Spain is rapidly becoming a nation of pets, with more dogs and cats than children. Recent statistics reveal a striking ratio of nearly six pets for every child under four years old, leading to the inevitable question: what does the law say about pets residing in apartment buildings, especially when they cause disturbances?
The Pet Population in Spain
There are indeed a vast number of pets in Spain. Various sources, including the REIAC, report that as of 2023, there are approximately 9.2 million dogs and 1.2 million cats registered through microchipping. The figures from the feed manufacturers’ association, Anfaac, further illustrate the prevalence of pets, estimating over 20 million animals, including fish, birds, and reptiles.
What Happens When Pets Cause Discomfort?
With such a significant pet population, issues related to noise, dirt, and other disturbances are bound to arise, especially in shared living spaces like apartment buildings. This emerges as a major concern for residents in communities where owners may not manage their pets’ behaviors effectively.
The Horizontal Property Law (LPH)
The framework for resolving these issues primarily stems from Spain’s Horizontal Property Law (LPH). Although it doesn’t specifically address pets, Articles 7.2 and 9.1 provide essential guidelines regarding neighborly coexistence.
Key Provisions of the LPH
Article 7.2 of the LPH:
“Activities that are prohibited in the statuses or are harmful to the property, or that contravene general provisions on harmful activities, are not allowed.”
Article 9 of the LPH:
“Each owner must respect community facilities and use them appropriately, preventing damage.”
If a neighbor’s pet creates disturbances, the community president can request that the issue be resolved. Continued disturbances may escalate to legal action.
Balancing Rights and Responsibilities
The challenge lies in balancing the owner’s right to enjoy their home and the need for peaceful coexistence within the community. The Constitution protects the sanctity of private property, while community regulations often include rules about pet ownership.
Community Statutes and Pet Ownership
Internal statutes may not prohibit pet ownership entirely but can set limitations on pet activities in shared spaces like elevators, pools, or gardens. For instance, rules may mandate walking dogs on leashes within the building.
Responsibility for Animal Behavior
Importantly, if a pet causes damage or disturbance, the owner is liable. This is established under Article 1905 of the Civil Code, stating:
“The owner of an animal is responsible for the damage it causes, even if it escapes.”
Guidelines Under the Animal Welfare Law
The Animal Welfare Law outlines further responsibilities regarding pet care. For instance, pets cannot be left unattended for over 24 hours—except in the case of longer absences for certain pets, like fish or reptiles. Furthermore, it explicitly prohibits dogs and cats from living permanently on balconies or terraces, categorizing this as a serious infringement.
In conclusion, as Spain continues to embrace its pet-loving culture, understanding and abiding by these regulations will help maintain harmony in residential communities while allowing companions to comfortably coexist with their human neighbors.