Dogs; Applying for a Permit to Keep a Fighting Dog or a Certificate of No Objection

In Bavaria, regulations were enacted as early as 1992 to protect the public from attacks by particularly aggressive and dangerous dogs. Fighting dogs are classified into three categories under the Ordinance on Dogs with Increased Aggressiveness and Dangerousness.

For Category I dogs ( Pitbull, also known as American Pit Bull Terrier; Bandog; Staffordshire Bull Terrier; American Staffordshire Terrier; Tosa Inu; as well as all crossbreeds of these breeds with each other or with other dogs), a permit is required to own them.

Category II dogs (Alano, American Bulldog, Bullmastiff, Bull Terrier, Cane Corso, Dog Argentino, Dogue de Bordeaux, Fila Brasileiro, Mastiff, Mastin Español, Mastino Napoletano, Perro de Presa Canario (Dogo Canario), Perro de Presa Mallorquin, and Rottweiler) are not considered fighting dogs if, on a case-by-case basis, an expert opinion 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” on a case-by-case basis based on 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 October 12, 1994, and July 15, 2004.

Contact:

+(49) 09131 / 86 - 1749

+(49) 09131 / 86 - 1973

• In Bavaria, owning a Category I dog requires a special permit, which is granted only under extremely strict conditions. For example, the owner must demonstrate a legitimate interest. There must be no concerns regarding the owner’s reliability. Finally, there must be no threat to life, health, property, or possessions.

• For a Category II dog, an expert opinion must confirm that the animal does not exhibit increased aggression or dangerousness. 

Keeping a fighting dog without municipal permission is punishable by a fine of up to 10,000.00 EUR; breeding a fighting dog is punishable by a fine of up to 50,000 EUR.

Restrictions on free roaming (leash requirement) may be imposed in accordance with Art. 18(1) of the State Penal and Regulatory Act (LStVG) by ordinance of the respective competent municipality for fighting dogs and other large dogs, as well as pursuant to Article 18(2) LStVG by case-by-case order for dogs of all breeds, regardless of their size.

Furthermore, the competent municipality may issue additional case-by-case orders (muzzle requirements, locking devices, and warning signs on the property). Article 24(1) of the Municipal Code for the Free State of Bavaria permits municipalities to regulate the use of their property and public facilities (e.g., children’s playgrounds, green spaces, parks) through municipal ordinances. In this regard, such ordinances may also mandate that dogs be kept on a leash, regardless of the dog’s breed or size.

• Dog Expert Report (Category II Dogs)