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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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My neighbour has made a complaint regarding noise from barking

Customer Question

My neighbour has made a complaint regarding noise from barking dogs. My LA has deemed that a statutory nuisance has been caused. I received no prior notification that a complaint had been made or that the council was considering installing monitoring equipment in my neighbours home. Should this have happened?
Submitted: 4 years ago.
Category: Law
Expert:  Alice H replied 4 years ago.
Hello and welcome to Just Answer.

My name is Alex and I'm happy to help with your question today.

There is no legal obligation on the council to give you advance notice that they are conducting an investigation.

Giving you notice would defeat the object of trying to ascertain whether any laws have been broken.

However once the council has decided that nuisance has been caused they should serve an abatement notice

An abatement notice is served on the person responsible for the statutory nuisance.

The person responsible is defined as the person to whose act, default or sufferance, the nuisance is attributable.

The notice must require that the nuisance is abated and/or its occurrence or recurrence prohibited within a specified period.

Works or actions required to abate the nuisance may be detailed in the notice although this is only usually necessary when complex and costly alterations or procedures are required to abate the nuisance.

The person served with an abatement notice has the right of appeal against the notice to a Magistrates Court within 21 days of service.

Breach of an abatement notice can result in a prosecution and up to £5,000 fine.