Most dogs cause no trouble. But an aggressive, poorly controlled or constantly barking dog next door can affect your safety and your peace at home. The law differs across the UK. In England, Wales and Scotland, the Dangerous Dogs Act 1991 covers prohibited dog types and dogs that are dangerously out of control. Northern Ireland has separate legislation, mainly the Dangerous Dogs (Northern Ireland) Order 1991 and the Dogs (Northern Ireland) Order 1983. Persistent barking may also be dealt with under nuisance laws. This guide focuses on England and Wales. If you live in Scotland or Northern Ireland, check mygov.scot or nidirect.
Our free Neighbour Rights Checker points you to relevant guidance. It does not give a legal ruling on your situation.
Prohibited dog types
In England and Wales, it is illegal to own, breed, sell, give away or abandon these types of dog without a valid exemption:
- Pit Bull Terrier
- Japanese Tosa
- Dogo Argentino
- Fila Brasileiro
- XL Bully
XL Bully restrictions began in England and Wales on 31 December 2023. Owning one without an exemption has been illegal there since 1 February 2024. Scotland's equivalent dates were 23 February 2024 and 1 August 2024, and Northern Ireland's were 5 July 2024 and 31 December 2024. Each nation has its own procedures and penalties.
The law bans dogs by "type" rather than strictly by breed, so a dog does not need to be a registered pedigree to be covered. What matters is whether it has enough of the physical characteristics of a prohibited type. A police dog legislation officer usually makes the first assessment, and a court decides if the case is prosecuted.
Appearance alone does not prove a dog is kept unlawfully, because it may have a valid exemption. If you are concerned, report the facts to the police on 101 rather than accusing your neighbour.
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Try our Neighbour Rights Checker free, here on this site →Exemptions and the conditions owners must meet
Some prohibited dogs can be kept legally under a certificate of exemption. The route depends on the dog type and where the owner lives. The transitional XL Bully application schemes have closed. Court proceedings can lead to an exemption in some cases, but this is never automatic.
In England and Wales, exempted dogs are recorded on the Index of Exempted Dogs. The conditions are legal requirements, including:
- microchipping and neutering, within the deadlines set by the relevant scheme
- keeping third party insurance in place
- keeping the dog on a lead and muzzled in public
- the certificate holder being at least 16, and anyone in charge of the dog in public also being 16 or over
- keeping the dog securely so it cannot escape
- the dog living at the certificate holder's address, apart from up to 30 days in any 12 months
- showing the certificate to police or council officers when asked, and reporting changes such as a new address
Breaking these conditions can lead to the dog being seized.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Dogs that are dangerously out of control
In Great Britain, it is a criminal offence to allow any dog to be dangerously out of control, including on private property such as the owner's home. In England and Wales, a limited householder exception can apply where the injured person is a trespasser in a dwelling. A bite is not necessary: there may be an offence where there are grounds reasonably to fear that the dog will injure a person or an assistance dog. An attack on an ordinary pet is not automatically the same offence, but it is still worth reporting.
Penalties depend on where the offence happens and whether a person or assistance dog is injured. In England and Wales they can include prison, fines, a ban on keeping dogs and destruction of the dog. GOV.UK covers the maximum penalties for England and Wales.
If an attack is happening or someone is in immediate danger, call 999. Get prompt medical attention after a bite or other injury. For past incidents or ongoing concerns, call 101 or report online to your local police force. Note dates, times and what happened, and keep any medical records. Never put yourself at risk to take photos.
In England and Wales, councils and the police can also issue Community Protection Notices. The statutory conditions must be met, and a written warning normally comes first. A notice can require steps such as keeping a dog on a lead, mending a fence or attending training. In Scotland, councils can issue Dog Control Notices under the Control of Dogs (Scotland) Act 2010. In Northern Ireland, council dog wardens handle dog control.
Barking dogs
Persistent barking can seriously disrupt neighbouring homes. Repeated or prolonged barking that unreasonably interferes with the use of your home may be a statutory nuisance under the Environmental Protection Act 1990 in Great Britain. Northern Ireland uses its own law, including the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011.
No set duration makes barking a nuisance. Your council's environmental health team will consider the time of day, frequency, duration and effect on you, and will usually ask you to keep a diary. If satisfied that a statutory nuisance exists, or is likely to occur or recur, the council must serve an abatement notice. An owner who ignores it may be prosecuted.
If you feel safe doing so, speak to the owner calmly first, as they may not realise their dog barks while they are out. Do not approach the dog. A local mediation service can help if talking directly feels difficult. Long periods of barking can signal distress or neglect. Report welfare concerns to the RSPCA in England and Wales, the Scottish SPCA in Scotland, or your council in Northern Ireland. For stray or roaming dogs, contact your council's dog warden.
Anyway the new neighbours are now coming round to my house at least once a week at 5.30 pm to give us an update on the new fence which we have agreed to pay for after the first two visits my husband went round to see them at a time that suited them despite it altering all our arrangements last weekend. They have been told on at least 3 occasions that 5.30 is not a convenient time. I am now on edge every day . I feel my husband has been too polite to them and now it may have opened the floogates for a list of demands we are very quiet and just want to be left alone. The constant harrassment is now causing me health problems related to stress unable to sleep racing heart etc. cannot rleax in my own home at tea time
Because I wanted the house so much and felt quite comfortable with my partner I shot back to work and continued to pay bills and mortgage repayments and enjoyed all the jobs i did too. Both my parents and sister in law gave us some basic furniture because we arrived only with a mattress and some of my boyfriends stuff that night. I gave up work to get a feel of the house and Paul has started working from home. I can honestly say its been one of the most terrifiying experiences of my life either becasue ive realised to late we are incompatible or just dont fit into the street and neighbourhood.
I feel like a real burden and unwanted due to all the ignorance and isolation and its made me ill. Never move to Worthing
My husband came home with a Rottweiller puppy a couple of months ago with no prior warning and the dog has turned our lives upside down. he tears into everything, the newly laid carpet, the wall paper, the dinning chairs, barbecue cover and cupboards. he does his pooh and wee everywhere inside and in the garden. my husband does not want to do much about it and turns a blind eye.
Worst of all he beat me up over the dog today.
Where do I go from here?
I understand that if you let a dog defecate in a public place you risk getting a fine but I dont think there is any legislation for private areas. Some housing assoc. state in tenancy agreements that dog fouling must be removed immediately. My main bay windows overlook her garden. I have views to the sea so when visitors come they look outof windows to the sea but very often thedogs mess will bethere. I think there needs to be an update in legislation.
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