CURRENT LEGAL ARTICLES

  

 

Legal Implications of Owning an XL Bully Without a Certificate of Exemption: February 2025 Update 

Introduction 

Ireland has introduced stringent regulations concerning XL Bully dogs in response to increasing public safety concerns following several high-profile dog attacks. This legislation will have significant implications for dog owners, particularly as it moves through two distinct phases. With the deadline for applications fast approaching, XL Bully owners must understand their obligations under the new law. This article breaks down the changes, the process for obtaining an exemption certificate, and the legal consequences of non-compliance. 

Phase One: Restrictions Started on 1st October 2024 

As of 1st October 2024, several restrictions come into effect for owners of XL Bully dogs: 

• Importation Ban: Importing XL Bully dogs into Ireland will become illegal. 
• Breeding, Rehoming, and Reselling Ban: Owning or selling XL Bully dogs will be heavily regulated, and breeding and rehoming will be outright banned. 

From this point onwards, owners must begin taking the necessary steps to comply with the new regulations, which include neutering, microchipping, and licensing their dogs, in preparation for the complete ban scheduled for February 2025. 

Phase Two: Ownership Ban Starting from 1st February 2025 

As of 1st February 2025, XL Bully dogs will be classified under the Banned Breeds List (BBL), meaning they can only be legally owned if the owner has obtained a Certificate of Exemption. To qualify for this exemption, the following conditions must be met: 

• Licensing: The dog must be licensed. 
• Microchipping: The dog must be microchipped. 
• Neutering/Spaying: The dog must be neutered or spayed. 
• Compliance with Restricted Breed Guidelines: The dog must wear a muzzle and be kept on a leash in public. 
• Handling by a Competent Adult: The dog must be handled by someone over 16 who can demonstrate control over the dog. 

Applications for the Certificate of Exemption must be submitted to the local authority where the dog resides. Failure to apply for and receive the certificate may lead to legal consequences. 

Consequences of Non-Compliance 

Failure to comply with the new regulations carries severe penalties: 

• Fines: Owners could face fines of up to €2,500. 
• Imprisonment: Non-compliance could result in imprisonment for up to three months. 
• Seizure and Euthanasia: Dogs found in breach of the regulations may be seized and euthanised. 

Moreover, if an XL Bully dog is involved in a violent attack, the owner could face criminal liability, financial penalties, and potential civil claims for damages, including medical expenses incurred by victims. 

High Court Pauses XL Bully Ban: Owners Urged to Secure Exemption Certificates Amid Legal Uncertainty 

The recent High Court injunction has temporarily paused the implementation of the new regulation targeting XL Bully dogs, providing a brief reprieve to owners and animal welfare organisations. However, despite this temporary stay, it is widely anticipated that the ban will likely be enforced. This means that XL Bully owners should act promptly to secure their Certificate of Exemption to ensure compliance with the law once the legal challenges are resolved. 

The DSPCA CEO has urged owners who have applied but have not received their certificates to remain patient, as the temporary injunction allows additional time. Nevertheless, given the likelihood of the ban being upheld, obtaining the Certificate of Exemption sooner rather than later is the safest course to avoid potential legal complications or the risk of having your dog seized or euthanised. 

Animal welfare groups continue to advocate for a more balanced approach, but until the court reaches a final decision, responsible ownership and proactive compliance remain critical for XL Bully owners. 

Alternatives for XL Bully Owners 

For owners seeking alternatives to compliance with the new regulations, there are several options: 

• Rehoming or Exporting: XL Bully dogs may be rehomed or exported to countries where the breed is not banned. 
• Animal Shelters and Charities: Animal welfare organisations are working to find new homes for affected dogs. 
• Legal Challenges: As mentioned earlier, animal welfare organisations are pursuing legal challenges to halt or modify the ban, which may present an opportunity for change. 

These options aim to ensure the welfare of XL Bully dogs while addressing public safety concerns. 

Restricted Breeds in Ireland 

In addition to the XL Bully, several other breeds are classified as restricted under Irish law. These dogs are subject to additional control measures, though ownership is not entirely banned. Restricted breeds include: 

• American Pit Bull Terrier 
• Bull Mastiff 
• Doberman Pinscher 
• English Bull Terrier 
• German Shepherd (Alsatian) 
• Japanese Akita 
• Japanese Tosa 
• Rhodesian Ridgeback 
• Rottweiler 
• Staffordshire Bull Terrier 
• Bandog (a crossbreed known for guarding/fighting traits) 

Owners of restricted breeds must ensure their dogs: 

• Are muzzled in public. 
• Are on a strong leash (maximum 2 meters long) in public. 
• They are controlled by someone over 16 who can handle the dog. 
• Wear a collar with the owner’s details when outside. 

Failure to comply with these conditions could lead to fines or dog seizure. 

Key Legal Distinctions: Banned vs. Restricted Breeds 

Under Irish law, there are two main categories for controlling dangerous dogs: 

• Banned Breeds List (BBL): Breeds are prohibited unless an exemption is granted (e.g., XL Bully from February 2025). 
• Restricted Breeds List (RBL): Breeds can be owned but must adhere to strict control measures. 

All dog owners, regardless of breed, must ensure their pets are under “effectual control” as per the Animal Health and Welfare Act 2013. While the term is not legally defined, it generally means that the dog is under the owner’s control and does not pose a risk to the public. 

Pit Bull Confusion: Are They Banned or Restricted? 

There is often confusion regarding the status of “pit bulls” in Ireland. The term “pit bull” encompasses several breeds, some restricted. These include: 

1. American Bully 
2. American Pit Bull Terrier 
3. American Staffordshire Terrier 
4. Staffordshire Bull Terrier 

For more information on XL Bully identification standards, refer to the official document: XL Bully Identification Standard. 

Exceptions & Exemptions to the Ban 

Some working dogs are exempt from specific Control of Dogs Regulation provisions. These include dogs kept by: 

• Garda Síochána / Defence Forces 
• Dublin Port, Docks Board Harbour Police, Airport Police, and Fire Services 
• Central Fisheries Board or Regional Fisheries Board 
• Customs and Excise services of the Revenue Commissioners 
• Search and rescue teams 

However, there is no formal exemption for guide dogs, despite calls from Irish Guide Dogs for the Blind since 2019 to consider the impact on German Shepherd guide dogs. 

What XL Bully Owners Need to Do 

If you own an XL Bully, applying for a Certificate of Exemption is imperative. Failing to do so can result in serious legal consequences, including criminal charges, fines, and your dog’s seizure. 

Ensuring Responsible Ownership: Legal Implications of XL Bully Regulations and Recent Incidents 

The legal landscape surrounding XL Bully dogs is shifting rapidly, and owners must act quickly to comply with the new regulations. Recent tragic incidents highlight the importance of responsible dog ownership. These include a Limerick woman tragically killed by her own dogs (The Irish Sun). In this Cork attack, a Pitbull terrier was shot by armed Gardaí, a boy in Limerick was left with 30 stitches after a dog attack (The Irish Times), and a UK man was jailed for three years after his XL Bully dog killed his neighbour (Irish Independent). 

The introduction of the Control of Dogs (XL Bully) Regulations 2024 and related legislation seeks to protect the public while ensuring responsible dog ownership. It complements other vital laws such as the Microchipping of Dogs Regulation 2015, the Animal Health and Welfare Act 2013, and the Protection of Animals Acts 1911 and 1965. 

Need Help with Your Application? 

If you are an XL Bully owner and need help with your certificate application or have any questions regarding the new regulations, please do not hesitate to contact Green & Associates Solicitors at info@greensolicitors.ie or call 021 470 8570. This new law could have significant implications for dogs and their owners, and we are here to guide you through the process. 

For further information, visit our website at www.greensolicitors.ie.