Law on barking dogs in the private sector and apartment buildings
Owners of apartments and private homes have the right to keep animals, provided their pets don't cause any adverse physical or psychological impact on others. However, it can happen that a dog living in an apartment can be a nuisance to neighbors, constantly barking, whining, and howling. In our country, the peace and quiet of citizens is protected by law. Is there a law prohibiting loud barking in apartment buildings and private homes?
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What laws provide for noise restrictions?
There is currently no specific law prohibiting dog barking. One of the main documents regulating legal relations in this area is the Federal Law "On Keeping Dogs."
The Sanitary Rules and Regulations adopted in the Russian Federation set the permissible noise level in residential areas at 45 dB during the day and 30 dB at night. Exceeding these limits is considered a violation of SNiP. The law prohibits disturbing the peace between 10:00 PM and 7:00 PM on weekdays, at night between 10:00 PM and 9:00 PM on weekends, and during the day between 1:00 PM and 2:00 PM. Time zone regulations may change in different regions of the country.
The current Federal Law No. 25 of the Russian Federation contains a section stating that the owner of a dog who disturbs residents of an apartment building with barking will face administrative penalties. Part 6 of the article also provides for fines for disturbing the peace. For example, in Moscow and St. Petersburg, the fine for disturbing the peace at night ranges from 500 to 5,000 rubles.
People who have suffered from noise due to the fault of their neighbors have the right to compensation for damages:
- for damage caused to health,
- for expenses on treatment, medications;
- for the costs of legal services and expert examinations.
A new version of Article 14 of the Code of Administrative Offenses on liability for disturbing the peace will be included in the Code of Administrative Offenses in 2022; its draft was already adopted in its second reading in 2021. The article has been supplemented with a clause specifying that one form of administrative offense is considered to be its commission through inaction, i.e., a situation where the owner does not deem it necessary to control the behavior of a pet.
What to do and where to go if your neighbors' dog is constantly barking
A dog often becomes a source of problems for neighbors, most often of a psychological nature. It happens that the dog barks at night and during the day, howls, whines loudly in the apartment, depriving the residents of the entire building of peace.
The reasons for such inappropriate behavior may be different:
- The dog barks because it suffers from loneliness (there are breeds of dogs that cannot stand long periods of isolation, for example, basset hound, chihuahua, chow-chow);
- the animal is hungry or thirsty;
- the dog feels unwell and is constantly in pain;
- The animal has not received proper training and therefore barks at any sound outside the door.
If your neighbors' dog is constantly barking and disturbing your sleep, the first thing you should do is talk to the owner and ask them to resolve the problem. If the owner takes no action despite your complaints and requests to calm the animal, you should report the disturbance to your local police officer, preferably in writing. The report should include the offender's address, the nature and frequency of the noise, and the police officer is required to respond to your complaint within 24 hours. Typically, the officer will interview the offender.
If, after the initial warning about the inadmissibility of violating the rules of residence in an apartment building or private home, the situation has not changed, and the neighbors complain and contact the local police officer again, he is obliged to issue the dog owner a fine for disturbing the peace.
You can also file a complaint about your neighbor's dog barking with Rospotrebnadzor (the Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing). Representatives of this federal agency will conduct noise measurements, and you can use the results of these assessments when filing a lawsuit. You will need to attach documents to your complaint that serve as evidence of your attempt to resolve the dispute through other, non-judicial means:
- Copies of complaints filed with the district police officer and responses to them;
- Testimony of neighbors;
- Audio and/or video recordings made by the plaintiff or on his behalf.
The court's decision will be made within one to two months after the case is accepted for consideration.
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