A barrister has outlined the legal avenues open to those being driven 'mad' by their neighbours' noisy dogs. Barrister Daniel Barnett, who boasts more than 57,000 YouTube subscribers and hosts The Legal Layman on LBC Radio, broke down the law in a video centred on neighbour disputes involving noise from animals.
What constitutes a statutory nuisance?
In his video, entitled Neighbour Disputes: Barking Dogs, he detailed when councils are able to step in, what constitutes a statutory nuisance, and the measures residents can pursue should official complaints go ignored. He opened by acknowledging that while 'dogs are supposed to be man's best friend, a barking dog can become your greatest enemy,' disputes of this nature are generally best tackled informally.
'As with all neighbour problems, the best way to resolve them is by speaking to your neighbour in person. If this fails, how can the law help?' he said, before detailing how the Environmental Protection Act 1990 applies. Barnett clarified that local authorities are obliged to investigate noise complaints, including barking dogs, but are only able to act where the matter amounts to a statutory nuisance.
Under the legislation, 'any animal kept in such a place or manner as to be a nuisance is a statutory nuisance. This means it can be dealt with by the local authority.' Nevertheless, he emphasised that not all barking will meet the required threshold. For it to qualify, the noise must 'unreasonably and substantially interfere with the use or enjoyment of your property.' He further noted that the law does not specify precise limits, instead depending on factors such as frequency, duration and intensity, measured against what would affect a reasonable person.
'It is very unlikely that occasional barking in response to events will be enough to qualify as a statutory nuisance. For instance, if the dog sees another dog or barks at a passing cat, that won't be enough,' he said.
Council powers and fines
Where a nuisance is established, councils can issue an abatement notice compelling the owner to reduce noise levels or face enforcement action. Barnett said owners 'can be fined for every day that the barking continues.' He also clarified that councils hold separate powers to address night-time noise, typically between 11pm and 7am, even where the barking fails to meet the statutory nuisance threshold. Should warnings be disregarded, councils can issue fixed penalty notices of up to £110, or pursue prosecution, with fines reaching up to £1,000.
Evidence is crucial
Barnett said evidence is crucial in constructing a successful complaint, observing that 'councils must take reasonably practicable steps to investigate complaints, but resources are tight. So the better your evidence, the stronger your case.' He recommended that residents maintain diaries of incidents and make recordings, adding that some councils offer apps to assist in measuring and logging noise levels.
Should residents remain dissatisfied with council action, he explained they can bring the matter before the magistrates’ court under Section 82 of the Environmental Protection Act 1990. Barnett also drew attention to further legal matters connected to owning a dog, including fouling and dangerous behaviour. He pointed out that local authorities are entitled to issue fixed penalty notices for dog fouling in public spaces, while the Dangerous Dogs Act 1991 makes it a criminal offence for owners to permit a dog to be dangerously out of control, particularly where injury is caused.
