Everyone may find some noise or other annoying at some time, but if it becomes constant and repetitive, it can cause certain problems, even health issues.
Barking is one of the most complained-about noises. In fact, the Valencian Community's High Court of Justice has already issued a ruling on this type of noise pollution. The judge ruled in the claimant's favour, who had endured years of barking and Antella Town Council was fined €3,000 for failing to intervene in the conflict.
Naturally, not all claims of this kind end in the same way; compensation often depends on the circumstances of the nuisance caused by the pets.
Steps to take if your neighbour's dog won't stop barking
If you are in this situation, stick around and we will give you some recommendations to solve this very common problem:
Speak to your neighbour and come to an understanding
You must talk to your neighbour, particularly for legal purposes. Otherwise, the judge assigned to your case may reject your claim because you have not communicated the issue first-hand to the noise emitter. Your neighbour may not even be aware that they are being a nuisance.
If an agreement cannot be reached, whether due to lack of understanding, failed negotiations or for any other reason, experts recommend sending a burofax, certifying the content and with acknowledgement of receipt, urging the neighbour in question to resolve the situation.
Professionals also advise reporting the problem to the community of owners' association and the community's president.
Is it worth going to court?
Like everything else in life, it all depends on your priorities and personal circumstances. If the noise persists, before starting a legal battle, you should analyse whether the situation requires legal action.
There are two requirements that courts take into account when accepting a claim, so we must comply with them objectively. Some noises are considered to be part of living alongside others, so the first requirement is that the noise has to be constant and repeated over time. In other words, if it is a one-off event or something that happens every Tuesday, the situation cannot be prosecuted.
The second requirement is that the noise can be objectively qualified as "avoidable and unbearable". For example, a baby crying is not avoidable or unbearable (even if it may seem so to you at the time). Pay attention to whether the barking you hear is repetitive, or whether the dog's owner tries to do something to prevent it, etc.
File a complaint with the local council
If diplomatic channels have not worked, the next step is to lodge a complaint with the local council or report it to the local police, which you can do either by telephone or in person.
Local councils are obliged to mediate in these situations and therefore ensure noise quality in their areas. If the council does not respond – which it can be fined for – it is time to take legal action.
Take legal action
Dialoguing has not worked and the administrative process was also unsuccessful, the noise continues and therefore, you will have to go down the legal route.
This is not the best – nor is it the shortest and easiest – way, but, in extreme situations, you can file a lawsuit and claim that the neighbour's barking dog violates your fundamental right to physical integrity, protected by Article 15 of the Spanish Constitution.
Other relevant advice
As a general rule, if you have endured a neighbour's incessant noise and your health has been affected, you are entitled to compensation.
Each case is completely different, but the judge's objective will be to establish the damage to health caused by the situation and whether it was the dog's barking that caused the problem.
That is why you should provide some evidence and submit it to the judge. Medical reports, psychological and/or psychiatric expert documents, and even personal injury assessment reports that determine the health condition are essential to winning legal proceedings.
The examining judge may consider it appropriate to carry out a noise level test in your home. The expert who carries out the test will apply Spanish Law 37/2003, of 17 November, which stipulates the decibels permitted in homes in each local ordinance. Generally speaking, the noise level must not exceed 35-40 decibels during the daytime and 25-30 decibels at night.
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