Publishing Date; Thursday the 20th day of April 2023.

 

Q I live in a build-to-rent apartment building which is pet-friendly. However, my neighbour’s dog barks and is a nuisance. I like dogs and other dogs in the block are fine. But it seems like this one is under-stimulated and barks when it hears anything in the main corridor. What can I do?

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A. Firstly you could discuss the matter directly with your neighbour in a calm and friendly manner as you are both in a community and wish to maintain a good relationship. Only do this if you feel it is safe to do so.  It would be preferable to discuss the issue on neutral ground at not at their property unannounced. They may not be aware of the dogs conduct and how their pet is affecting you so have some practical solutions ready to propose. The Dogs Trust can be a very useful resource for dog owners in animal behaviour and training, seeking guidance from them on reducing dark barking could be helpful.

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If speaking with the owner does not resolve the issue or is not an option for you, it would be appropriate to bring the matter to the attention of the owner/operator of the development. Put your complaint in writing stating clearly your concerns and the details of the nuisance. They may not be aware of the nuisance and could assist you in obtaining a suitable resolution with their tenant. Whilst pets are often allowed, animals of nuisance would not be permitted.

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Where you have taken all reasonable action to seek an amicable resolution and the barking persists you have the option to escalate matters further. Excessive dog barking resulting in nuisance is an offence. You may make a complaint to your local District Court seeking an order to reduce the barking. Firstly, you will be required to notify your neighbour in writing with a prescribed form. This is a notice, pursuant to section 108 {3} of the Environmental Protection Agency Act 1992, of intention to make a complaint to your local District Court in relation to noise giving reasonable cause for annoyance. No less than seven days may pass from when you sent this notice to your neighbour before you can then approach the Clerk of the District Court for an appointment for your case. The Court will hear your case and that of the defence and make a decision which could result in an Order to limit or remove the nuisance.

 

Paul Huberman FSCSI FRICS is a chartered property and facilities manager, and a Fellow of the Society of Chartered Surveyors Ireland and the Royal Institute of Chartered Surveyors. 

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Author: Paul Huberman of H&H Property Management Consultants Ltd

Publish Date: 20/04/2023