HOUSE RULES FOR KEEPING PETS IN SOUTH AFRICA

Pet ownership has reached an all-time high, driven in part by trends such as millennials choosing pets over marriage and children and the well-documented physical and mental health benefits pets provide. However, living in a community with pets requires us to be considerate of our neighbours and to understand the local rules and regulations that govern pet ownership.

In addition to considering the legal aspects of pet ownership, and bearing in mind that your neighbours may not be pet-friendly, we’ll look at some rules and responsibilities around pet ownership.   

Different strokes for different pets

At the risk of stating the obvious, cats are different from dogs and vice versa, and you will be responsible for how they impact your neighbours. For example, if your dog barks incessantly when you’re not at home, they’d be within their rights to lay a complaint with the local authority, and depending on the local by-laws and if the problem is not resolved, you could end up with a fine or other legal consequences.  

Taking responsibility

Some pets, especially cats which are not kept indoors, are more difficult to contain, which makes it essential that we take responsibility for more than just their welfare, and might necessitate a conversation with your neighbours. Dog owners, especially, have the responsibility of ensuring their dogs are under control, whether on or off-leash, in or outside of the property. Plus, whether at home or out in public, taking a moment to clean up after your dog isn’t just a common courtesy - it’s the responsible way to keep the environment safe, clean and enjoyable for everyone.

Understanding the Animal Protection Act

In general, pet welfare is governed by the Animal Protection Act, in concert with the various bylaws that municipalities put in place for their communities. The Animal Protection Act of 1962 is the cornerstone of animal welfare in South Africa and regulates pet ownership. It forbids us from abandoning our pets, keeping them in unsanitary conditions, releasing them in ways that could put them at risk, and exposing them to physical abuse. It also requires pet owners to ensure that their pets’ basic needs are met, i.e. proper health and nutrition, ensuring adequate housing, socialising and exercising them regularly. If you suspect that your neighbours are not providing this basic care for their pets, you are within your rights to report this to the relevant authorities and may do so anonymously.  

Municipal by-laws

As we mentioned, the specific rules for pet and animal ownership can vary from one region to another.  For example, the rules governing pet ownership on the urban edge or rural villages, are likely to be very different from high-density, inner-city communities. These bylaws will stipulate how many cats or dogs you can have on your property and may require that you license, register and vaccinate your pets. For example, in the City of Cape Town, all cat and dog owners must register their pets which means that the municipality can collect accurate information on the domestic pet population which makes for better planning and budgeting for animal welfare as well as improving re-homing efforts.  

On the other hand in peri-urban areas, where there is wide open space, property owners may well be permitted to have chickens and a few cattle and/or horses. If owning a smallholding is your ultimate dream, before you sign on the dotted line, check with the local authority to find out what animals you can legally own or house, and what rules apply. 

What about exotic pets?

Reptiles, primates (monkeys, chimpanzees), or large animals like lions and tigers, which may pose unique challenges and risks in a residential setting, are classified as exotic. If you want to have one of these unique pets, you must apply for a permit from the relevant city council. This requirement is important for wildlife conservation and protection as well as for public health and safety. 

Housing your pet

In terms of the Animal Protection Act, if an owner does not provide adequate shelter, light, or ventilation and the animal is exposed to extreme conditions like heat, cold, sunlight, rain, dust, exhaust- or harmful fumes, this is defined as cruelty. This means that if your pet sleeps outside, you must provide adequate shelter: building an awning and/or putting a kennel in a corner under the roof will give your pet an extra layer of protection against rain, wind and the hot sun.

In addition, the Act explicitly prohibits you from tying your pet to a tree, door or post for any length of time because this could cause unnecessary suffering. So, if you have an energetic, boisterous dog that jumps on your visitors, rather fence off a portion of your property where they have enough space to run around while you and your guest's braai in another part of the garden.

How many pets should you have?

The Act also limits how many pets you can have, depending on the type of property you live in. If you exceed the maximum number of pets allowed, you'll need to get a permit. While the rules may vary from one region to another, here’s a general idea of what you might expect for dogs over six months old:

• Two dogs per sectional title unit, but depends on the rules of the complex.
• Three dogs in a freestanding house.
• Four dogs on a large plot (more than 600m²), with a house.
• Six dogs on an agricultural property.

For cats, the rules are usually:

• Four cats allowed on residential properties.
• Six cats allowed on agricultural properties.

Navigating pet ownership agreements

Before you rent or buy a house in a sectional title, take a moment to read through the lease agreement and/or the rules of the sectional title scheme.

The Sectional Title Schemes Management Act (8 of 2011) says that you need written permission from the body corporate if you want to keep a pet, reptile, or bird. The trustees must treat each request fairly and can’t deny permission without giving a valid reason. Most body corporates have established rules around pet ownership, and if you don't comply, they can withdraw their consent.

If you disagree with your body corporate or homeowners' association, a friendly chat over coffee can go a long way. But if that doesn’t work, you can reach out to the Community Schemes Ombud Service for help.

Word to the wise:  Even if your rental agreement says pets are allowed, it's still a good idea to get written consent from your landlord — just to be safe.

Why follow the rules?

If you don’t abide by the laws set out by local municipalities, you could be looking at a fine of up to R4,000, and in serious cases, you might even face up to 12 months in jail. Authorities can also press criminal charges and take your animals away if they’re living in bad conditions or you’re mistreating them. Plus, if you are found guilty of breaking the law you could be prevented from ever owning a pet again.  

A last word

We all love our pets, and most of us do our best to treat them well. But we can’t ignore the reality that some pets still face terrible treatment. As pet owners, it's important to follow the laws that protect our pets and make sure we’re being good neighbours at the same time. When we stick to these rules, we’re not just keeping our pets safe, but also making sure our communities stay happy and peaceful.

Before welcoming a furry friend into your home, take a moment to check your local bylaws and regulations. Knowing the rules helps you create a safe, loving space for your new pet, all while respecting the neighbourhood you live in.

Reach out to your local real estate agent who’ll be able to find your dream home for you and your future furry friends.