Animals in Residential Communities
Having pets in communities is common, but it's important to respect coexistence rules.
Horizontal Property Law: Regulations on Pets
The Horizontal Property Law (HPL) regulates interactions between owners in communities, without establishing specific limits on pets. It defines the rules of coexistence that must be respected in communities of property owners and how certain activities can be limited to ensure peaceful coexistence.
Animal Welfare Law and Its Impact on Communities
This law addresses aspects of coexistence with pets in homes and communities, such as avoiding annoying noises and ensuring animal welfare. It establishes restrictions such as prohibiting leaving a pet unsupervised for more than three consecutive days, among other regulations to maintain safety and welfare of animals and people.
Can Dogs Be Prohibited in a Community?
Although the community cannot prohibit pets in private homes, it can limit their use in common areas. The possibility of prohibiting or limiting the presence of dogs and other pets in common areas like gardens or pools depends on what the community's statutes establish.
Rules for Dog Owners
Regulations often address the use of the elevator, access to gardens, and liability for damages and cleanliness. Among the most common limitations approved by owner assemblies are the use of the elevator, access to areas such as the garden or pool, or prohibiting pets from being taken without a leash or muzzle.
Number of Pets Allowed
Local regulations may establish limits, although there is no fixed restriction at the national level. In some cases, municipalities can impose limits on the number of pets that can be kept at home, such as Madrid, which imposed a limit of five dogs or cats together in 2017.
Dealing with Barking and Noise
Noise problems can lead to claims for moral or patrimonial damages, with legal actions possible. Animal owners must avoid excessive noise generated by their pets that may disturb other residents, and take the necessary measures to prevent their ownership or circulation from causing annoyance, danger, threats, or damage to people, other animals, or things.
Norberto Moreau
Management Consultant (Allied Management Ltd)
with over 20 years of experience in this sector in Germany • Spain (Las Palmas, Denia) • Hong Kong
Broker CV RealEstate