It comes with going outside to check it out. Spain is increasingly a country of dogs and cats than of babies. Literally. about a year ago The World did the math and it turned out that there are 1.8 million children under four years old for 10.5 million pets, which leaves a ratio of almost six animals per infant. This is perceived in the economy, society, cities… and of course the neighborhood communities, where it is not strange that a question arises:
¿What the law says about pets living in apartment blocks? In case of discomfort, noise, dirt… What does the regulations provide?
Are there so many pets?
Yes. Although it is not easy to compile accurate statistics on pets, there are two sources that help us get a precise idea of the extent to which we have opened our homes to dogs, cats, reptiles, rodents, fish, birds and other fauna. The first is the REIACwhose census is based on microchipped pets. At least in 2023 it added 9.2 million dogs and 1.2 million cats.
If we base ourselves on Anfaac, the association of feed manufacturers, your latest data They speak of 6.9 million dogs, 4.9 million cats, five million fish, 3.2 birds, 740,000 reptiles and 548,000 small mammals, which raises the general count of pets above the 20 million of animals.
The big question, especially when we talk about pets of a certain size, that run around and must go outside several times a day, as is the case with dogs, is… What happens when they cause disturbances inside a building?
When it comes to communities of owners, the reference standard is the Horizontal Property Law (LPH), a law that does not address the issue directly, but does establish a valuable framework, especially in its articles 7.2 and 9.1, which recall the coexistence guidelines that neighbors must respect.
Article 7.2 of the LPH:
“The owner and occupant of the apartment or premises are not allowed to carry out activities in it or in the rest of the property that are prohibited in the statuses, that are harmful to the property or that contravene the general provisions on annoying, unhealthy, harmful, dangerous or illicit activities”.
Article 9 of the LPH:
“The obligations of each owner are: to respect the general facilities of the community and other common elements, whether they are for general or private use of any of the owners, whether or not they are included in their apartment or premises, making appropriate use of them and preventing damage or damage from being caused”.
The regulations themselves also remind us that, in the event that a neighbor is carrying out annoying activities (which in this case can be transferred to your pet), the community president should ask you to correct them. If that does not happen and the problem persists, the case may end up being taken to court.
Although the LPH is a key tool, other standards come into play in this case. The reason is simple. When we talk about pets and neighborhood communities, two different planes overlap. On the one hand, there is the right that everyone has to enjoy their home freely. On the other hand, there is the necessary coexistence between apartments and the shared enjoyment of community areas.
The first thing, the enjoyment of the home, is regulated the Constitutionwhich among other issues protects its “inviolability” and private property. Regarding the second, coexistence within the building, it is normal that it is regulated by the statuses of the community. And although this document cannot prohibit owners to have pets at home (a different thing is the tenants and what appears in their rental contracts), the internal rules of a block can establish certain limits when using collective spaces, such as elevators, gardens or swimming pools.
Therefore, it is advisable to consult what the statutes say about pets. For example, they may prohibit dogs from being walked off-leash in the building.
What there is no doubt about is that if the animal causes any damage, the owner is responsible. It is clearly established by the Civil Code in his article 1905in which he remembers who should assume the responsibility (and costs) if a dog, cat or other animal causes damage outside your home.
Article 1905 of the Civil Code:
“The owner of an animal, or the one who uses it, is responsible for the damage it causes, even if it escapes or is lost. This responsibility will only cease in the event that the damage came from force majeure or the fault of the person who suffered it.”.
The Animal Welfare Law also sets guidelines related to the care of pets at home, which in turn influences the conditions in which they must live, both in houses and in apartments within buildings.
For a start (article 27.i) No pet can be left unsupervised for more than three days in a row, a period that is reduced to 24 consecutive hours if we are talking about dogs. The rule also prohibits dogs and cats from living permanently on terraces or balconies, which is considered a “serious infringement”.
Image | Eri Gonzales (Unsplash)
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