Legal implications of your dog barking excessively in the UK

Dogs bark. It is a normal part of dog behaviour and, in most circumstances, occasional barking is unlikely to cause a legal problem.

However, if a dog barks repeatedly or for prolonged periods and the noise seriously affects other people, there can be legal consequences for the dog's owner.

In the UK, the legal position depends on where you live and the circumstances of the complaint. In England and Wales, persistent dog barking can potentially be dealt with as a statutory nuisance, while other anti-social behaviour powers may also be available to local authorities and other agencies.

When can dog barking become a legal nuisance?

There is no simple rule saying that a dog can legally bark for a particular number of minutes or hours.

Instead, the circumstances of the noise are important. In England, a statutory nuisance generally involves something that unreasonably and substantially interferes with the use or enjoyment of a home or other premises, or that injures health or is likely to do so.

This means that occasional barking is very different from a dog that barks persistently, for long periods, or at particularly disruptive times.

Your local council will consider the circumstances and evidence available when deciding whether the noise amounts to a statutory nuisance.

The Environmental Protection Act 1990

In England, statutory nuisance legislation is principally contained in the Environmental Protection Act 1990.

Noise from premises, including barking dogs, can fall within the statutory nuisance provisions. Local councils have a duty to investigate complaints that could amount to a statutory nuisance.

If a council is satisfied that a statutory nuisance exists, has occurred or is likely to occur, it must normally serve an abatement notice on the person responsible or, in some circumstances, the owner or occupier of the premises.

What is an abatement notice?

An abatement notice is a formal legal notice requiring the nuisance to be stopped or restricted.

In the case of excessive dog barking, the notice could require the owner to take reasonable steps to prevent the noise from continuing or to restrict the circumstances in which it occurs.

An abatement notice is more serious than simply receiving a warning from the council. It creates a formal legal obligation to comply with the requirements of the notice.

What happens if the owner ignores the notice?

Failing to comply with an abatement notice can result in further legal action.

GOV.UK states that if someone breaches an abatement order concerning noise from their home, they can be fined up to £5,000. Different penalties can apply to noise from industrial or business premises.

The precise circumstances and enforcement process will depend on the case and the relevant legislation.

Can excessive barking be considered anti-social behaviour?

Persistent noise can also form part of an anti-social behaviour complaint.

The Anti-social Behaviour, Crime and Policing Act 2014 provides councils, police and other agencies with a range of powers for dealing with anti-social behaviour.

One of these is a Community Protection Notice (CPN). A CPN can be used where behaviour is having a detrimental effect on the quality of life of people in the locality and is unreasonable and persistent.

Noise nuisance is one example of behaviour for which community protection powers can potentially be used.

What could happen to a dog owner?

The consequences depend on the circumstances and the action taken by the relevant authority.

A dog owner may initially be contacted or warned about the complaint. They may be asked to take steps to reduce the barking or address the reason for the dog's behaviour.

If the problem continues, the local authority may consider formal enforcement action. This could include a statutory nuisance abatement notice or, where appropriate, other anti-social behaviour powers.

A Community Protection Notice can require a person to stop specified behaviour, take specified actions, or take reasonable steps to achieve a particular result. Breaching a CPN can result in a financial penalty or prosecution.

Does the time of day matter?

Yes. The time at which barking occurs can be relevant when considering how seriously it affects people.

Barking during the middle of the night is likely to have a different impact from occasional barking during the daytime, particularly if it regularly disturbs people's sleep.

However, there is no automatic rule that barking during the day is acceptable or that barking at night is automatically illegal. The overall circumstances and effect of the noise are important.

How can a dog owner protect themselves from an unfair complaint?

If you are a dog owner and someone has complained about your dog's barking, it is sensible to take the complaint seriously even if you do not believe the barking is excessive.

Ask for specific information about when the barking is occurring. If appropriate, keep your own record of the dog's behaviour and consider whether there are particular triggers.

For example, the dog may bark when it is left alone, when people pass the property, when other animals are nearby, or because of anxiety or boredom.

Addressing the underlying cause may help resolve the problem before formal enforcement becomes necessary.

What evidence can be used in a dog barking complaint?

If you are experiencing persistent barking, keeping accurate records can be extremely useful.

You should consider recording:

  • The date of each incident
  • The time the barking started
  • The time the barking stopped
  • The approximate duration
  • How frequently the dog barked
  • Whether the barking occurred during the day or at night
  • How the noise affected you
  • Any conversations you have had with the dog owner
  • Any action taken by the owner to address the problem

A detailed record can help demonstrate that the problem is persistent rather than being an isolated incident.

Can you take legal action yourself?

In some circumstances, individuals can pursue legal remedies themselves, but this is not normally the first step to take.

If you are experiencing persistent dog barking, it is generally sensible to try to resolve the matter informally first. If that does not work, you can contact your local council and ask about its statutory nuisance procedure.

Legal proceedings can be complicated and potentially expensive, so anyone considering taking court action should obtain appropriate legal advice before doing so.

What if the barking is affecting your health?

Persistent noise can have a significant effect on people's quality of life, particularly when it regularly interrupts sleep or causes ongoing stress.

If the barking is affecting your health, keep a record of the effects as well as the noise itself. For example, you might record occasions when your sleep has been disturbed or when the noise has prevented you from working or using your home normally.

If you have concerns about your health, consider speaking to your GP or another appropriate healthcare professional.

What should you do if your neighbour's dog is barking excessively?

The best approach is usually to work through the problem in stages.

  1. Speak to your neighbour. They may not realise that the barking is causing a problem.
  2. Keep a detailed record. Record dates, times, duration and the effect of the barking.
  3. Try mediation. This can help resolve disagreements without formal enforcement.
  4. Contact your local council. Ask about its procedure for dealing with noise nuisance.
  5. Cooperate with any investigation. Provide accurate information and evidence when requested.
  6. Consider legal advice if necessary. This may be appropriate if the dispute becomes more serious.

Dog barking and the law: the important point

Having a dog that occasionally barks does not normally mean that the owner is breaking the law.

The legal issue arises when barking becomes sufficiently persistent, unreasonable or disruptive to potentially constitute a nuisance or anti-social behaviour.

Local authorities have powers to investigate complaints and, where the relevant legal tests are met, require the person responsible to take action.

If you are experiencing persistent barking, keeping a clear and factual record of incidents can help you explain the problem and provide useful evidence if you need to make a formal complaint.

Important information about this page

This page provides general information about the legal position surrounding excessive dog barking in the UK. It is not legal advice and should not be treated as a substitute for advice from a qualified solicitor or other appropriate professional.

The law and enforcement procedures can differ between England, Wales, Scotland and Northern Ireland. You should check the guidance provided by the relevant local authority or government body for your location.

Together, we can

STOP excessive dog barking in the UK

Helping communities understand, manage and prevent excessive dog barking across the UK.
Dog Noise UK is an animal-loving, dog-positive organisation that aims to educate dog owners about excessive illegal noise, by facilitating tools, methods and training that prevents dogs from barking to the annoyance of everyone around them.

 

We facilitate methods making it easy for the public to report issues to the local authorities, as well as keeping a centralised record of dog noise complaints that UK councils and the general public can easily get access to.