Most buildings in Spain are A property made up of a community of nearby residents. All these owners must comply with a set of rules and obligations regulated by the Horizontal Property Act (LPH). However, within this community of men and women, boys and girls, young and old, Pet animals passing through shared spaces, such as dogs. Their presence often causes some kind of suspicion and discomfort due to noise and dirt.
Starting from the basics that the education of the animal is the responsibility of the owner, the truth is: Neighbors may complain. And what happens in such a situation? The truth is that the LPH does not contain precise regulations dealing with household pets, but communities can challenge section 7.2 of the law.
What does Article 7.2 of the LPH include?
Article 7, Paragraph 2 of the Heirloom Property Act states as follows: “Owners and occupiers of apartments or premises are not permitted to engage in any activity in the remainder of their apartment or premises that is prohibited by law, harmful to property, or in violation of the general provisions regarding nuisance, unhealthy, harmful, dangerous, or illegal activities.”.
In this sense, LPH is Reference to legislation. It should be noted that each community can make its own laws. And it doesn’t deal with things in general. This leaves room for question, as community rules against allowing unmuzzled dogs in common spaces may not be in place or safe.
However, some of these activities that LPH emphasizes as nuisance or dangerous include: Excessive noise, presence of animals that pose a danger to neighbors, dirt and odors. Additionally, considerations set out in both the Government Act on Potentially Dangerous Dogs (PPP) and the Animal Welfare Act must be taken into account.
Animal Welfare Law and Potentially Dangerous Animals
Royal Decree 287/2002 of 22 March, developing Law 50/1999 of 23 December on the legal regime for the possession of potentially dangerous animals, provides: Animals that require special handling must be circulated in public areas on a 2 meter leash or chain and a muzzle appropriate to their breed.. Following this measure, these breeds will also have to comply with standards in the common spaces of neighboring communities, following an assessment of their potential danger by relevant authorities.
On the other hand, considering the following: The Animal Welfare Act requires animal owners not to make excessive noise from their pets. The purpose is not to disturb neighboring residents. Furthermore, they “must take necessary measures” prevent its possession or distribution from causing inconvenience, danger or threat; “Causing damage to people, other animals, or property,” which includes the use of leashes and muzzles.
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