If you live in Cape Town and keep animals on your property, you may be surprised to learn that there are clear legal limits on how many animals you are allowed to keep, and that these limits depend on the type of property you live on. Many residents only become aware of the City of Cape Town’s Animal Keeping By-Law once a complaint has been lodged or an official arrives at their gate. Understanding your rights and your obligations, before that happens, can save you significant stress, legal consequences, and even the risk of losing a beloved pet. This article explains what the law allows, when permits are required, and how to stay on the right side of municipal enforcement.
The keeping of animals within the City of Cape Town is regulated by the City of Cape Town Animal Keeping By-Law, which was promulgated in 2021 in the Western Cape Government Gazette 21787/2021.
In terms of section 156(2) of the Constitution of the Republic of South Africa, 1996, municipalities are empowered to make and administer by-laws relating to matters within their competence. As a result, the regulation of animals within municipal boundaries falls squarely within the City of Cape Town’s constitutional mandate.
The Animal Keeping By-Law is therefore lawful, enforceable, and binding on all residents within the City’s jurisdiction.
What Is the Purpose of the Animal Keeping By-Law?
The purpose of the By-Law is to regulate the keeping of animals in a manner that balances the rights and interests of both residents and animals. In particular, the By-Law seeks to:
• control the number and kinds of animals that may be kept on properties;
• regulate the conditions under which animals are kept, sheltered, and cared for;
• prevent nuisances, health risks, damage, or disease arising from the keeping of animals.
Understanding these provisions is essential for any pet owner living in Cape Town.
Types of Residential Properties Explained
Before determining how many animals you may lawfully keep, it is important to understand how the By-Law categorises residential properties:
• Dwelling unit
A self-contained group of rooms, with not more than one kitchen, used as living accommodation for one family or up to five transient guests. This does not include domestic staff quarters, tourist accommodation, or hotel accommodation.
• Dwelling house
A building containing only one dwelling unit, together with outbuildings ordinarily used with the dwelling house, including domestic staff quarters.
• Large dwelling house
A dwelling house situated on an erf measuring more than 600 square metres.
These distinctions are important, as the number of animals permitted depends on the type of property.
How Many Dogs May You Keep?
In terms of section 4 of the By-Law, and unless the City has made a specific determination otherwise, the following limits apply to dogs over the age of six months:
• Dwelling unit: No more than two dogs
• Dwelling house: No more than three dogs
• Large dwelling house: No more than four dogs
• Agricultural property: No more than six dogs
• Any other premises: No more than three dogs
How Many Cats May You Keep?
In terms of section 6 of the By-Law, the following limits apply to cats over the age of six months:
• Any premises: No more than four cats
• Agricultural property: No more than six cats
What If You Have More Dogs or Cats Than Allowed?
If you wish to keep more dogs or cats than the prescribed number for your property type, the law does not automatically prohibit this. Instead, you are required to apply for a permit from the City.
In terms of section 5 of the By-Law, any person who wants to keep a greater number of dogs or cats than permitted must apply to the City of Cape Town for approval.
Which Animals May Not Be Kept on Residential Property?
The By-Law further places specific restrictions on certain animals being kept on residential premises.
In terms of section 29, no person may keep pigs or roosters on a residential property. It is important to note that in terms of Section 29(2)(c) of the Animal Keeping By-Law, no permit is required if you keep five or less chicken hens, provided there are no roosters.
In addition, no person may keep, breed, or operate the following on residential premises without a permit from the City:
• cattle, horses, mules, donkeys, or animals of a similar or larger size;
• goats, sheep, or animals of a similar or smaller size;
• poultry;
• more than five birds;
• rabbits;
• a kennel or cattery.
Do You Need a Permit for Each Dog or Cat?
Yes. In terms of section 26 of the By-Law, any person who keeps a dog or cat that is older than six months, must register each individual dog and/or cat they own and apply to the City for a permit, regardless of how many you own. This way the City can keep a register of the number of dogs and cats within the City.
Sterilisation Requirements
In terms of section 3 of the By-Law, all dogs and cats over the age of six months must be sterilised, unless the owner has obtained a permit from the City allowing otherwise.
Failure to comply with sterilisation requirements can constitute a contravention of the By-Law.
What Happens If You Do Not Comply?
Non-compliance with the By-Law can have serious consequences.
The City’s Law Enforcement officials may:
• issue a fine in terms of section 56 of the Criminal Procedure Act 51 of 1977;
• issue a compliance notice requiring you to remedy the contravention;
• impound your animal(s) if the contravention is not remedied;
• institute further legal action, which could lead to a fine and/or imprisonment for a period not exceeding two (2) years (or both), if found guilty on a charge under the Animal Keeping By-Law.
Unfortunately, animal impoundment does occur, and it is often deeply distressing for both the owners and the animals. Compliance with the By-Law is therefore strongly advised to avoid unnecessary legal consequences and the potential loss of a beloved pet.
Who Enforces the Animal Keeping By-Law?
A common misconception is that all animal related matters must be reported to the SPCA. This is not correct. The By-Law is enforced by the City’s Law Enforcement officials, not the SPCA. Any contraventions of the By-Law, including issues relating to the number of animals kept, permits, sterilisation requirements, or prohibited animals, must be reported to the City of Cape Town Law Enforcement by calling (021) 480 7700. The SPCA deals exclusively with matters of animal cruelty and serves as the official pound for the City of Cape Town in respect of stray animals. The SPCA has no jurisdiction to enforce municipal By-Laws.
Final Thoughts
Understanding both your rights and your responsibilities when keeping animals on residential property is key to avoiding unnecessary disputes and enforcement action. While the City of Cape Town is empowered to regulate the keeping of animals, the legal framework also recognises that there are circumstances where flexibility is appropriate. Mechanisms such as permit applications exist to lawfully accommodate animal keeping beyond the default limits, provided the relevant requirements are met.
If you are uncertain about your compliance, or if you require assistance with permit applications, objections, or enforcement-related disputes, it is wise to seek legal advice at an early stage. At Gishen McLeod Attorneys, our team has experience in advising on municipal and regulatory matters and can guide you through the process with clarity and confidence. You are welcome to contact us at info@gishenmcleod.co.za for assistance.
Disclaimer
This article is intended for general informational purposes only and does not constitute legal advice. The content reflects select sections of the law and municipal by-laws as at the date of publication and may not account for additional sections or laws, subsequent amendments, policy changes, or differing interpretations by enforcement authorities.
Municipal by-laws, including those regulating the keeping of animals, may vary between municipalities and are often applied with reference to the specific facts and circumstances of each case. Readers should not act or refrain from acting on the basis of this article without first obtaining professional legal advice tailored to their particular situation.
Neither the authors nor the firm accept any liability for reliance placed on the information contained herein.