Background information
Bye-bye rooster! You’re cock-a-doodle-doing our neighbours’ heads in
by Patrick Vogt
Paw + Order: what you can do about your neighbour’s dog yapping
8.2.2024
Translation: Megan Cornish
Neighbour’s dog barking non-stop, leaving you dreaming of a peaceful night’s sleep? The first instalment of the new Galaxus series Paw + Order tells you how you can fight back, and what dog owners should keep in mind.
It’s finally time to go home! You happily collapse onto the sofa and look forward to a few quiet hours. But suddenly it starts again: the neighbour’s dog is yapping. And yapping and yapping. Just like the night before. «Will this ever end?!» you think to yourself and wonder what you can do. Caroline Mulle, legal research associate at the Foundation for Animals in Law, has the answers.
Source: Photo: Stiftung für das Tier im Recht
Caroline Mulle, what can I do if my neighbour’s dog barks all the time and disturbs me?
Basically, a dog can’t be completely stopped from barking. After all, it’s an important communication tool. The question is where the line is between acceptable and unacceptable animal noise. It’s only forbidden if it’s excessive.
When is that?
Excessiveness is determined by weighing up interests. This doesn’t mean the subjective perception of the person affected, but the perception of an average person in the same situation. So, a personal aversion to dogs should not be taken into account in the assessment.
What is tolerated when it comes to pets, and what isn’t?
Occasional barking or tweeting should be tolerated, but not, for example, the shrill cry of a parrot or the incessant barking of a dog for hours on end. Balancing interests – i.e. keeping pets against the need for peace and quiet – depends heavily on the individual case.
What else is important?
Local custom. This means that something can be allowed in the countryside that would be considered excessive in an urban residential area, for example, a cockerel crowing in the morning.
Are there differences depending on the municipality or district?
Yes. In the cantons of Aargau, Bern and St. Gallen, for example, the rule is that keeping three adult dogs per household in residential zones is still compliant with the zone. Residential areas are often divided into sensitivity zones. During enforced quiet periods, an increased level of quiet may also be required.
What’s the first step I can take against a dog barking?
First, you should always have conversation with the pet owner to clear things up. Conflicts can often be resolved more easily and simply in this way than, for example, through legal proceedings.
When should I contact the landlord?
The recommendation is to involve them as early as possible. The landlord may be able to act as an intermediary under certain circumstances.
Can I also request a reduction in my rent?
Yes. Even if the landlord isn’t responsible for the constant barking of dogs, they must enable every tenant to exercise their right to live without impediment. The right to rent reduction exists from the point at which the excessive harassment is reported to the landlord.
What can I do if it’s my dog that’s barking?
Firstly, you need to find out why the dog is barking. If this is overwhelming, it’s worth seeking professional help, be it at a pet practice, a behavioural medicine practice or a dog school (website in German).
Am I at risk of being evicted from my apartment? Or can I request structural measures from the landlord, for example, if the apartment is poorly soundproofed?
Basically, as a dog owner you’re responsible for ensuring that the animal doesn’t bother anyone. If the disruption caused by the noise is excessive and doesn’t decrease even after a written reminder, the landlord can terminate the rental agreement with 30 days’ notice at the end of the month.
Are there other reasons that a lease can be terminated?
There may also be grounds for contract termination if the tenant ignores a ban on keeping animals that is stipulated in the contract or is subsequently imposed, or keeps animals without the required consent of the landlord.
I’ve read several times that you can try to calm the animal down with a dog whistle. Would you recommend this?
I’d advise against it. On the one hand, it can be unpleasant for the dog and, on the other hand, it’s questionable whether it even works. In addition, animal protection law prohibits the use of means that prevent dogs from making loud noises and expressing pain. These include so-called bark stop devices that emit fragrances, water or compressed air. Spraying water from a bottle is also prohibited.
Source: Photo: Shutterstock/SpeedKingz
When should I contact a vet?
Constant barking can be an indication that the dog isn’t being kept appropriately. If there is a reasonable suspicion that animals aren’t being treated in accordance with the law, the cantonal veterinary office can be informed.
Will that cost me anything?
No. As there’s official clarification, there are no costs or further obligations for the reporting person.
What can the veterinary office do?
The office is responsible for monitoring animal husbandry regulations. In serious cases, it’s obliged to intervene immediately to help animals and restore their legal status. It also has the ability to confiscate animals.
Should the police also be alerted?
The police can always be contacted if animal cruelty is suspected. As animal cruelty is an official crime, the police is obliged to follow up on information. You can also contact the police if you have a noise complaint.
Is it advisable to keep a noise log?
Yes, that certainly makes sense. When assessing excessiveness, the time of day and the intensity with which the noise occurs is also important.
Source: Photo: Shutterstock/PixieMe
What if I haven’t had any success with the steps you’ve mentioned and the noise continues to bother me? As a last resort, could I take legal action?
Yes. In order to initiate civil proceedings, a request for arbitration must first be submitted to the responsible arbitration authority at the subject of the complaint’s place of residence. The aim of the arbitration procedure is to reconcile the parties and prevent them from filing unfounded claims or denying clearly justified claims.
How likely am I to succeed with a civil lawsuit?
This can only be assessed in specific individual cases. If the court finds that there’s excessive noise pollution, it will order measures to curb it. These can be structural or organisational, for example.
Have a question that I can explore in the new series Paw + Order? Let me know in the comments.
Header image: Shutterstock/ArtmannWitte
Darina Schweizer
Senior Editor
Darina.Schweizer@digitecgalaxus.chI like anything that has four legs or roots. The books I enjoy let me peer into the abyss of the human psyche. Unlike those wretched mountains that are forever blocking the view – especially of the sea. Lighthouses are a great place for getting some fresh air too, you know?
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