There is currently no requirement in the UK to hold a licence for most common domestic pets, including cats. Although microchipping is to be mandatory from 10th June 2024. However, it is still important to understand the law as it relates to cats and their owners. The main argument for licences for cats is to protect the cats themselves, and to protect other people’s properties, land and other pets from harm. Despite the lack of licensing, all pet owners have a mandatory duty to protect their animals’ welfare and provide correct care. 

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What is an animal licence?

Although domestic cats and dogs do not require licences, there are some situations in which an animal licence is needed. Your local council can issue licences for people who own some types of exotic or wild animal, or domestic-wild hybrids. Licences are also required for dog breeding, pet shops and riding stables.

What laws cover pet cats?

Let’s have a look at the main laws which affect pet cats in the UK.

The Care of Cats

The main legislation which covers cat care in England and Wales is the Animal Welfare Act 2006. This act aims to both protect cats from harm, ensure their needs are met and provides a framework to punish those who breach welfare regulations. 

The Animal Welfare Act requires the pet owner to cater for the needs of individual cats. This includes providing a suitable diet, fresh water and a suitable living environment, and to protect them from, or provide treatment for, illness and injury. However, it also covers non-physical, but still essential needs, such as to provide an environment which allows the expression of normal behaviours, and to house the cat with or without other animals, depending on its needs. 

The UK Animal Welfare Acts also grants cats the legal status of protected animals. This protection also extends to stray and feral cats rather than just pets. UK law generally regards cats as personal property, so that harm done to them is legally similar to property damage. 

The Sale of Cats

The private sale of a cat is defined as a business contract. And therefore covered under the Sale of Goods Act 1979. Although no cat lover would ever describe a cat as ‘goods’(!); this basically means that any cat sold to a home should be considered healthy and suitable for domestic life. Both seller and buyer have some responsibility to ensure optimal welfare for the pet. 

Liability for damage

The classification of cats as protected animals, and the legal requirement for them to be allowed to perform natural behaviours can cause a disagreement in terms of liability. This can be quite a complex issue, but generally cat owners have a duty of care to protect others from injury or damage from their cat, and are expected to make reasonable steps to prevent this. This may include things like restricting access of a cat known to be aggressive to neighbouring felines. However, cat owners are not legally responsible for ‘normal’ cat behaviour, which may include contentious issues such as a cat defecating in a neighbour’s flowerbeds, or predating on small birds. 

Local authorities are authorised to investigate anything which may be classed as a ‘nuisance’ – activities which represent an unacceptable interference with the comfort of your home and surrounds. This tends to only apply to fairly extreme examples, such as when large numbers of cats are kept together in unsuitable circumstances, leading to problems with smell or noise. A nuisance would not cover the general day-to-day of cat life, including the noise of a cat fight, or the inconvenience of a cat toileting in your garden. 

The common law duty of care applies to animals such as dogs and livestock, requiring owners to keep these animals under control in public areas. However, this does not apply to cats: they are free to roam wherever they like. The Animals Act 1971 covers the question of animal trespass, but does not apply to cats – there is no legal mandate for cats to be caught trespassing!

Cat Theft and Injury

As cats are recognised as property, their theft would be classed as criminal under the Theft Act 1968. Cats are also protected by law under the Animal Welfare Act so that animal abuse cases can be prosecuted. In 2021, the maximum penalty for cruelty offences was raised from six months to five years and/or an unlimited fine. If a person injures an owned cat, they could also be penalised under the Criminal Damage Act 1971, as cats are considered under the same guidelines as property.

Should cats be licensed?

The nature of cats as a roaming, territorial species presents some difficulties in their care and the legalities of their status.

Those who are pro-licensing argue that cats should be more controlled, with restrictions on things like free-roaming, and the conditions in which cats are housed. This has some potential advantages for cat welfare, such as their protection from injury and potentially raising environmental living standards. It could also reduce those affected by ‘nuisance’ behaviours such as noise, fighting, predating on bird and rodent populations, and toileting outside of their home environment. Why should dog owners have to keep their pups under control, whereas cats can wander where they want?

The counter argument is that a cat’s welfare would be restricted by some of these proposals. Cats are highly territorial, and have an innate need to patrol and protect their areas. They are also carnivorous predators with a strong drive to be active, hunt and chase. They cannot be exercised like dogs, but physical activity is a strong welfare need for both health and wellbeing. Cats are much less likely to do damage than dogs or livestock, and are therefore allowed to free roam as they wish. There is also the question of whether licensing could actually be adequately enforced to make any difference to welfare standards. 

Do you think a licence should be required to own a cat?

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