Loud dog barking repeatedly leads to disputes. How much barking does a neighbour have to tolerate? And when is barking considered noise nuisance?
© kerkezz / stock.adobe.com
A dog that barks loudly and for long periods in a rented apartment can cause problems with neighbors.
There’s a saying that dogs that bark don’t bite. Quite apart from the fact that this expression belongs in the realm of myth (after all, barking four-legged friends can indeed snap), one thing is undisputed: dog barking can be very loud. If the barking can be heard for minutes or even hours at night or during other quiet periods, it can really start to grate.
Persistent dog barking from a neighbouring flat can test the patience of even the biggest animal lovers. But where does a normal, species-typical vocalisation of a four-legged friend end and noise nuisance begin? Is a dog even allowed to bark in a flat? And if so, for how long?
For dog owners, this essentially means the following: pets must be kept in such a way that neighbours are not disturbed. If someone can no longer properly use their private property because loud, persistent barking significantly affects them, they are entitled to have the source of the noise removed. In practical terms, this could mean, for example, that kennel dogs must be brought indoors at night.
© Sandra / stock.adobe.com
The question of when barking “impairs the use of a flat or garden beyond a reasonable level” is repeatedly the subject of court proceedings. Many judges base their decisions on a ruling by the Higher Regional Court of Cologne from 1993. At that time, a rough framework was established for when dog barking must be tolerated – and when it need not be.
According to this, dog owners must ensure that their pets do not bark during designated quiet hours. These are between 1 pm and 3 pm and between 10 pm and 6 am. In addition, barking should not last longer than ten minutes without interruption and should not exceed a total of 30 minutes per day. Otherwise, the neighbour has a good chance of enforcing a claim for injunctive relief.
Excessively loud, prolonged barking therefore constitutes a significant noise nuisance and thus an administrative offence. This applies in particular if the barking is heard mainly at night, at midday, as well as on Sundays and public holidays.
The dog owner may then face a fine and could even be liable for damages. Claims for compensation may arise, for example, if a neighbour is unable to let their flat because the barking puts off potential tenants.
Anyone living in rented accommodation who feels seriously disturbed by constant barking should keep a noise diary. This should record how loud, how often and how long the neighbour’s dog barks. Ideally, these details should be confirmed by a witness so that the log will stand up in court if the matter goes to trial.
Tenants should first set a written deadline for the landlord or property owner to resolve the noise issue. If this passes without action, the rent can be reduced by around five to ten percent. However, the rent must not be reduced without informing the landlord in advance of the reasons.
If the rent reduction is unjustified or set too high, you risk termination of the tenancy without notice. In case of doubt, it’s advisable to seek legal advice.
Good to know: if the dog owner also lives in rented accommodation, the landlord can withdraw previously granted permission to keep a pet if the barking is unreasonable for the neighbours. Details can be found in the tenancy agreement and/or the house rules.
Stress with neighbours and landlords, court cases, fines: loud, continuous barking can cause a great deal of trouble. But it doesn’t have to come to that.
If you’re bothered by the howling, whining or barking dog next door, try speaking to the owner first. You might be able to find a joint solution to the noise problem – without involving solicitors or the courts.
For example, if the dog barks persistently whenever its owners are at work, placing it in a dog day care centre could be an option. Or perhaps it could accompany its owner to the office? Another possibility would be anti-barking training, where the dog learns not to react to every passer-by.
An occasional “woof”, on the other hand, is perfectly fine. After all, barking is part of a dog’s natural communication – and no law in the world can ban that.
"A life without a pug is possible, but pointless," Loriot once said. I would unreservedly agree and add: "A life without horse, cat and rabbit as well!" My heart beats for all animals big and small and I have the great fortune to be able to write about my passion as a freelance author. With my articles I would like to raise awareness for animal welfare and give useful tips to animal lovers.
“How do I recognise that my beloved dog is happy?”. “How do I know that I am doing everything right with my dog and that it is completely happy with its life with me?”. Many dog owners ask themselves these questions.
The corona pandemic has changed the day-to-day life of millions of people all over the world. Dog owners who go into quarantine in order to not spread the virus further are asking themselves: how can I take care of my dog during the quarantine? For now the UK is in lockdown which entails more relaxed measures than a quarantine.
Are you thinking about adopting a rescue dog from abroad? Maybe you’ve met a ‘Rommie’ rescue dog out on a walk and become curious about what the adoption process entails?
