Service content
Description of the
In Bavaria, regulations were introduced as early as 1992 to protect the public from attacks by particularly aggressive and dangerous dogs. Under the Ordinance on Dogs with Increased Aggressiveness and Dangerousness, fighting dogs are divided into three categories.
For Category I dogs (Pitbull, also American Pitbull Terrier, Bandog, Staffordshire Bull Terrier, American Staffordshire Terrier, Tosa Inu, as well as all crossbreeds of these breeds with one another or with other dogs), a licence is required to keep them.
Category II dogs (Alano, American Bulldog, Bullmastiff, Bull Terrier, Cane Corso, Dog Argentino, Dogue de Bordeaux, Fila Brasileiro, Mastiff, Mastin Espanol, Mastino Napoletano, Perro de Presa Canario (Dogo Canario), Perro de Presa Mallorquin and Rottweiler) are not considered fighting dogs if, in individual cases, an expert report demonstrates that the animal does not exhibit increased aggression or dangerousness. In this case, a so-called ‘negative certificate’ is issued.
In addition to this breed-specific classification, Section 1(3) of the Ordinance permits a dog to be classified as a ‘fighting dog’ in individual cases on the basis of its training aimed at increasing its aggressiveness or dangerousness.
The Bavarian regulations on fighting dogs were confirmed as constitutional by decisions of the Bavarian Constitutional Court dated 12 October 1994 and 15 July 2004.Prerequisites
- In Bavaria, keeping a Category I dog is subject to a special licence, which is only granted under extremely strict conditions. The owner must prove a justified interest. There must be no concerns about the owner's reliability. Finally, there must be no threat to life, health, property or possessions.
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In the case of a category II dog, it must be proven by expert opinion that the animal does not exhibit any increased aggression or dangerousness.
Required documents
Dog expert report (category II dogs)Legal basis
Legal remedy
Administrative court actionFurther links
Notes
The keeping of a fighting dog without a municipal licence can be punished with a fine of up to EUR 10,000.00 and the breeding of a fighting dog with a fine of up to EUR 50,000.00.
Restrictions on running around freely (obligation to be kept on a lead) can be issued in accordance with Art. 18 Para. 1 Landesstraf- und Verordnungsgesetz (LStVG) by ordinance of the competent municipality in general for fighting dogs and other large dogs and in accordance with Art. 18 Para. 2 LStVG by individual order for dogs of all breeds, regardless of their size.
The responsible municipality can also issue further individual regulations (muzzling, locking devices and warning signs on properties). Art. 24 Para. 1 of the Municipal Code for the Free State of Bavaria allows municipalities to regulate the use of their property and public facilities (e.g. children's playgrounds, green spaces, parks) by means of bylaws. In this respect, a leash requirement can also be ordered, regardless of the breed or size of the dog.