Dogs and puppies

Dogs and puppies

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The law on buying a dog

When you buy a dog or a puppy, it must be:

  • of satisfactory quality;
  • fit for its purpose;
  • as described.

In addition, any person buying a dog or a puppy has the right of an implied guarantee that the seller can sell the dog or puppy. This means that, although this guarantee may not be in writing, the seller still promises that nobody else has any right to prevent the sale.

You can find out more about your rights in the section Introduction to your legal rights.

In England, it is illegal for any person to sell a dog or puppy as a pet in the course of a business or to breed them, unless the person has a licence. It's also illegal to sell a puppy if it is not at least 8 weeks old. If the puppy is younger than 6 months old, it may only be sold by its breeder and the breeder must be the same named individual that appears on the licence. This is aimed at eliminating third-party rogue sales of young puppies. If the seller is the breeder, they should be able to show the puppy with the puppy's mother.

In Wales and Northern Ireland, the law requires breeders to retain ownership and possession of the puppy on the premises where it was bred until the puppy is at least 8 weeks. Any sale before then is illegal.

In Scotland, it is illegal to sell a puppy younger than 8 weeks old, other than to the keeper of a licensed pet shop or licensed Scottish rearing establishment.

Identification of dogs and puppies

Owners must make sure their dog wears a collar with an identification tag that includes the owners' name, address and telephone number as required by the Control of Dogs Order 1992 and, in Northern Ireland, the Dogs (Northern Ireland) Order 1983.

Most dogs in the UK are legally required to be microchipped at 8 weeks (or older if not yet microchipped). It is also a legal requirement that when a microchipped dog is sold, the new owner's details must be recorded on the microchip. More information is on GOV.UK.

Dangerous dogs

The Dangerous Dogs Act 1991 and the Dangerous Dogs (Northern Ireland) Order 1991 make it a criminal offence to own, sell, gift or breed certain types of dogs that are considered to be dangerous (unless they're registered on the Index of Exempted Dogs). The following kinds of dog have been outlawed:

  • pit bull terrier
  • Japanese tosa
  • dogo Argentino
  • fila Brasileiro

In the UK, dangerous dogs are classified by type, not by breed. This means that whether a dog is banned depends on its physical characteristics and whether they match the description of a banned type of dog. The courts are responsible for assessing the physical characteristics of the dog and can decide whether the dog should either be destroyed or placed in the Index of Exempted Dogs.

It's also an offence to be the owner of any dog that is dangerously out of control in a public place or in a private place where the dog isn't allowed to be (e.g. a neighbour's house or garden). This rule applies to all dogs, not just dangerous ones.

Caring for dogs

Before buying a dog or puppy as a pet, you must keep in mind that you're taking on a long-term responsibility. The Animal Welfare Act 2006 in England and Wales, Animal Health and Welfare (Scotland) Act 2006 and Welfare of Animals Act (Northern Ireland) 2011 set out the legal duties of the owner of a dog or puppy.

Under this legislation, the owner has legal obligations to:

  • provide it with a suitable environment and diet;
  • enable it to exhibit normal behavioural patterns;
  • give it the appropriate level of companionship (including whether it needs to live with or apart from other animals); and
  • protect it from pain, suffering injury and disease.

Codes of practice have been published in England and Wales, Scotland and Northern Ireland, all aimed at helping you comply with your legal duties of care. Although non-compliance with the codes is not an offence in itself, they are taken into account when deciding if you've broken the law.

Most sellers therefore want to emphasise the need to care for the animal. To address this, the seller often puts a term in the contract of sale that asks the buyer to promise that they'll look after the animal. Unfortunately, this kind of term is very difficult to enforce and means very little in practice.

If you suspect that a dog or puppy is being mistreated, contact the following organisations:

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