The Right to Quiet Enjoyment - Neighbours Conflicts With Short-term Rentals

Nuisance law is all about balance: it protects your right to enjoy your home while making sure you don't unfairly ruin your neighbours' peace. This balancing act is especially tricky in apartment blocks and townhouse complexes (sectional title schemes), where people share walls, corridors, and common spaces.

Recently, the rise of short-term rentals (like Airbnb) has caused a new headache: short-term guests smoking cannabis inside units, leading to complaints from long-term residents about the lingering smell and smoke.

What Counts as a "Nuisance" in Law?

In South Africa, a legal nuisance is anything that unreasonably interferes with your ability to use and enjoy your home. However, the courts don't take every minor annoyance to trial—to win a case, the problem must be unreasonable and cause real, measurable discomfort.

Because there are no strict, one-size-fits-all rules, courts weigh your right to enjoy your property against your neighbour's right to live freely in theirs. To decide what is reasonable, they look at key details:

• What type of disturbance is it?
• How severe is it?
• How often and how long does it happen?

What Can You Do If a Neighbour's Smoking Bothers You?

If a neighbour or short-term guest is constantly smoking cannabis and it fills your living space, you have a few ways to take action:

1. Complain to the Body Corporate or Trustees Check your complex’s Conduct Rules. Trustees can often issue warnings or fines to rule-breakers. Complexes can also pass rules banning smoking in shared areas or creating a single designated smoking zone.
2. Escalate to CSOS (Community Schemes Ombud Service) If reporting it internally doesn't solve the problem, you can file an official complaint with CSOS. They act as an ombudsman for property complexes and can issue binding legal orders to stop the nuisance or force the complex to enforce stricter rules.

Real-Life Court & Ombud Examples (And Why Claims Fail)

Recent CSOS rulings show that winning a nuisance case is not always easy:

• Lack of Evidence (WG v EP): A resident complained about a neighbour's cannabis smell. However, no other neighbours or trustees backed up the story. The official dismissed the case, ruling that a legal nuisance must bother an average person—not just one overly sensitive individual. Lesson: You need supporting evidence and testimonies from others, not just your own word.
• Cannabis is Legal at Home (LM v WE): A resident tried to stop a neighbour from smoking cannabis. The adjudicator ruled against the complaint, pointing out that South Africa’s Constitutional Court legalized personal cannabis use in private spaces. Because no specific complex rules were broken, the neighbour had done nothing illegal. Lesson: Simply smelling cannabis isn't automatically illegal; it has to cause an extreme, unreasonable disturbance.
• Procedural Mistakes (BGE v LP & Others): A resident claimed her neighbour's vaping was leaking into her apartment and causing severe health issues. While the official agreed that serious health impacts can count as an unreasonable nuisance, the case was thrown out on a technicality because the resident failed to include the Body Corporate in the lawsuit. Lesson: You must follow correct legal procedures and include all necessary parties in your complaint.

Key Takeaway

Even though cannabis is legal to use in private, you do not have to endure severe, daily disruption to your health or home. If talking to your neighbour doesn't work, build a well-documented case: gather proof, get fellow neighbours to confirm the issue, make sure your complex rules support you, and follow the exact CSOS filing steps.