A barrister has outlined the legal remedies available to individuals being driven "mad" by noisy neighbours' dogs. Daniel Barnett, who boasts over 57,000 YouTube subscribers and presents The Legal Layman on LBC Radio, detailed the law in a video focusing on neighbour disputes involving animal noise.
In his video, titled Neighbour Disputes: Barking Dogs, he explained when councils can intervene, what constitutes a statutory nuisance, and the measures residents can pursue if official complaints are ignored.
He began by observing that while "dogs are supposed to be man's best friend, a barking dog can become your greatest enemy", such disputes are usually best resolved 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 explaining how the Environmental Protection Act 1990 applies.
Council Powers and Statutory Nuisance
Barnett explained that local authorities are obliged to investigate noise complaints, including barking dogs, but can only take action where the issue 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 threshold. For it to qualify, the noise must "unreasonably and substantially interfere with the use or enjoyment of your property." The legislation does not specify precise thresholds; instead, it relies on factors including frequency, duration, and intensity, assessed 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.
Abatement Notices and Fines
Where a nuisance is confirmed, councils can serve an abatement notice demanding the owner reduce noise levels or face enforcement action. Barnett explained owners "can be fined for every day that the barking continues." He also pointed out that councils have separate powers to address night-time noise, generally between 11pm and 7am, even when the barking does not reach the statutory nuisance threshold.
If warnings go unheeded, councils can issue fixed penalty notices of up to £110 or pursue prosecution, with fines potentially reaching £1,000.
Evidence and Legal Action
Barnett stressed that evidence is crucial when making a successful complaint, noting 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 residents keep diaries of incidents and make recordings, adding that some councils offer apps to help measure and log noise levels.
If residents remain dissatisfied with council intervention, he explained they can take the matter to the magistrates' court under Section 82 of the Environmental Protection Act 1990.
Additional Dog-Related Issues
Barnett also highlighted further legal issues linked to dog ownership, such as fouling and dangerous behaviour. He pointed out that councils can issue fixed penalty notices for dog fouling in public spaces, while the Dangerous Dogs Act 1991 makes it a criminal offence for owners to allow their dog to be dangerously out of control, particularly if injury is caused.
