Best Animal Law Lawyers in Aberdeen
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Find a Lawyer in AberdeenAbout Animal Law Law in Aberdeen, United Kingdom
Animal law in Aberdeen operates within the framework of Scots law, which differs in important ways from the law of England and Wales. It covers the welfare and protection of domestic pets, wildlife, farmed animals, and animals used in business activities such as breeding, selling, boarding, and exhibitions. Key areas include animal cruelty and neglect, licensing of animal-related businesses, dog control and public safety, wildlife conservation, farm animal health, and responsibilities of owners and keepers. Enforcement in Aberdeen is shared across Aberdeen City Council, Police Scotland, the Crown Office and Procurator Fiscal Service, and the Scottish SPCA, with courts in Scotland handling both criminal prosecutions and civil claims.
Why You May Need a Lawyer
You may need legal help if you are investigated or charged with an animal cruelty or neglect offence, or if your animals have been seized. Owners or keepers often seek advice after dog bite incidents, livestock worrying, or when they receive a Dog Control Notice. Pet-related disputes with landlords, neighbours, breeders, or rescue organisations are common, including claims about misrepresentation, contract terms, refunds, or veterinary negligence. Businesses such as dog breeders, pet sellers, animal boarders, riding establishments, and rehoming charities may need advice to obtain the correct licences, meet welfare standards, respond to enforcement action, or challenge licensing decisions. Wildlife and countryside issues can also require specialist help, for example if an activity risks disturbing protected species or if there is a suspected wildlife crime. If an animal causes damage or injury, a solicitor can advise on compensation, insurance coverage, time limits, and the Animals Scotland Act 1987 which can impose strict liability.
Local Laws Overview
Animal cruelty and welfare: The Animal Health and Welfare Scotland Act 2006 sets a general duty of care to ensure the needs of animals are met, including suitable environment, diet, ability to exhibit normal behaviour, housing with or apart from other animals as appropriate, and protection from pain, suffering, injury, and disease. The Animals and Wildlife Penalties, Protections and Powers Scotland Act 2020 strengthened penalties and introduced new powers, including up to 5 years imprisonment and an unlimited fine for the most serious cruelty offences, as well as lifelong disqualification orders.
Dog control and public safety: The Control of Dogs Scotland Act 2010 allows local authorities to issue Dog Control Notices where a dog is out of control and not being kept under control by the owner or person in charge. The Dangerous Dogs Act 1991 applies in Scotland and restricts certain types of dogs and offences for dangerously out of control dogs. Dog fouling is dealt with by the Dog Fouling Scotland Act 2003 which allows fixed penalty notices for failing to pick up dog mess. Persistent barking and other animal-related noise can be treated as a statutory nuisance under the Environmental Protection Act 1990.
Microchipping and identification: The Microchipping of Dogs Scotland Regulations 2016 require all dogs over 8 weeks old to be microchipped and registered with up-to-date keeper details. As of the latest guidance, microchipping of cats is encouraged but not yet compulsory in Scotland.
Livestock worrying: The Dogs Protection of Livestock Amendment Scotland Act 2021 significantly increased penalties and police powers. It is an offence for a dog to attack or worry livestock, including chasing, causing injury, or being at large in a field with sheep, cattle, or other specified livestock. Owners must keep dogs under close control near livestock.
Licensing of animal-related activities: Aberdeen City Council licenses certain activities under the Licensing of Activities Involving Animals Scotland Regulations 2021. Depending on the activity, this can include selling animals as pets, breeding dogs, providing boarding for cats or dogs including home boarding and day care, and animal rehoming. Licences carry conditions on welfare, record keeping, staffing, and premises. Separate legislation applies to some activities, such as riding establishments under the Riding Establishments Acts and dangerous wild animals under the Dangerous Wild Animals Act 1976. Scotland has a ban on the third-party sale of puppies and kittens, meaning they must generally be purchased directly from the breeder or adopted through a rehoming organisation.
Wildlife and conservation: The Wildlife and Countryside Act 1981, as amended by Scottish legislation including the Nature Conservation Scotland Act 2004 and the Wildlife and Natural Environment Scotland Act 2011, protects many species and their habitats. Offences can include disturbing nesting birds, trapping, poisoning, or destroying setts or holts of protected mammals. The Protection of Badgers Act 1992 and the Wild Mammals Protection Act 1996 provide additional protections. NatureScot issues licences for limited activities that would otherwise be offences, for example certain conservation work or activity near protected species.
Travel and trade in animals: Post-Brexit rules mean dogs, cats, and ferrets travelling from Great Britain to the EU or Northern Ireland need an animal health certificate and up-to-date rabies vaccination, with specific tapeworm treatment rules for some destinations. CITES rules may apply to trade in endangered species and products.
Local byelaws and council enforcement: Aberdeen City Council may have byelaws requiring dogs to be on leads in designated areas or excluding dogs from certain spaces such as children’s play parks. Enforcement officers can issue fixed penalties for certain offences. Always check local signage and the council’s current guidance before exercising dogs in public places.
Frequently Asked Questions
What should I do if my dog bites someone in Aberdeen?
Seek medical help for the injured person, exchange details, and report the incident to Police Scotland if there is significant injury or the situation is volatile. Inform your insurer promptly. You could face investigation under the Dangerous Dogs Act 1991 or a Dog Control Notice under the Control of Dogs Scotland Act 2010. A solicitor can help manage contact with authorities, assess potential criminal exposure, and handle any civil claim for damages. In Scotland, personal injury claims generally have a 3-year time limit from the date of injury.
My neighbour’s dog barks constantly. What are my options?
Keep a diary of the times and duration, try a polite discussion, and if it continues contact Aberdeen City Council environmental health. Persistent barking can be a statutory noise nuisance, leading to abatement notices and fines. If you suffer loss or distress, you may consider civil remedies, but legal advice is recommended before starting court action.
Do I need a licence to board dogs at home or run a dog day care in Aberdeen?
Yes, providing boarding for dogs or cats including home boarding and day care generally requires a licence from Aberdeen City Council under the 2021 Scottish licensing regulations. You must meet welfare standards, have appropriate insurance, and comply with inspection and record-keeping requirements. Operating without a licence is an offence and can invalidate insurance.
Is microchipping compulsory for pets in Scotland?
Microchipping is compulsory for dogs over 8 weeks old, and keeper details must be kept up to date on an approved database. As of the latest guidance, microchipping of cats is not yet mandatory in Scotland, though it is strongly recommended.
What is a Dog Control Notice and how do I challenge one?
A Dog Control Notice is issued by the local authority when a dog is found to be out of control and imposes conditions such as muzzling, leads, training, or neutering. Non-compliance is a criminal offence. If you believe the notice is unjustified or the conditions are disproportionate, seek legal advice promptly. You may be able to request a review or appeal to the sheriff court within strict time limits.
I was sold a sick puppy. Can I get my money back?
You may have rights under contract and consumer law, including potential remedies for misrepresentation or breach of implied terms about quality and fitness. Keep all records such as adverts, messages, vet reports, and receipts. In Scotland, the third-party sale of puppies and kittens is banned, so sales should be directly from the breeder or rehoming organisation. A solicitor can help you pursue a refund, compensation for vet bills, or report the seller to authorities.
Can my landlord ban pets in a private tenancy?
There is currently no general legal right to keep pets in private residential tenancies in Scotland. Whether pets are permitted depends on the tenancy agreement. Some landlords will consent with conditions, such as pet deposits or cleaning obligations. If you believe a refusal is unreasonable in the context of a disability and an assistance dog, the Equality Act 2010 may provide protection against discrimination. Get tailored advice for your situation.
What should I do if I suspect animal cruelty or neglect?
If an animal is in immediate danger call 999. For non-emergency concerns, you can report to the Scottish SPCA or Police Scotland. Provide dates, times, locations, photos or videos if safe and lawful to obtain, and any witness details. Do not trespass or put yourself at risk. A solicitor can advise if you are a keeper facing investigation or if your animals have been seized.
Are there special rules when walking dogs near livestock?
Yes. Under the Dogs Protection of Livestock Amendment Scotland Act 2021, it is an offence for a dog to worry livestock, which includes chasing or being at large in a field with sheep, cattle, or other specified animals. Keep dogs on a short lead or under close control near livestock and during the bird nesting season in relevant areas. Police Scotland can seize dogs and prosecute offences, and courts can impose significant penalties.
What wildlife laws might affect work on my property?
Many species and their nests, setts, or roosts are protected. For example, most birds’ nests are protected while in use, bats and their roosts are protected year-round, and badger setts are protected. Before tree works, building renovations, or pest control, consider a wildlife survey and whether a licence from NatureScot is required. Breaching wildlife law can result in criminal prosecution. Early legal advice helps plan lawful works and avoid enforcement action.
Additional Resources
Aberdeen City Council - Licensing, environmental health, and local byelaws related to animal activities and dog control.
Police Scotland - Reporting dangerous dogs, livestock worrying, and wildlife crime.
Scottish SPCA - Animal welfare investigations and advice on suspected cruelty or neglect.
Scottish Government - Policy and guidance on animal welfare, licensing regimes, and pet travel requirements.
NatureScot - Licensing and guidance for activities affecting protected species and sites.
Crown Office and Procurator Fiscal Service - Prosecution of animal welfare and wildlife offences.
Law Society of Scotland - Find a solicitor with experience in animal law, licensing, criminal defence, civil litigation, or regulatory work.
Citizens Advice Scotland - General guidance on consumer rights and housing issues involving pets.
Scottish Courts and Tribunals Service - Information on court processes for criminal cases and civil claims.
Veterinary professional bodies and insurers - Guidance on standards, complaints, and cover for liability or business activities.
Next Steps
Clarify your goal and urgency. Are you facing an investigation, needing a licence, disputing a sale, or seeking compensation. Write down key dates, events, and contacts, and gather documents such as vet records, photographs, correspondence, contracts, microchip registration, and insurance policies.
Check local requirements. Review Aberdeen City Council guidance on licensing, byelaws, and enforcement processes. If you received a notice or letter, note any deadlines immediately.
Preserve evidence and stay compliant. If there is an ongoing investigation, do not destroy or withhold records. Consider proactive steps such as enrolling in dog training, improving housing or enrichment for animals, or obtaining an independent veterinary report.
Speak to a solicitor early. Look for a Scotland-based lawyer experienced in animal welfare offences, licensing and regulatory work, or civil claims involving animals. Ask about likely outcomes, costs, and whether legal aid may be available through the Scottish Legal Aid Board depending on the matter and your circumstances.
Notify your insurer. Many home, pet, or business policies require prompt notification of incidents such as dog bites, property damage, or regulatory investigations. Insurers may appoint a solicitor and can fund your defence or a civil claim where cover applies.
Mind the time limits. Criminal cases should be reported without delay. In civil cases, personal injury claims are generally subject to a 3-year limit, and most other obligations prescribe after 5 years in Scotland. Do not wait to get advice.
Follow up and keep records. Keep a timeline, file all correspondence, and log phone calls. Good record keeping strengthens your position whether you are applying for a licence, responding to enforcement, or pursuing or defending a claim.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.