Coping with noisy neighbours

BY BONNY FOURIE bronwyn.fourie@inl.co.za

Investing in a pool before you sell is a double-edged sword as some people love them while others hate them.

Experts give tips to people who need to know how to deal with unacceptable sound levels and other property queries

Q: My neighbours are very noisy and often keep us awake at night. Our neighbourhood is also very noisy due to its location on a fairly busy road and the fact that everyone seems to be renovating their homes or gardens. We seem to be surrounded by noise. I have not complained, as I do not want to be “that” person, but at what point do we draw the line and actually say something to someone or report them? And if we do this, which is the best way to approach it?

A: South African law makes a distinction between “disturbing noise” and “noise nuisance”. The first is objective and is defined as a scientifically measurable noise level, such as a loud party where music is played at midnight at a volume where the lyrics are audible to neighbours.

The second is a subjective measure and is defined as any noise that disturbs or impairs the convenience or peace of anyone, like the incessant barking of a neighbour’s dog.

Both are illegal in terms of the Environment Conservation Act but, while the first is usually effectively handled with a call to the police, the latter is not always as simple.

To show that a “noise nuisance” exists, a reasonable person must find a certain noise intolerable or seriously affecting his enjoyment of his property. It may come down to a court applying a test of objective reasonableness. In residential areas, the enforcement is by the local authority and there are various penalties, provided it is shown that the noise actually exceeds acceptable levels.

Generally, the guilty party will be asked to stop making the noise and, if he fails to do so, further steps can be taken such as fines issued by the authorities or an action brought to court by the complainant.

However, this final step should be carefully considered and complainants must ensure they have all their ducks in a row as payment for the costs usually depends on the outcome with the courts ordering the unsuccessful party to settle the costs. – Eduan Milner, Eduan Milner Attorneys, Notaries and Conveyancers

Q: We are considering installing a pool at our home but are in two minds. We will obviously get use out of it, but because we live close to the beach it is not a necessity, more a desire. What will having a pool do to our property value or appeal when we do eventually sell?

A: Investing in a pool is often a doubleedged sword, because while many people do like pools, others don’t like them and may even hate them. It is often best to have a pool in areas that attract families. However smaller pools with simpler designs are now more popular, and the 50m² pools of yesterday are not ideal due to maintenance costs. Most pools are now either splash pools or simple in shape to allow for easy enclosing/covering. – Marcél du Toit, chief executive of Leadhome

Q: When my son went to university I purchased a small apartment for him. He has completed his studies now and, since we have no need for the property or a rental income, we want to sell. It would suit a student or even contract workers. How best can I market this property in order to get the best price despite the current market?

A: Ease of access to transport routes, good internet access and security are likely to be key. There is a seasonality to the demand for student accommodation so, when the property is marketed, this should be carefully considered. Factor in the time it takes to transfer ownership and for refurbishments to be done before it goes to market. There is less seasonality with regard to the commuter market as contracts terminate and begin throughout the year. – Paul Stevens, chief executive of Just Property A: The average listing time is a useful measure of whether the market generally is moving in favour of buyers or of sellers. When the national average listing time gets longer, it is an indication that a buyers’ market is developing and that sellers may need to become increasingly accommodating with regard to both price and terms in order get their properties sold.

On the other hand, when the national average listing time becomes shorter, it indicates an overall market shift in favour of sellers – and also the likelihood of property prices becoming less negotiable and possibly even starting to rise if the supply of homes for sale continues to shrink in the face of high buyer demand.

However, it is important to remember that national averages can mask very big differences between various segments of the market. There are also always variations between different suburbs.

As an owner who wants to sell a property within the current average listing time in your specific area, you will need your agent’s help to fine-tune your asking price and get it as close as possible to what buyers in that area are currently paying for similar homes. Then you need to market the property as soon as possible to the biggest possible audience of potential buyers. – Gerhard Kotzé, managing director of RealNet