, comprising charming groups of suburbs which lie to the south-east of the slopes of Table Mountain. It is seen as the city's most expensive residential neighbourhoods with a choice of various private schools, upmarket eateries, wine estates, beautiful homes and trendy apartments.
    • 18 Jan 2018
      New year, new goals! If you’ve resolved to purchase your first property in 2018, then this 6-step guide from the Rawson Property Group is a must-read. It will help you navigate and simplify what is often be seen as a confusing process of buying your first home – right from the house-hunt to the house-warming.
    • 17 Jan 2018
      While the current property market may still favour buyers, it doesn’t mean that they shouldn’t be well prepared before putting in an offer to purchase.
    • 17 Jan 2018
      Lightstone lists Blair Atholl as the most expensive suburb with an average house price of R11.2 million, followed by Westcliff (R10.5 million), Dunkeld (R9.3 million), Sandhurst (R9.1 million) and Inanda (R7.2 million).
    • 17 Jan 2018
      As it currently stands, there are four main ways in which a home can be bought in South Africa, says Adrian Goslett, Regional Director and CEO of RE/MAX of Southern Africa, who adds that deciding in which legal entity to purchase the property is not a decision that should be entered into lightly, as each has its pros and cons.
    Subscribe to the MyProperty Newsletter

    Last Name  
    Email Address  
    Email Frequency
    Share this Page

    For Sale Property
    Rental Property
    More Options
    Connect with us