How to make a barking dog complaint application

1 - About this application 

You can make an application if a dog’s excessive barking is causing a nuisance to you or your family.

You might find yourself in a situation where persistent or disruptive barking is disturbing you, and you haven't been able to resolve it with the owner of the dog.

Who can help

You should attempt to resolve the issue yourself by contacting the person owning the dog or the business where the dog occupies. It may also be a security watchdog occupying a local business during night hours. Your Local Authority or Dog Warden may be able to provide information or guidance to assist you.

2 - Before you make your application

• You must send a formal notice letting the dog owner know that you intend to make an application to the court.
• You will find information on this formal notice on section 25 of the Act.
• This notice should be sent at least seven days before you intend to make the application at the court office.
• You can deliver the notice by hand to the dog owner or send it by post or deliver it in person.
• You should keep a detailed log of the barking, including dates, times, and the duration of the noise, as evidence for the court.
• If the barking persists after the notice period of seven days, you can proceed to the District Court office to make the application

Noise complaint cases can be complicated. You should consider getting legal advice to better understand the options available to you.

3 - How to make your court application

You can download your application form Form No. 40C.01 Notice of Statutory Application or contact your local court office and they can send a application form to you by post. The person making the application is the claimant and the person you are making the application against is the respondant.

You will need to include the following information to complete your application:

• District Court number and area. Please see our map, this can be found here.
• A record number which will be inserted by the court office,
• Enter the enactment which is the section of the legislation that is relevant to your application - Section 25 of the Control of Dogs Act 1986,
• Your full name and address,
• the respondent's full name and address,
• the date and time of court which the court office will give you,
• details of what you are asking the judge to do,
• reasons why you are making this application,
• list of documents you intend to rely on or use in court, including video evidence if applicable,
• the address of the court office where you filed your application.
  

You must pay the appropriate court fee for your application The fee for this application is €80. This civil application fee can be paid at your local court office or in Dublin, at the Stamping Office in the Áras Uí Dhálaigh building in the Four Courts complex. You can pay these fees by card or cash.

The office will check your application, give it a record number and they will return the form to you.

You will need three copies of the stamped application:

• The original for the court office
• A copy to be served upon the respondent
• A copy for yourself

4 - Serving and submitting your application 

Serving your application

You must then send a copy of your application to the respondent. This is called serving the application. Please see our serving and proof of service page for more information. The Respondent must be notified at least twenty one days prior to the court date by registered post. Your post office will give you a certificate of postage.

Submitting your application

A copy of the stamped application with the declaration of service attached must be lodged in your local District Court office at least seven days prior to the court date.

Please see our preparing for civil court pages for more information on what to expect in court.

Read more about preparing for court > 

5 - Attending court

Attending your court hearing

You or your legal representative should arrive on time on your court date and make yourself known to the court when your list number and name is called out. 

The judge will hear the evidence and make a decision on your case. 

Results from your hearing

Your case can have a number of outcomes. The judge may:

• Approve your application,
• Apply certain conditions to control the dog,
• Refuse your application,
• Adjourn your case for more information,
• Ask the parties to mediate and reach an agreement.

What happens after court

You or the other side can appeal the courts decision. Please visit the appeals page for further information. See our After your hearing page for more information on whatt to expect after your court hearing.