Venashrie Mannar from Webber Wentzel looks at the way residents can complain about generator noise in South Africa.
Amidst South Africa’s energy crisis, many complexes are turning to generators to keep the lights on. This can have a detrimental effect on both the mental and physical health of residents who may be in close proximity to them.
If the complaint is upheld, and levels are in violation of the by-laws, the body corporate will be sent an infringement notice, to which it will have to respond. Mannar said that Schedule 5 of the Constitution grants the individual provinces exclusive responsibility to administer noise control regulations. Thus, noise control is a provincial function.Section 24 of the Constitution provides that “Everyone has the right to an environment that is not harmful to their health or well-being”
Section 13 of the STSM Act states that an owner must not use his or her section or exclusive use area or permit it to be used in a manner or for a purpose that may cause a nuisance to any occupier of a section. “In this way, a special resolution is obtained, and 75% of the owners ‘buy into’ the installation of the generators.”When installing a generator on the common property for the use of all residents within the scheme, various provisions of the Sectional Titles Act, the Sectional Titles Schemes Management Act and the Regulations to the STSMA need to be taken into account.
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