In many Spanish residential complexes, dogs and cats are part of everyday life. But if an animal causes a permanent nuisance, clear legal rules apply. Two pieces of legislation are decisive: the Ley de Propiedad Horizontal (LPH), which regulates coexistence in owners’ associations, and the Ley de Bienestar Animal, the current Spanish animal welfare law. Both specify the extent to which animals may be kept – and when the community can take action.

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What the Ley de Propiedad Horizontal allows – and what it does not

Under Spanish law, every owner is free to use their flat as they wish. However, this freedom ends where it affects the peace and quiet or safety of neighbours. Article 7.2 LPH prohibits any activity that is considered disruptive, harmful to health or dangerous. This often includes situations involving pets.

Typical cases that lead to complaints

• Persistent or night-time barking

• Strong odours due to poor hygiene

• Littering in communal areas

• Animals running free that could cause fear or damage

• Aggressive behaviour towards neighbours or other pets

If these problems occur repeatedly, the community can take action.

How the community in Spain must proceed

The LPH prescribes a precise procedure:

1. Notice by the president or administrator
   First, the pet owner is informed and asked to find a solution.

2. Formal warning
   If the situation remains unchanged, a written request to desist is issued.

3. Decision by the owners’ meeting
   The community decides whether to take legal action.

4. Injunction before the court
   A judge can order measures to be taken, including temporary injunctions, damages or, in extreme cases, a temporary ban on keeping animals in the affected flat.

The role of the Spanish Animal Welfare Act

The Animal Welfare Act Ley 7/2023 obliges pet owners to treat their animals responsibly, which also protects the neighbourhood.

Key requirements:

• Dogs may be left alone for a maximum of 24 hours, other pets for a maximum of three days.

• Permanent keeping on balconies, terraces, storage rooms or vehicles is prohibited.

• Owners must prevent animals from causing nuisance, risk or damage.

• Any mess left in public or communal areas must be cleaned up immediately.

These rules have a direct impact on residential complexes – and can also be grounds for complaints in the event of violations.

Can a community completely ban pets?

No.
Spanish law does not allow a general ban on pets in private homes.

However, the community may:

• regulate access to certain areas,

• require dogs to be kept on a leash,

• define hygiene and behaviour rules,

• claim damages.

If walking a dog in the garden is not expressly prohibited, this does not automatically constitute a violation. Nevertheless, safety and consideration take precedence.

When is dog barking considered a disturbance of the peace?

In Spain in particular, where many residential complexes are densely built-up, barking can quickly lead to conflicts. It is considered a reportable disturbance if:

• it occurs regularly and over long periods of time,

• it disturbs quiet hours,

• several residents are affected,

• the volume is significantly above the usual level.

In this case, the conditions for an ‘actividad molesta’ within the meaning of the LPH are considered to be met.

Conclusion from Spain Press

Pets are allowed in Spanish residential complexes – but there are clear rules.
Anyone who keeps a dog or cat has a responsibility towards the animal and their neighbours. The LPH protects communal living, while the Ley de Bienestar Animal ensures the welfare of the animal and prevents abuse.

If complaints arise repeatedly, the community has a clear legal recourse.