Are anti cat spikes legal?

Yes, cat spikes are legal, as long as:

The cat spikes are not put up with the intent to injure the cat
A weather-proof warning sign is clearly displayed next to the cat spikes
The cat spikes are fitted above a 6ft height

How do anti cat spikes work?

Cat spikes are plastic, blunt spikes that are put up on the top of fences. The spikes are designed to make it extremely difficult and uncomfortable for cats to walk along the top of a fence that has been fitted. This encourages the cat to avoid the spiked fence entirely.

Although cats can tread carefully on something that could potentially hurt them, they instinctively will not jump on top of that hazard. The concept behind cat spikes is that cats will not jump on top of the spikes. Therefore, the spikes need to be fitted and placed so that the cat is forced to jump on top of them to get past. The cat spikes also need to be fitted so that there are no gaps and spaces so an agile cat can avoid them.

Different types of cat fence spikes

All types of cat spikes are legal as long as they don’t harm the cat. Specially designed, humane, plastic, blunt cat spikes are the safest.

Although the law does not say that adding metal pigeon spikes or barbed wire to a fence is illegal, these type of cat spikes may become illegal if a pet cat is injured as a result.

DIY cat spikes in the form of nails, pins, carpet grippers and other sharp objects can also become illegal if they are fixed with intent to harm pet cats.

The RSPCA can prosecute if cat spikes are fitted to deliberately injure a pet cat. Creating unnecessary suffering to a cat is a criminal offence under the Animal Welfare Act 2006 and can result in up to six months in prison and/or a £20,000 fine.

Talk to your neighbors before putting up any form of cat spike

Ideally, talk to your neighbors before putting up cat spikes, and come to an agreement – especially if it is on a shared fence. They may be upset if you put spikes on your fences without having consulting them first.

Likewise, if you a neighbor has put cat spikes on a fence and you believe they are intentionally trying to harm your cat with cat spikes, inform a local RSPCA inspector and the local council.

Putting up cat spikes on a council owned property

It is crucial to talk to your local authority if you want to put up cat spikes on a council property. If a person was injured on the cat spikes for example, they would not want to be liable.

When fitting cat spikes you need to satisfy legislation by putting a sign up to warn people that the top of the fence has spikes. A reputable company selling humane cat spikes will also include a clear, water-proof warning sign for you to display.

Whilst some cat owners prefer to keep their pets indoors as house cats, the majority of felines are free to come and go as they wish, using a cat flap or similar. This is ideal for the cat itself and also for the owner, as they don’t have to worry about their cat being stuck indoors if they are out at work or away for the day.

However, if you’re not a cat lover or the neighbourhood felines have adopted your garden as a litter tray, you may be looking for a way to keep them away from your property.

Before you invest in a cat repellent to keep cats away from your garden, find all you need to know about cats and the law.

Know the specifics of the law on fence spikes

As frustrating as it may be to have your garden or outdoor space spoiled by unpleasant cat faeces, it’s important to remember that each and every cat is someone’s beloved pet and all cats – both domestic and feral – are protected by the 2006 Animal Welfare Act, meaning it is an offence to trap, harm or kill them. While we’re not suggesting you would go to such extremes, do exercise caution when you are dealing with other people’s pets and remember, they are just behaving in a way that is natural to them. You can do some extra research by checking out our guide on whether cat spikes are legal.

The law states that domestic cats are classified as property, so anyone who deliberately injures, harms or kills a cat can be charged under the 1971 Criminal Damage Act. The Act also specifies that collecting a cat and taking it somewhere else, such as away from your garden or street, is classified as theft, so it’s advisable not to do so.

Cats and The Right to Roam

In contrast to dogs, the law specifies that cats have the legal ‘right to roam’, meaning that they do not have to be controlled at all times when they are outside of your home or property.

This legality resulted from cats not being classified as livestock under the 1971 Animals Act, which recognised that cats are unlikely to attack other animals or humans if left unattended, plus they are unlikely to cause significant or serious damage should they escape from your home or garden. Should a cat escape and cause damage, the Act specifies that owner cannot be held responsible for this in the same way as a dog owner who allowed their dog to run out into the road.

Some cat owners take the ‘right to roam’ law to mean that they cannot be held responsible for their cat’s actions whilst they are out of their boundary, but any owner should ensure they take all reasonable measures to ensure your feline does not damage anyone’s property or cause injury to a third party, as specified by the Common Law Duty of Care.

While prosecutions are rare, should your property be subjected to prolonged or persistent damage caused by a cat, you are advised to seek legal advice if speaking to the owner is to no avail.

Change of Use Order

By law, an individual is only permitted to keep a certain number of cats in a domestic property, under ‘usual domestic norms’.

While there is no specified maximum number of cats you are permitted to keep, the deciding factors include:

Is there enough physical space for all the cats in the property?
Do you have enough time to care for them properly?
Can you support them all financially?
Does the number of animals affect your neighbours?
Are you permitted to keep pets at your property – single or multiple?

If you are perceived to be keeping an excessive number of cats in your home, or the local council has received any complaints, you may be required to apply for a Change of Use order for your domestic property under specified planning laws.

The 1990 Environmental Protection Order comes into play in instances where an excessive number of cats kept in a property causes a significant nuisance with regards to fouling or noise.

Cat Poo in Garden Law

While your local council is duty bound to act on complaints with regards to the behaviour of cats, they are not likely to do so unless the number of complaints is considerable.

If you are the only person in your street or neighbourhood who is complaining about the local cats fouling in your garden, damaging your property or causing excessive noise, you are likely to be advised to simply speak to the owner of the animal, or invest in humane deterrents such as sound activated repellent devices, jet sprays or natural repellents such as lavender, lemon balm, eucalyptus or pepper.

If you have tried these methods to no avail, contact your local councillor and mention Article 8 of the Human Rights Act. This piece of legislation specifies that you have the right to respect for your domestic and family life and you can suggest that this is being breached by a lack of intervention by the owner or authorities to prevent cats fouling or causing a nuisance.

If the response states that the owner is also covered by the legislation of Article 8, as their cat is regarded as their property and they have the legal right to enjoy it, alongside the cat’s own ‘right to roam’, you could, in turn, refer to Article 14 of the Human Rights Act, with regard to discrimination towards you and perceived favour towards the cat owner.

While we’re not suggesting this is a straightforward or speedy solution to the issue of cats fouling in your garden, it may encourage the council to contact the owner themselves, which may have more traction than your request alone.