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My Neighbour’s BARKING dog
Friends of the Dog
Under South African law, every property owner is entitled to the peaceful and undisturbed use of their land, provided they adhere to applicable legislation, municipal by-laws, and other relevant regulations. This right, however, must be exercised in a way that does not interfere with the similar rights of others.
A common issue that may arise is persistent dog barking from a neighbouring property, which could qualify as a noise nuisance. Such a nuisance exists when the noise materially disturbs the peace or comfort of an ordinary person—not someone unusually sensitive. If a reasonable person would find the noise excessive and disruptive to their enjoyment of their property, it could legally be considered a nuisance.
The Environmental Conservation Act, through the Noise Control Regulations, explicitly prohibits such nuisances. It states that no one may allow an animal in their control to cause excessive noise. Breaching these regulations could result in fines up to R20,000 or imprisonment for up to two years.
If you're affected by this issue, it's usually best to try and resolve it informally first. Approach your neighbour, explain the impact the barking is having, and see if a mutually acceptable solution can be reached. If this doesn’t lead to improvement, the next step may be a formal warning letter from an attorney, outlining the legal implications if the situation remains unresolved.
If your neighbour is easy to talk too, suggest they get in a behaviourist to determine the reason for the barking, and then the behaviourist can assist the neighbour in changing the behaviour.
Should these efforts fail, you have further legal options, such as:
A common issue that may arise is persistent dog barking from a neighbouring property, which could qualify as a noise nuisance. Such a nuisance exists when the noise materially disturbs the peace or comfort of an ordinary person—not someone unusually sensitive. If a reasonable person would find the noise excessive and disruptive to their enjoyment of their property, it could legally be considered a nuisance.
The Environmental Conservation Act, through the Noise Control Regulations, explicitly prohibits such nuisances. It states that no one may allow an animal in their control to cause excessive noise. Breaching these regulations could result in fines up to R20,000 or imprisonment for up to two years.
If you're affected by this issue, it's usually best to try and resolve it informally first. Approach your neighbour, explain the impact the barking is having, and see if a mutually acceptable solution can be reached. If this doesn’t lead to improvement, the next step may be a formal warning letter from an attorney, outlining the legal implications if the situation remains unresolved.
If your neighbour is easy to talk too, suggest they get in a behaviourist to determine the reason for the barking, and then the behaviourist can assist the neighbour in changing the behaviour.
Should these efforts fail, you have further legal options, such as:
- Filing a formal complaint with your local municipality. Municipal officers are empowered to investigate noise complaints and can issue warnings, instruct the owner to address the problem, or even have the animal impounded if non-compliance persists.
- Applying to court for an interdict. This legal remedy can prevent your neighbour from allowing the noise to continue. However, given the strain on the judicial system, it’s important to ensure that such an application is based on substantial and ongoing interference—not minor or isolated incidents.
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