Excessive dog barking
We will not investigate dog barking but you can take your own action.
Telling the owner
It is not required before taking legal action as detailed below but, If you think it is appropriate, you could informally speak to the dog owner about the issue. They may not know there is a barking problem as it may only happen at certain times, for example, if the owner is out.
The Civic Government (Scotland) Act 1982 (under Section 49) allows any person affected by dog barking to take private action.
Any individual affected by dog barking can make an application to the Justice of the Peace (JP) Court for an order to be made.
The application must be made by the individual affected and not by the Local Authority.
If the Court determines that the dog is causing annoyance, it may make an order requiring its owner to take action to prevent the annoyance from continuing.
In terms of this legislation the Court cannot order destruction of the dog.
How to apply for an Order
Keeping a record of the issue could help if you proceed with civil legal action. Useful details include:
- When it happens
- How long it goes on for
- What type of noise it is
- How this causes annoyance
- Anything else you feel is relevant
After an application is made
If you proceed, you will be expected to appear in Court on the day of the hearing, together with any witness you may have.
Alternatively, you could hire a solicitor to act on your behalf, although legal representation is not required.
The Court will also seek information from the dog owner.
There may be a fee for making an application.
Contact the JP Court:
Justice of the Peace Court
Sheriff Court House
27 Chambers Street
tel: 0131 225 2525
If you are concerned about the welfare of the dog
If you are worried about a dog report these concerns to the SSPCA.
- Call: 0300 099 9999