The Supervision Act
Being a dog owner comes with a great deal of responsibility. In addition to making sure your dog feels well and is properly cared for, there are legal requirements you must follow. The social obligations are set out in the Act on the Supervision of Dogs and Cats. Below is a brief summary of what this law entails.
The Act (2007:1150) on the Supervision of Dogs and Cats entered into force on 1 January 2008. The law states that dogs and cats must be kept under such supervision and be cared for in such a way that, taking their nature and other circumstances into account, prevents them from causing damage or significant nuisance. Dogs must be ID-marked, and all owners are required to register themselves as dog owners in the Swedish Board of Agriculture’s register (Jordbruksverket).
Deficient supervision or care
What counts as a “significant nuisance” can be hard to define. However, consider that dogs that bark persistently or chase cyclists and joggers may be regarded as disturbing. The assessment can vary from municipality to municipality, which makes it difficult to give an exact definition of a significant nuisance.
If someone neglects the supervision or care of a dog, the police authority may issue any orders and prohibitions necessary to prevent damage or significant nuisance. Such orders and prohibitions may be combined with a fine. The police can also decide that a dog is to be taken into custody.
The police authority may also prohibit a person from having charge of a dog if that person seriously neglects, or has previously neglected, the supervision of a dog. This ban may apply for a fixed period or indefinitely. A person who violates such a ban may be convicted of an offence and sentenced to a fine or imprisonment for up to one year.
Loose dogs
A loose dog found in an area where there are farm animals may be captured and—if that is not possible and it is necessary to prevent injury to the animals—killed by the person who owns or cares for the farm animals. The same applies if a dog is running loose in an area where there is wildlife. In that case, the hunting rights holder or a representative of that person, or the police authority, may take charge of the dog. If the dog cannot be taken into care, the police authority may put the dog down if this is justified in light of the circumstances.
The cost of taking charge of the dog must be paid by the dog’s owner or keeper.
Restrictions at certain times of the year
From 1 March through 20 August, dogs must be kept under such supervision that they are prevented from running loose in areas where there is wildlife.
During the rest of the year, they must be kept under such supervision that they are prevented from driving or pursuing wildlife—except when used for hunting. The government, or an authority appointed by the government, may issue regulations that deviate from the above. If necessary to protect wildlife, such regulations may require that a dog be kept on a leash.
The above does not automatically mean that the dog must be on a leash, but it must be under such control that it behaves as if it were leashed. In some areas, dogs must always be leashed, and in some places dogs are completely prohibited. It is, for example, common to require leashes in public parks and to ban dogs from playgrounds, cemeteries, and public bathing areas. Information about this can be found in your municipality’s regulations, which vary from one municipality to another. Since, as a dog owner, you are required to know which laws apply, it is advisable to contact the Environmental and Health Protection Office in the municipality where you live or stay, in order to get information on what applies in your particular municipality.
Any damage caused by a dog must be compensated by its owner or keeper.
Strict liability applies
The dog owner, or the person in charge of the dog, has “strict liability” and is always liable for damages, regardless of how the accident happened. However, you have the right to claim reimbursement from the person who actually and demonstrably caused the damage. Strict liability also applies, for example, if another loose dog comes into your garden—regardless of whether you have a fence, your dog is tied up, etc. If the other dog is injured, you as the owner are liable for damages—even though the other dog had no right to be on your property. This liability can, however, be adjusted, since the other dog owner also has strict liability and should therefore be regarded as a contributing party.
Check that your home or dog insurance also includes liability coverage. Otherwise, it can become very expensive if your dog causes damage.
