Dog owners in England and Wales can now apply to withdraw their XL Bully Certificate of Exemption if they believe their dog is not an XL Bully type, the Department for Environment, Food and Rural Affairs (Defra) has announced.
The move follows a petition calling for a 'pathway' for reassessment and de-exemption, which claimed that dogs' welfare is 'unfairly compromised by lifelong restrictions' due to their classification as XL Bullies.
Background to the ban
In February 2024, it became illegal to own an XL Bully in England or Wales without an exemption, following a spate of high-profile attacks, some of which proved fatal. It is also an offence to sell an XL Bully, abandon one or let it stray, give one away, breed from one, or have one in public without a lead and muzzle.
For a time, people could apply for a certificate of exemption to keep an XL Bully, but now it can only be granted by court order. The Government website advises: "It's against the law to keep an XL Bully dog without a Certificate of Exemption. If you think you have an XL Bully dog and you have not applied for a Certificate of Exemption, you should contact your local police force."
Petition calls for change
A petition launched on the Government website in April claims that, in 2023, owners who were unsure of their dog's breed were advised to "'take a precautionary approach' & obtain a certificate of exemption 'to be safe'." It says many owners followed this advice and ended up with dogs classified as XL Bullies when they were not.
The petition has reached 12,541 signatures. Once a petition reaches 10,000 signatures, the Government must respond.
The full petition reads: "In October 2023, DEFRA and the Chief Veterinary Officer advised owners unsure of their dog’s breed type to “take a precautionary approach” & obtain a certificate of exemption “to be safe.” As ordinary owners are not trained breed assessors, thousands complied in good faith to avoid criminalisation.
"Many of these dogs may not meet the legal “type”, yet two years later there is still no pathway or reassessment to allow de-exemption. As a result, we believe dogs' welfare is unfairly compromised by lifelong restrictions imposed solely because their owners followed Government advice. The Secretary of State and DEFRA must now prioritise establishing a clear and fair de-exemption process."
Government response
Defra responded with a statement on October 13. It read: "Owners with a Certificate of Exemption for an XL Bully dog can now apply to withdraw it if they no longer believe it is an XL Bully.
"Defra recognises that some owners applied for Certificates of Exemption during the transition period as a precaution, particularly where they were unsure whether their dog met the XL Bully type standard. Defra understands that there are some dog owners who now believe that their dog is not an XL Bully type and that wish to withdraw their dog’s Certificate of Exemption.
"That is why Defra has launched a service for dog owners in England and Wales to apply to withdraw their dog if they are satisfied, having reviewed the XL Bully conformation standard, that it is not an XL Bully type. The application process is simple and can be done through a dedicated website on GOV.UK. Owners can also apply using a paper form if required.
"It is up to the owner or keeper to identify whether they think their dog may be in scope of the ban. Owners and keepers should refer to Defra guidance on how to check if a dog is an XL Bully, where Defra have provided photographic examples of XL Bully breed types.
"To be considered a type ‘known as the XL Bully’, a dog must meet the minimum height measurements set out in the guidance. If an owner thinks their dog meets the minimum height measurements and has a substantial amount of the physical characteristics set out in the guidance, the dog may be in scope of the ban. Defra recommends taking a cautious approach. If owners are unsure if your dog is a XL Bully, they should comply with the relevant requirements and restrictions and not withdraw the dog’s Certificate of Exemption.
"Police may carry out some checks and owners should be satisfied that their dog does not meet the standard before applying to withdraw a Certificate of Exemption. Withdrawing a Certificate of Exemption for a dog which is found to be an XL Bully is a criminal offence. The dog may be seized, and the owner will have to go through the courts to keep the dog."
How to tell if it is an XL Bully
Defra's advice on how to tell if you have an XL Bully includes the following characteristics:
- General impression: Large dog with a muscular body and blocky head, suggesting great strength and power for its size.
- Height: Adult male from 20in (51cm) at the withers; adult female from 19in (48cm) at the withers.
- Head: Heavy, large and broad; the length from the tip of the nose to a well-defined stop is equal to around one-third of the length from the tip of the nose to the back of the head; muzzle blocky or slightly squared; prominent cheek muscles; often having prominent wrinkles on face; nose is large with well opened nostrils.
- Teeth: Level or scissor bite.
- Neck: Heavy, muscular, slightly arched, tapering from the shoulders to the base of the skull; medium in length.
- Forequarters: Shoulder blades long, well-muscled and well laid back; front legs straight, strong and very muscular; elbows set close to the body.
- Body: Heavily-muscled; large, blocky body; broad, deep chest with well sprung ribs; topline level and straight; loin short and firm.
- Hindquarters: Strong, muscular and broad; thighs well developed; from behind, both pasterns are typically straight and parallel.
- Feet: Rounded, medium in size and in proportion to body; compact and well arched.
- Tail: Medium length and low set; tapers to a point to end at about the level of the hocks.
- Coat: Glossy, smooth, close, single.
Defra notes that descriptors such as 'medium in length' and 'long' will be assessed by Dog Legislation Officers relative to the conformation of the rest of the dog. Owners can access the most up to date information on the XL Bully ban by searching "Ban on XL Bully Dogs" on GOV.UK.
