Noisy Dogs

Pittabang

My neighbour has 2 dogs which bark from the moment she leaves the house to go to work in the morning until she returns in the evening. Any one got any tips on Noise Abatement orders and how to start the process and also what the cost is

thanks in advance

tbh

there have been a lot of threads on this, but the summary is that nothing can happen until you talk to your neighbour. Have you done this yet?

Pittabang

yes she has been approached by other neighbours but no improvment, also the residents association have been informed. not sure if they acted though

bobbysands81

Under Irish law, you are entitled to bring complaints about specific neighbourhood noise to the District Court.

Types of noise covered
Noise such as that coming from other homes, workshops or local businesses that is continuous, repeated, loud and occurring at such times and of such duration that it affects the quality of life of the person is covered in Irish law.

The law in Ireland governing this area is (Section 108) of the Environmental Protection Agency Act 1992 and the Environmental Protection Agency Act (Noise) Regulations 1994 (SI No. 179 of 1994). While the law does not specifically mention an exact level or standard of noise that is illegal, it is clear that if neighbourhood noise is affecting the quality of life of a citizen, then you have a right to complain. Your local authority has the power to investigate complaints about neighbourhood noise and also has specialist equipment that measures levels of sound.

A European standard for external intruder alarms replaced all current national standards in September, 2003. The new standard incorporates stricter controls regarding minimum and maximum duration for the sounding of alarms. The new limits are 90 seconds minimum and 15 minutes maximum. However, the new controls only apply to alarms fitted from September, 2003.

Rules
Making a complaint
You should approach the person or business causing the noise and explain that it is a nuisance and try to come to a mutually acceptable solution. If this does not work, your local authority has the same power as individuals to bring noise complaints to the District Court. In addition, local authorities have similar powers to the Environmental Protection Agency in relation to premises, processes and works other than those that require licensing under the Environmental Protection Agency Act. The Environmental Protection Agency can require the person or body to take specific measures to prevent or limit noise. Anyone required to take such specific measures by the Environmental Protection Agency must do so or face prosecution.

If you wish to make a complaint to the District Court, you are not required to be represented by a solicitor, however, you may engage the assistance of a solicitor to help prepare your noise complaint and present this in court. You should consult with the Clerk of your local District Court about an appointment for the hearing of your case and refer precisely to the law relating to your case (Section 108 of the Environmental Protection Agency Act 1992 and the Environmental Protection Agency Act 1992 (Noise) Regulations 1994 (SI No. 179 of 1994).

The appointment for the hearing of your case must be at least 7 days later than the date on which you inform the person responsible for the noise nuisance that you will be taking your case to court. You must use a Environmental Protection Agency Act, 1992 - noise form of notice to inform the person or business that you will be taking them to court. It is important that you use this form of notice only and that you complete it fully and accurately.

The District Court will call both parties together and listens to both sides of the case. If the court finds in your favour, it can order the person or body to limit the noise, reduce the level of noise or stop the noise completely. Any Orders made by the court must be complied with.

Penalties for breach of law
The maximum fine for conviction on breach of noise regulations is 3,000 euro or 12 months in prison or both.

How to apply
Approach the person or business responsible for the noise and try to reach a mutually acceptable solution. You may find that they were not aware of the nuisance and in most cases, this will resolve the problem.

If you have tried to resolve the problem amicably and this has not worked, you may then refer your complaint to your local authority, or you can take your complaint directly to your local District Court or the Environmental Protection Authority.