Provide a legal pathway to “de-exempt” XL Bully dogs exempted as a precaution

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.

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. Full information on how to apply to withdraw a dog’s Certificate of Exemption can be found on GOV.UK at https://www.gov.uk/guidance/apply-to-withdraw-a-certificate-of-exemption-for-a-dog. The withdrawal process fulfils a commitment made to owners when the XL Bully exemption scheme was introduced.

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. The guidance can be found by searching for “XL Bully conformation standard” on GOV.UK (https://www.gov.uk/government/publications/official-definition-of-an-xl-bully-dog/xl-bully-conformation-standard).

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.

Owners can access the most up to date information on the XL Bully ban by searching “Ban on XL Bully Dogs” on GOV.UK (https://www.gov.uk/guidance/ban-on-xl-bully-dogs).

Department for Environment, Food and Rural Affairs