Costa News Spain Breaking News | English News in Spain.
Even if you own your apartment, a SPANISH court upheld the ban on pets in the building.
It is important that expats who are moving to Spain and have a pet be cautious. They should check the rules of their community before purchasing or renting a pet.
The landlord may agree to allow a pet but the building regulations could still prevent it.
The decision comes from a case that took place in Vigo where an apartment owner challenged a ban that had been in place for many years after he acquired a dog.
He claimed that Spain’s Animal Welfare Law granted him the right of possession.
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The court adjudicated, and in the end rejected his claim.
Although the law protects pets, it doesn’t give their owners a right automatically to keep them on properties where they have been banned.
This distinction is important for expats. The right to protect animals does not mean that you can keep them in your apartment.
Judges noted the ban was unanimously adopted by residents over a decade earlier. The ban was included in the bylaws of the building and applied consistently to all neighbors, except for guide dogs.
The court found that the restriction was valid, enforceable and justified on this basis.
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This decision serves as a reminder that the majority of flats in Spain form part of a comunidad de propietariosOwners must adhere to rules outlined in the official bylaws.
The issues can be as simple as noise, the use of common areas, and in some cases whether pets are allowed to enter private homes.
Madrid and Barcelona, for example, are generally more relaxed in their attitude towards animals. A friendly attitude is not enough to override bylaws. These rules are final if they’re legally in place.
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