When getting a new dog there are a number of things you need to consider but some might not be aware there are also certain laws to abide by.
There are over 20 pieces of legislation that apply to dog ownership in Britain. From taking your dog out and about, to breeding and even for their welfare there are a number of laws that must be followed.
Anyone who fails to adhere to the pet-owner rules could face huge fines or even prosecution. Animal welfare charity, Blue Cross, compiled a guide to all of the rules that dog owners should be aware of.
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The information below applies to England and Wales only. It will help you understand your responsibilities, but it is not to be considered as legal advice.
Animal welfare
Keeping your dog happy and healthy
All domestic animals, under section nine of the Animal Welfare Act 2006, have the legal right to:
- live in a suitable environment
- eat a suitable diet
- exhibit normal behaviour patterns
- be housed with, or apart from, other animals
- be protected from pain, suffering, injury and disease
Owners can be taken to court if they don’t look after their pets properly and face a prison sentence of up to 51 weeks, and a fine of up to £20,000. They may also have their pet taken away from them or be banned from having pets in the future.
Tail docking or ear cropping
It’s against the law to dock a pet dog’s tail, in whole or in part but there are exemptions to the rule if tail removal is needed for medical reasons. If illegal docking takes place, the penalties include a maximum of two years in prison and an unlimited fine.
Likewise, it is also illegal in England and Wales to crop a dog's ears, in whole or in part. This is a painful procedure and damages the way a dog communicates with other pets and us. Modifying your dog's ears can face a penalty of six months in prison and/or an unlimited fine.
Animal cruelty
Being cruel to your dog in any way is a criminal offence. Allowing a dog to suffer unnecessarily lead to in prison for six months, a £20,000 fine and a ban on keeping animals.
Your dog at home
Controlling your dog in your own home or on someone else’s property
Allowing your dog to be ‘dangerously out of control’ is against the law on private property, as well as in public. An exemption is in place if a dog bites someone who has no legal right to be in your home, for example a burglar.
A dog doesn’t have to bite or physically injure someone for an offence to take place. If a person feels your dog may hurt them, they may still be considered ‘dangerously out of control’. This applies to dogs of all sizes, breeds and types.
Owners can be prosecuted if their dog attacks someone in their home, including in their front and back gardens, or in private property, such as a pub.
Noisy dogs
If dogs are becoming a nuisance to your neighbours with excessive barking then the owner can face punishment. Your local authority’s environmental health department can formally ask you to stop your dog from continuing the behaviour and, if you don’t, they can take your dog away from you.
Not only this, but prolonged periods of barking can be stressful for your dog and have an impact on their wellbeing.
Your dog out in public
Pick up your dog poo
Dog fouling (picking up poop after your dog) consistently ranks as the number one thing local councils receive complaints about. You must scoop that poop in public places to prevent it from becoming a health risk to people and other animals.
However, owners of assistance dogs who have a disability that prevents them from picking up poo, for example a guide dog walked by a registered blind person, are exempt from these rules.
If you fail to pick up your dog's muck, you can be issued with a fixed penalty notice of up to £100 or a fine of £1000 if prosecuted.
Dogs on leads
While there is no blanket law requiring dogs to be kept on a lead in all public spaces there are a series of orders that mean you have to leash your dog in certain places in your local area. Look out for signage detailing restrictions and check your local council’s website for details of any restricted areas.
Dogs and livestock
Dogs should not be allowed to ‘worry’ livestock. This means owners must prevent dogs from attacking livestock, chasing livestock, or being out of control off lead in a field containing sheep. Even if your dog does not bite livestock, chasing or barking at them can cause pregnant animals to lose their young through stress.
Under the Countryside and Rights of Way Act 2000, on 'access land', dogs must be kept on a lead that's no more than two metres long at all times around livestock. The maximum fine for a dog owner is up to £1,000. Farmers can also shoot dogs they believe are worrying livestock on their land.
Animal identification
Microchipping
All dogs must be microchipped, and the owner’s details must be registered on one of the authorised databases. Breeders risk breaking the law if they do not register their puppies by the time they are eight weeks old.
Having a collar and a tag
All pet dogs must wear a collar with the owner’s name and address on it when in a public place. Even if your dog is microchipped, they still need to wear a collar or tag. Owners can be fined up to £2,000 if they fail to comply.
Illegal breeds of dog
Some types of dog are illegal to own, breed, sell, abandon or give away. The four banned types are:
- pit bull terrier
- Japanese tosa
- dogo Argentino
- fila Braziliero
These four types are defined by what they look like, not by the dog’s breed, the dog’s parents’ breeds, DNA testing or behaviour. Owners who have been told their dog is one of these types can apply to the court for an exemption order.
This means that dogs that look illegal can undergo a behavioural assessment which, if they pass, proves they are no danger to society. If a dog fails this test, they will be euthanised.
Dogs who pass the exemption process must be muzzled and kept on a lead in public at all times. Owners must also take out third party liability insurance for their pets.
Breeding dogs
Anyone breeding three or more litters in a 12 month period and selling one or more of the puppies, must be licensed by the local council in England. In both England and Wales, it's illegal to sell a puppy under the age of eight weeks. Anyone who is an unlicensed breeder can be given a prison sentence of up to six months and a large fine.
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