A dog spending the entire day on a balcony. A cat permanently confined to a terrace. What some pet owners consider perfectly normal could amount to a breach of Spanish law. Under Spain’s Animal Welfare Act, keeping dogs and cats permanently on balconies, terraces or in courtyards is prohibited, with fines of up to €50,000 for serious offences. And neighbours who witness such situations have the right to report them.
Spain Expat Press Editorial Team
It is a familiar sight in residential areas across Spain. A dog barking for hours behind a balcony railing while its owners are out. A cat spending day and night on a rooftop terrace, apparently unable to enter the house. During the summer months, when temperatures in many parts of the country regularly exceed 35°C, such conditions can become particularly dangerous.
But the issue goes beyond the weather. Spanish legislation places clear restrictions on where and how pets may be kept, even within privately owned properties.
The rules are set out in Spain’s Animal Welfare Act, Law 7/2023, which came into force on 29 September 2023.
What exactly does Spanish law prohibit?
Article 27 expressly prohibits the habitual keeping of dogs and cats on terraces, balconies, rooftops, in storage rooms, basements, courtyards and similar spaces.
This does not mean that dogs are forbidden from relaxing on a terrace or that cats can no longer enjoy time on a balcony.
The distinction lies in whether the outdoor area has effectively become the animal’s regular living quarters.
A dog that voluntarily spends time in the garden and can return indoors is not automatically being kept illegally. The situation is different when an animal is routinely confined outside for extended periods, with little or no access to suitable indoor accommodation.
Importantly, the legislation does not specify a precise number of hours after which keeping an animal outdoors becomes unlawful. Each case must be assessed according to its circumstances.
Fines of up to €50,000
Spain’s animal welfare legislation provides for substantial financial penalties.
Under Article 74, permanently keeping dogs or cats on balconies, terraces, rooftops, in courtyards or similar areas constitutes a serious administrative offence.
Such offences carry fines ranging from €10,001 to €50,000.
However, the maximum penalty is not imposed automatically. The authorities must establish that an offence has occurred, and the amount depends on the circumstances and applicable legal criteria.
Additional concerns may arise when animals are left without sufficient drinking water, adequate shelter or protection from extreme temperatures.
What can neighbours do?
Anyone who regularly sees a dog or cat confined to a balcony or terrace for prolonged periods can report their concerns to the relevant authorities.
In Spain, reports can be made to the local police (Policía Local), municipal animal welfare services or SEPRONA, the environmental protection unit of the Guardia Civil.
Providing accurate information can make a significant difference. Details such as the address, dates, times and frequency of the animal’s confinement may help the authorities establish whether the situation requires investigation.
Photographs or videos obtained lawfully may also provide supporting evidence.
Reporting a suspected offence does not automatically result in a fine. The authorities are responsible for examining the circumstances and determining whether the law has been breached.
Where an animal appears to be in immediate danger, urgent assistance should be sought.
The rules also apply to private homes
Some homeowners assume that because a terrace, balcony or courtyard forms part of their private property, they are free to decide how their pets are housed.
Spanish law makes no such exception.
Animal welfare obligations apply to privately owned houses and apartments just as they do elsewhere. Even a spacious rooftop terrace does not necessarily provide suitable permanent accommodation for a dog or cat.
Owners remain responsible for ensuring their animals have appropriate living conditions, adequate care and protection from avoidable harm.
The legislation is intended to prevent animals from being routinely isolated in outdoor spaces that fail to meet their welfare needs.
A law many pet owners are still unaware of
Although the legislation has been in force for more than three years, some of its provisions remain unfamiliar to residents.
In coastal areas and urban developments, where apartments with balconies and terraces are particularly common, leaving pets outside while owners are at work may seem like a practical arrangement.
Yet what appears to be a convenient solution can become a legal issue when an outdoor space effectively serves as an animal’s permanent home.
The law draws a distinction between allowing pets to enjoy fresh air and routinely confining them to places that are unsuitable for their long-term accommodation.
For neighbours who repeatedly witness a dog or cat being kept outside for extended periods, there is a legal route to raise concerns. Reporting the situation allows the relevant authorities to investigate and, where necessary, take action.
Source: Spain’s Animal Welfare Act, Law 7/2023 of 28 March, particularly Articles 27, 74 and 76. Official State Gazette (Boletín Oficial del Estado, BOE).
