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
    • 17 Nov 2017
      FWJK has announced the launch of its latest residential brand, the Lil’ Apple, which will be launched simultaneously in two developments in Cape Town and Umhlanga totaling 600 apartments. The Lil’ Apple is set to be a brand of FWJK’s New York style apartments which will be rolled out nationally.
    • 17 Nov 2017
      It’s been a tumultuous year on many fronts, with socio-political uncertainty setting the tone for much of South Africa’s economic activity yet despite this and seemingly counter-intuitively, the residential property market has held up well.
    • 17 Nov 2017
      The EAAB (the Estate Agency Affairs Board) recently claimed that around 50,000 illegal estate agents could currently be operating illegally.
    • 16 Nov 2017
      Penthouses are synonymous with New York – characterised by high-rise living that is decidedly luxurious and spacious. While exclusivity comes at a price, you can still create a “penthouse” look and feel in your existing apartment or even the upstairs bedroom of a double storey house with some clever design changes and styling touches.
    • 16 Nov 2017
      The area has long been popular with kite surfers and, with escalating property prices in Cape Town itself, is increasingly in demand with home owners who work in town, but are looking to invest in more affordable properties.
    • 16 Nov 2017
      Cape Town’s popularity as a world-class tourist destination has resulted in a spike in the number of homes available for holiday lets and fuelled investor demand for sectional title units with short term rental potential.
    • 15 Nov 2017
      Sappi, one of South Africa’s oldest global companies and a leading global supplier of sustainable woodfibre products, has moved its global and regional headquarters to a new site on the corner of Oxford and 14th Avenue in Rosebank.
    • 15 Nov 2017
      There’s an old saying in real estate that you should seek to make a profit when you buy, not only when you sell – and a large part of succeeding at that endeavour is buying a home in an area with desirable features that will enhance the resale value of your property.
    Subscribe to the MyProperty Newsletter

    Last Name  
    Email Address  
    Email Frequency
    Share this Page

    For Sale Property
    Rental Property
    More Options
    Connect with us