NOISE CONTROL REGULATIONS IN SOUTH AFRICA - INCLUDING DOGS BARKING AND WHINING LONGER THAN THREE MINUTES PER HALF HOUR

 

Noise control regulations in South Africa are a combination of national legislation, like the Noise-Induced Hearing Loss Regulations, and local municipal bylaws, which typically set specific daytime and nighttime noise limits for residential areas. For example, a local bylaw might set limits at 55 dBA during the day (6:00 AM to 10:00 PM) and 45 dBA at night (10:00 PM to 6:00 AM), though these exact levels and enforcement mechanisms can vary by municipality. 

A typical dog's bark can register between 80 to 100 decibels (dB), with some reaching even higher, including the world record of 113.1 dB for the loudest bark recorded. 

To put this into perspective, normal conversation is around 60 dB, while exposure to 100 dB can cause hearing damage after just 15 minutes, and prolonged exposure to barks over 85 dB can lead to permanent hearing loss over time.  

Decibel Levels of Dog Barks

• Typical: Most dog barks range from 80 to 100 dB. 
• Loud: Some barks can exceed 100 dB, with the world record holder reaching 113.1 dB. 
• Kennels: Noise levels in kennels can be even higher, sometimes reaching 95 to 115 dB. 

Factors Affecting Bark Loudness

• Distance: 

The loudness of a bark decreases significantly with distance; a 95 dB bark at 4 feet might be only 72 dB at 50 feet away. 

• Individual Dogs: 

While some breeds like Golden Retrievers, German Shepherds, and Beagles are known for loud barks, individual dogs and their specific barks can vary greatly in volume. 

 

Health & Nuisance Implications

• Hearing Damage: 

Even short periods of exposure to barks at 100 dB can cause hearing damage. Long-term exposure to barks above 85 dB can lead to permanent hearing loss for humans and other pets. 

• Distress: 

The disruptive and intense nature of barking at such high decibel levels can cause stress and sleep loss for people and other animals. 

A dog's sharp whining can reach high decibel (dB) levels, but it's difficult to give a precise number as it depends on the dog's breed, the intensity of the sound, and distance from the source. While some sources mention average barks ranging from 80-100 dB, a whimper or whine is generally a softer, high-frequency sound, not typically as loud as a bark. However, even moderate levels can be distressing for a dog, with some suggesting that 85 dB may be too loud for them. 

Factors influencing whine decibel levels:

• Frequency: 

Whines are high-pitched, and while the decibel level depends on intensity, the high frequency itself can be irritating for dogs. 

• Distance: 

The decibel level decreases with distance. A whine from across a room will be quieter than one directly next to your ear. 

• Intensity: 

A dog in extreme distress or excitement may whine at a higher intensity, increasing the dB level. 

 

Why this matters:

• Human hearing damage: 

Prolonged exposure to sounds at or above 85 dB can cause hearing damage in humans. 

• Dog welfare: 

High-decibel noise can cause stress and discomfort in dogs, potentially impacting their sleep and overall welfare. 

 

In summary, while a precise figure isn't available for a sharp whine, it's a high-frequency sound that, at high enough levels, can be harmful to both dogs and humans. 

Key Aspects of Noise Control Regulations

• National Level: 

The Noise-Induced Hearing Loss Regulations set workplace safety standards, prohibiting employers from allowing employees to be exposed to noise levels at or above the 85 dBA noise-rating limit in a workplace. 

• Local Municipal Level: 

This is where most everyday noise complaints are addressed. 

• Bylaws: Each municipality creates its own noise bylaws and policies, which define acceptable noise levels, times for specific activities, and penalties for non-compliance. 

• Noise Levels: Typical residential limits might be around 55 dBA during the day and 45 dBA at night, but you should always check your local municipal bylaw for the exact figures. 
•  

• Enforcement: 

If you have a noise complaint, you need to refer to your local municipality's specific bylaws and contact them for information on how to lodge a complaint and what to expect. 

 

How to Find Your Specific Regulations 

1. Identify Your Municipality: Determine which local municipality you live in.

2. Check Their Website: Visit the official website of your municipality.

3. Search for "Noise Bylaws" or "Noise Policies": Look for sections on environmental health, bylaw, or public safety for documents related to noise control.

• Noise pollution - Acceptable noise levels and noise limits in South Africa

Local Municipal Bylaws and Noise Policies The bylaws or noise policy may possibly use the following noise levels for a residential.

 

National and Provincial Regulations

As “noise” is perceived differently by different people, there are legislative guidelines that can be used in South Africa to assess whether a certain sound can be defined as noise. This includes:

• The National Noise Control Regulations (Government Notice Regulation (“GNR”) 154 as published in Government Gazette 13717, dated January 1992) – valid in Limpopo, Northern Cape, Eastern Cape (proposed regulations were published under GN181/PG824/20011210) and KwaZulu Natal – where a disturbing noise is the noise level where the zone sound level is exceeded, or, if a zone sound level has not been designated, the level that exceeds the ambient sound level with more than 7 dBA;
• Free State Noise Control Regulations (Provincial Notice 24/Provincial Gazette 35 of 24 April 1998) – where a disturbing noise is the noise level that exceeds the ambient sound level with more than 5 dBA;
• Gauteng Noise Control Regulations (General Notice 5479/Provincial Gazette 75 of 20 August 1999) – where a disturbing noise is the noise level that causes the ambient noise level to rise above the designated zone level, or, if no zone level has been designated, the typical rating level for ambient noise in districts as defined in Table 2 of SANS 10103:2008; and
• Western Cape Noise Control Regulations (Provincial Notice 200 of 20 June 2013) – where a disturbing noise is the noise that (a) exceeds the rating level with 7 dBA; (b) exceeds the residual noise level (the ambient sound level) where the residual noise level is higher than the rating level; (c) exceeds the residual noise level by 3 dBA where the residual noise level is lower than the rating level; or (d) exceeds the level specified in Annex B of SANS 10103 (in the case of a low-frequency noise).

 

Each of these regulations is relevant for proposed projects to be developed within the various provincial areas, with the key points discussed in separate posts. These regulations set the legislative background, allowing a qualitative means of defining a “disturbing noise”, with the process of defining a “disturbing noise” roughly by:

• The defining of the acceptable sound levels (or a zone sound level or rating level): There are two accepted procedures to define this, namely the measurement of ambient sound levels using a sound level meter (considering the developmental character), or obtaining a zone sound level as defined by SANS 10103:2008 (or as assigned by the Provincial, Metropolitan or local Municipality).
• The measurement of the noise level using an accepted protocol (or the calculation of the potential noise level if measurements are difficult) near the source of noise, or near a receptor complaining about a potentially annoying or disturbing noise;
• Using the correct noise control regulation to assess the change in either ambient sound level, or how an intruding noise influences the zone sound level.

 

Local Municipal Bylaws and Noise Policies

When the local municipality can comply with the relevant noise control regulations, they could have their own noise control officers (or similar), their own bylaws and/or noise policies. The approach is generally to define appropriate noise level standards for various land uses. The bylaws or noise policy may possibly use the following noise levels for a residential area:

• 55 dBA for the day-time period (06h00 – 22h00); and
• 45 dBA for the night-time period (22h00 – 06h00).

These noise “thresholds” may not be exceeded on a continuous basis for example in Gauteng province.

As an example: A person may be hooting in the road in front of your residence, and, while it may be very annoying and significantly higher than the “threshold”, the noise is not continuous and may not violate the law. However, your neighbour may select to play their music for a few hours (or operate a power generator) for a few hours, activities that does violate the bylaw or policy.

Way forward

These criteria are used during the investigation of a noise complaint as well as for a noise impact assessment. Any mistakes in any of these steps could result in a project proceeding but:

• Potentially disturbing noise is registered and expensive noise pollution control measures are required; or
• Noise levels were over-calculated with the project developer unnecessarily implementing expensive noise pollution control measures.

With more than 15 years of experience on various projects, EARES has both the experience and knowledge to assist our clients in defining ambient sound levels, potential noise levels as well as the associated noise impact, allowing for appropriate noise control measures.

Should you have any questions you are welcome to contact EARES.

DOGS BEHAVING BADLY - EXCESSIVE BARKING AND WHINING ARE USUALLY CAUSED BY OWNERS BEHAVING BADLY - NOT TRAINING OR PROVIDING ATTENTION, LOVE AND COMMITTED CARE!

eTHEKWINI MUNICIPALITY - BARKING AND WHINING DOGS THAT MATERIALLY INTERFERE WITH NEIGHBOURS' PEACE AND QUIET ARE PROHIBITED BY THE ANIMALS BY-LAW, 2022. TRUSTEES, OWNERS AND TENANTS IN SECTIONAL TITLE SCHEMES ARE SUBJECT TO THE LOCAL AUTHORITY BY-LAWS

CHAPTER 18 ANIMALS BY-LAW 2022

MISCELLANEOUS PROVISIONS 

Compliance notices 48. 

(1) Where animals are kept on any premises and such animals cause a nuisance or are kept in a manner that contravenes this By-law, the Municipality may serve written notice to the person in control, requiring that person to remedy such nuisance immediately or within a specified period. 

(2) The owner or the person in control of an animal must take reasonable measures to comply with the notice contemplated in subsection (1), failing which the Municipality may impound or cause to be impounded any animals kept on any such premises, or take any steps necessary to remedy the nuisance, and recover any costs incurred from the owner or person in control.

DOGS BARKING AND WHINING NATIONAL SOUTH AFRICAN REGULATIONS

“Did you know that constant barking goes against the noise control regulations under the Environmental Conservation Act? According to a new law, dog owners can be fined R20,000 if their dog barks for more than 6 minutes every hour!” – Dotsure Pet Insurance

In eThekwini, a dog barking for six minutes per hour or three minutes per half-hour constitutes a noise nuisance under national Noise Control Regulations. You should first try to resolve the issue amicably with your neighbor. If that fails, you can file a formal, written complaint with the eThekwini Municipality, which may issue warnings, order the owner to stop the disturbance, or even impound the animal. As a last resort, you can apply to the court for an interdict to stop the noise. 

Legal Framework

• National Noise Control Regulations: 

South Africa's Environment Conservation Act includes regulations that prohibit noise nuisances caused by animals. 

• EThekwini Municipality By-Laws: 

The municipality also has by-laws, such as the Animals By-Law, 2022, which aim to control and minimize nuisances from animals. 

Excessive barking ... can easily be cured. Because of the new laws for barking dogs I get called in to see on average 2 clients a day whose barking dogs are driving the neighbours barking mad. Unfortunately people who do not particularly like dogs are jumping on this bandwagon and making it all very unpleasant for people whose dogs are barking. Dogs can be surprisingly persistent and those who have learnt that barking is productive will bark and bark and bark until they’ve achieved their end goal. They are even prepared to lose their voice if they think it’ll help in the end!   The good news is that it normally only requires a once off consultation and that I have a high success rate. Barking is only a problem if it isn’t treated properly and with kind guidance, coaching and coaxing, it can be quickly resolved – we just have to understand the underlying cause.   For obvious reasons, excessive barking alienates the owner from their pet. Not only that, but it also corrodes the relationship between dog owners and their neighbours. Under South African law, owners may not keep any dog that barks for more than six minutes in any hour or more than three minutes in any half hour. An official may order the owner to take necessary steps to stop the disturbance and owners are required to keep the dog under proper control.   Some breeds are bigger barkers than others so if you’re after a quiet kind of companion, don’t pick a guarding breed.   Some dog owners - out of desperation - have taken drastic measures to stop their dog barking by having their dogs’ voice box or vocal cords surgically removed. I really don’t recommend this and neither would I recommend using anti-bark collars of the electric collar variety... You could compare it to disabling the hooter in your car - although endless hooting is enough to drive anyone crazy, a hooter is still required to communicate an important message under relevant circumstances.   If you consider that dogs have a fairly limited range of communication, it is unfair to undermine their efforts. Barking, howling, growling, whimpering, and whining are just normal things that dogs do to in order to get their message across. I will help you to provide a supportive environment, so that your dog makes the right noises under the right circumstances.   Here are some other reasons for excessive barking:   Lack of exercise. I have already mentioned the importance of providing sufficient exercise for your dog. Insufficient activity is a very common reason for excessive barking. Again, regardless of the size of your property, your dog still needs to be walked for a minimum of an hour every day. It’s about providing a variety of ongoing stimulation so that your dog doesn’t get bored.   Lack of stimulation. When owners are away at work for extended periods of time and the dog is left without company, it just gets plain old bored. When they’re bored they bark, and when they bark, your neighbours will complain or even worse, may hurt your dog.   Excitability. Dogs love to bark when they play and often owners (in their own excitement) love to make their dogs bark. Out of respect for your neighbours, it’s prudent to limit this as much as possible. You need to be consistent. Your dog won’t understand if you encourage barking one day and then berate them the next. Also, some dogs are more excitable than others – a falling leaf may be enough to set them off.   Attention. Dogs can be like children; if they feel you haven’t paid them enough attention (perhaps you have but they just like a lot of it) they will become noisy until you attend to them. Regular interaction is what they need - otherwise they’ll demand it from you by barking.   Separation anxiety. This is more common than owners would imagine and this condition is normally stress related. We look at the separation anxiety first and then tackle establishing new habits around how to deal with stress. Unfortunately if your dog is barking because of this problem it takes much longer to sort out and a lot of patience from you and your neighbours.   Protecting territory. Dogs that are left outside may feel it’s their responsibility to protect their (and by extension, your) property.   Positive reinforcement. This relates to dogs that bark at passers by – postmen, joggers, cyclists etc. In this instance, the dog inevitably has their barking reinforced. See jogger, bark, jogger runs away. And all the while the dog is thinking, “Yeah, I showed him! Bark, look a little scary and the jogger will go away”.   One thing that is totally counter productive, is shouting. Even just saying NO is enough to make the dog believe that you’re actually joining in. Using sound to combat sound works by far better. This is a well established approached that is highly effective.   Another counter productive approach (which I also find rather inhumane) is punishing your dog for barking. It’s just trying to communicate; it feels it needs to communicate. Excessive barking is the owner’s problem, not the dog’s problem. Punishing a dog, whether it is physical punishment or isolation, will only make your poor dog fear you. In the end it will destroy the loving bond that you are trying to create with your dog.   Lastly, please consider this: do you think that excessive barking is the issue, or is it that your dog won’t stop when commanded? I’ll help you figure it out and devise a solution.   Please call me on 0798837566.   A dog is the only thing on this earth that loves you more than he loves himself. - Josh Billings (Henry Wheeler Shaw)

BERNICE JAFFE © 2010

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WHAT PARENTS NEED TO KNOW ABOUT CHILDREN IN SECTIONAL TITLES SCHEME COMPLEXES IN SOUTH AFRICA

 

 Sectional title communities now make up around 15% of South Africa’s residential property   market, according to Lightstone Property, and that number is steadily climbing. For many   South African parents, these complexes are an increasingly attractive option, offering secure   perimeter boundaries, communal amenities, and a built-in sense of community that supports   family living.

 The shift is also prompting a much-needed conversation about making these spaces more   child-friendly without compromising harmony and order. A growing number of developments are embracing this change by incorporating play areas, green belts, and family-focused   amenities from the outset. However, most also come with a set of rules that can directly   impact how children play, move, and grow within these shared spaces.

 Managing Agents often receive queries from body corporates looking to strike the right   balance between upholding community rules and respecting children’s freedom to play and   explore. Here’s a helpful guide to understanding how these rules affect parents and children   and how to navigate them with confidence.

 Why Rules Exist in Sectional Title Living

 Living in a complex means co-owning and sharing common property like driveways, gardens,   pool areas, and green spaces. To manage this cohabitation and prevent conflict, the Sectional   Titles Schemes Management Act (STSMA) and the Conduct Rules set out by each body   corporate are in place.

 The STSMA (Act 8 of 2011) gives power to the body corporate to make and enforce   rules, including those related to children’s use of common spaces. These conduct rules   are registered with the Community Schemes Ombud Service (CSOS) and must be   reasonable, fair, and enforceable.

 While many rules are aimed at promoting safety and preserving peace and order, they can   sometimes feel overly restrictive—especially for families with active, curious children.

 While many of these rules are designed to promote safety, prevent property damage, and ensure peace among residents, they can sometimes feel restrictive. 

 Common Rules That Affect Families

 Every complex is different, but here are some of the most common rules we encounter that   can affect parents and children:

• No ball games in common areas are intended to prevent property damage or noise complaints but are often frustrating for children with limited space to play.
• Noise restrictions – complexes typically enforce quiet times, often between 10pm and 6am, which can be especially challenging during school holidays. 
• No bicycles or skateboards on driveways or walkways to prevent accidents, but limit kids’ freedom of movement and play.
• Restricted access to amenities like pools and open spaces. Some complexes require adult supervision or limit the number of children per unit, which may inconvenience larger families.

 These rules may feel like they’re stifling recreational joy, but many are designed with safety in   mind and respect for other residents. It is important for parents to have a voice in shaping   these rules, especially as more young families move into these types of homes.

 How far can a body corporate go? 

 While a body corporate can regulate how common property is used, they cannot   unreasonably prohibit children from using it. The Constitution of South Africa enshrines the   rights of children, including the right to play, grow, and develop in a safe environment   (Section 28). Any rule that completely prohibits children from playing in outdoor common   spaces may be considered unreasonable and unconstitutional.

 This was reflected in a 2015 case, Singh v Mount Edgecombe Country Club Estate Management   Association, where the court ruled that community rules must be reasonable and may not   arbitrarily infringe on residents’ rights. While that case involved road rules for golf carts and   vehicles, the principle of fairness in complex rules still applies broadly.

 Navigating the Balance: Tips for Parents

 Here are some practical tips to help parents create a happy home environment while still   respecting the rules of a community: 

1. Read the Conduct Rules Carefully

 Before buying or renting in a complex, ask for a copy of the conduct rules and read them   carefully. This will give you clarity on what’s expected and help you prepare your children too.

2. Engage with the Body Corporate

 If you feel a rule is outdated or unfair, don’t be afraid to raise it. The CSOS encourages   residents to resolve disputes amicably, and many corporate bodies are open to revisiting rules if enough residents express concern.

3. Propose Positive Solutions

 Instead of objecting to a rule outright, propose solutions. For example, suggest creating a   designated kids’ play zone or implementing quiet hours rather than a full ban on ball games.

4. Educate Your Kids

 Explain the rules to your children in a way they can understand. Empower them to be   considerate neighbours and help them build respect for shared living from a young age.

5. Know Your Rights

 If you believe a rule is discriminatory or unfairly impacts your family, you can lodge a  complaint with the Community Schemes Ombud Service (CSOS). Their mandate is to   resolve disputes and ensure rules are fair and lawful.

 Living in a sectional title community as a parent isn’t always easy, but it can be incredibly   rewarding. With the right approach, a willingness to engage, and a shared understanding   among neighbours, it’s possible to foster communities where children are happy and where   everyone feels respected.

 If you’re unsure about the rules in your complex or need help navigating an issue, get in   touch with the Community Scheme Ombud Services. They are always there to help.