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You’re working from home or relaxing quietly in your living room, and the constant barking can be heard from your neighbor’s house. If you are not a fan of earplugs, then you may be wondering how to get out of this embarrassment. Here are some leads.
What does the law say?
Classified in the category of abnormal disturbance in the neighborhood, barking is often a civil matter rather than a criminal one. Article 1384 of the Civil Code specifies in particular: “A person is liable not only for the damage caused by a person through his own act, but also for what is caused by the act of the people who must be answered, or for the things that we have in his custody. »
So everyone liable for damages because of his animals.
The Public Health Code also applies, and basically its article R1336-5: “No particular noise shall, in its duration, repetition or intensity, affect the peace of the neighborhood or the health of the person, the public or private place. , if a person creates it himself or through the intermediary of a person, thing in which he has custody or of an animal placed under his responsibility. »
According to justice conciliator Paul Pourrat, “we must first qualify the abnormality of the noise. We live together noisy environment, but the dog barking all day in the apartment is abnormal. »
Article R1336-5 of the Public Health Code outlines three important criteria: duration, repetition and intensity noise. Does your neighbor’s dog keep going or just once? “And it is not appreciated in the same way depending on the area: there are noises that we accept more easily in the countryside than in the city. For example, the barking of a dog or the crowing of a rooster. »
Talk to your neighbor
The first thing to do is to go find your neighbor to explain the problem and peace management. After all, he might not know that his dog is barking so much.
We see so many people who come to see us that they don’t even talk to their neighbor. We are there to serve as their intermediary but otherwise no discussion can take place.
If your neighbor doesn’t want to hear anything, you can send him a mail with acknowledgment of receipt. This is not mandatory, but it will confirm that you contacted them to try to resolve the conflict.
Talk about it around you
If your neighbor is a tenant, so can you write to its owner. “The landlord of the bad neighbor should be involved as much as possible because, in a lease contract, it is established that the landlord must ensure that the use of the premises does not harm the neighborhood. »
A bailiff’s report or testimonials from neighbors can also support your approach. “Usually, people make a petition, it proves the repetition and intensity of the barking. »
Call for justice conciliator
If the noise pollution continues, the next step is to appeal to the justice conciliator, which is required before you can file a complaint. For all civil matters, since 1er January 2020, judges hearing a case of less than €5,000 or for neighborhood disturbance must ask first agreement.
“Abnormal disturbances in the neighborhood represent 18% of our activities”, continued the conciliator. “But we are not here to judge or advise, to compare opinions to reach an agreement. »
In general, people want to find common ground and, above all, do not harm the animal. “Sometimes the plaintiffs even defend the dog that was left alone in the house. And solutions – an anti-bark collar or a dog transferred to a neighbor’s family, for example – make both parties agree.
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