Sectional title schemes scents and smells during the silly season

11 December 2025 | Nicole Tavares

If you have ever been in South Africa during the “silly season” you know that socialising is the main objective for our December holidays. Be it with family, friends, neighbours, colleagues, and the like, South Africans want to be surrounded by others. Naturally this ALWAYS includes eating and drinking – or as we like to put it a “chop en dop”. This raises the question “what happens if your socialising infringes on that of your neighbours?” We have heard it all, from a neighbour keeping rotting meat/fish, to excessive deodorant use, wood-burning braais and of course the most common being the cigarette and/or vape smoke.

The above examples beg the question, in a scheme, whose rights are more important? This article explains how “smell nuisance” could be regulated in sectional title schemes.

Let’s start by discussing where these smells could be emanating from, either:

1. A section

While we are yet to have a case about deodorant and/or perfume causing a nuisance in South Africa, the smoking of tobacco and/or marijuana is permitted within one’s private residence, and we all know at least one (1) person that has tried making biltong at home. These actions are all legal and can be done inside a person’s unit.

However, this right is not unlimited, as section 13(1)(e) of the Sectional Titles Schemes Management Act 8 of 2011 (STSMA) sets out that an owner must not use their section in any way that creates a nuisance or interferes unreasonably with another’s use and enjoyment of their section. It must be noted that it is fairly common that balconies and/or garden areas form part of the section – even though they are considered outside areas.

2. An exclusive use area

Balconies, patios and courtyards, which are not demarcated as a section, but rather an exclusive use area could be the greyest area of all. While the holder has the right to use and enjoy the exclusive use area, the area still remains as common property in its nature, and, therefore, the trustees have a little more control over the ‘regulation’ of the use of these areas.

In this regard, the trustees should recommend rules that show a compromise between all parties regarding using exclusive use areas in a manner that causes the least amount of nuisance to others in the scheme, which must be solidified in the schemes conduct rules.

3. The common property

Common property are areas that are for the use and enjoyment for all in the scheme, and while some schemes have designated areas where people can smoke, vape and braai, people are usually prohibited from doing these acts on the common property.

Proactive schemes would even have conduct rules that state the prohibitions, as well as provide a fining rule were transgressors can be penalised for causing a nuisance on the common property.

What should a scheme’s conduct rules say about smell nuisance?

Clear rules help prevent conflict and protect the rights of all residents by setting expectations upfront, your scheme’s conduct rules should cover the following:

• actions causing the smell nuisance;

• odours affecting the adjacent sections;

• disposal of such products, and

• enforcement procedures and penalties.

When creating any conduct rule/s the trustees must ensure that they are reasonable, applied equally, voted in correctly, and approved by the Community Schemes Ombud Service (CSOS) before they become legally enforceable.

So what to do if the scent coming from your neighbour’s unit is affecting you?

If you are affected by any scents caused by another resident, one must first ask, am I being too sensitive (maybe I don’t like my neighbour), OR can it reasonably be considered a nuisance, if you answered yes to the latter, here are some steps you could take:

1. Ask your neighbour if you can join the next braai, or at the very least, if they could braai a nice chop for you.

2. Try chatting to them, in a non-confrontational way, about how the smells are affecting you and try come to a compromise.

3. Submit a written complaint to the trustees or managing agent.

4. Try internal dispute resolution with a mediator.

5. Seek advice from a Community Scheme Legal Consultant (*cough cough TVDM Consultants).

6. Lodge a dispute resolution application with CSOS.

Conclusion | Balancing act of rights

The main goal in a sectional title scheme should not be to ban a lifestyle entirely, but rather to ensure reasonable co-existence. While most smell emanating actions is legal, so is the right of enjoyment of one’s home without respiratory irritation, odour, or nuisance.

Good governance, fair rules, and respectful communication usually prevent disputes. At this time of year rather focus on enjoying the festivities, and avoid being labelled Mr (or Ms) Grinch!

About the Author:

Nicole Tavares is a Co-Founder and Director of TVDM Consultants.

Nicole started out her career with a focus on business studies, following which her journey in property law began. She embarked on paralegal and conveyancing courses, which allowed her the opportunity of joining Herold Gie Attorneys, where she was a correspondent conveyancing secretary.

Nicole continues to add to the community schemes industry with her experience in property, dispute resolution and business management, and is in the process of completing her BCom (Law) degree.

Learn more about Nicole Tavares.