A barking dog can be a normal part of neighbourhood life, but when the noise is persistent, it can become a serious problem. If you are regularly disturbed by a neighbour's dog, the law may offer a route to resolve the issue.
Informal resolution first
Welsh Government guidance says it is usually better to try to resolve a neighbour noise dispute informally before making a formal complaint or taking legal action. It suggests speaking to your neighbour and, where appropriate, considering mediation if the problem continues.
However, there are circumstances where barking can become a matter for the local authority. Under the Environmental Protection Act 1990, councils have a duty to deal with noise they consider to be a statutory nuisance, including noise that is expected to occur or recur.
What counts as a statutory nuisance?
There is no simple rule saying a dog is breaking the law because it barks for a particular number of minutes or after a particular time. The relevant question is whether the noise amounts to a statutory nuisance, with councils considering the circumstances of the complaint rather than applying one universal cut-off.
Welsh Government advice also says that councils are legally obliged to investigate complaints of noise coming from premises, which can include land and buildings. If a council is satisfied that a statutory nuisance exists, or is likely to occur or recur, it can take formal action under the Environmental Protection Act 1990.
Keeping a diary and formal action
The impact of the barking can therefore be important when a complaint is investigated, rather than simply the fact that the dog makes noise. Government guidance says a statutory nuisance must unreasonably and substantially interfere with the use or enjoyment of a home or other premises, or injure health or be likely to injure health.
If you decide to make a formal complaint, keeping a detailed record of the barking can help demonstrate what is happening. Welsh Government's noise guidance specifically recommends using a diary to support a case when explaining the seriousness of a persistent noise problem.
The council may then investigate the complaint and decide whether the legal threshold has been met. If it finds a statutory nuisance, an abatement notice can be issued requiring the nuisance to stop or be restricted, although the exact enforcement process will depend on the circumstances.
Other legal routes
There are also other routes that may be relevant if the barking forms part of wider antisocial behaviour. The government says people can report noise nuisance, including dogs barking, to their council, while Welsh Government says powers under the Anti-social Behaviour, Crime and Policing Act 2014 can also be used to control noise in appropriate circumstances.
Before taking that step, however, it may be worth speaking to the dog owner if you feel comfortable doing so. Welsh Government advises that informal attempts to resolve neighbour disputes are usually preferable because formal complaints or legal action can worsen relationships between neighbours.
