Spain moves to redefine legal pets as draft law raises wider welfare concerns

Spain is currently in a phase of public consultation on a draft Royal Decree that would introduce so-called “positive list” companion animals. These lists would define which species could be legally kept as household pets. The Government stated that this measure was part of implementing Law 7/2023 regarding animal welfare. A final list of species allowed has not yet been published.

The draft doesn’t list a set of animals. Instead, it defines criteria for species to meet before they can be classified as domestic companions. These criteria include safety and environmental risks, as well as welfare requirements. This proposal has already generated controversy due to its scope of exclusions, and the legal implications attached to them.

Exclusion of animals from lawful breeding has legal consequences

One of the most important aspects of the draft is the way it reclassifies the animals that were not on the positive list. According to the proposal, all species that do not appear on the domestic animal or companion animals lists will be considered wild fauna in accordance with Law 42/2007.

The law would put excluded pets into the same category as wild animals such as meerkats and foxes, even though many were born in captivity. Critics claim that this uncertainty is created for animal owners who have obtained animals legally according to existing rules.

The draft report is a good starting point. Budgies are among the species that may be affectedGeckos are illegal, but so are certain snakes, tortoises or ornamental fish. These animals wouldn’t be illegal in and of themselves, but they would not appear on a list approved by the government. This would make them outside normal legal possession.

Debate about responsibility, enforcement and consistent

Conservation groups, pet owners and breeders have all been prompted to discuss the proposals. Conservation-focused organizations argue that stricter regulations are necessary to reduce environmental harm, especially when non-native species escape and establish populations which compete with native wildlife.

But many responsible exotic pets owners claim that policies are shaped by a small group of people rather than by the standards of care established by the vast majority of experienced pet owners. Many exotic pet owners point out that the cause of poor results is often irresponsible care rather than the species.

There is a debate also going on about the regulatory consistency. The impact of domestic cats on wildlife, especially birds and small mammal populations, is often discussed in conservation discussions. Yet, they are not restricted on roaming or ownership under Spanish law. This contrast often comes up in debates over how different animals are regulated.

Ownership rights, restrictions and ownership

In the proposal, there are transitional provisions for owners of animals who may be excluded. In such situations, animals may only be retained with the approval of regional authorities. Owners must prove previous possession of the animals before the law is implemented. Receipts, veterinary records, or official certificates can be used to do this.

Restrictions would apply even when the species is authorized. Breeding, selling, and transferring these animals would be banned, preventing the further circulation of species that are not on the final approved list.

Public controversy and political debate

The draft has caused debate among conservation groups and breeders as well as pet owners. Associations such as Asociación Fauna argue that the objective appears to be maximising exclusions through broad criteria they consider arbitrary, rather than assessing species individually based on scientific evidence.

In particular, the inclusion of weight thresholds and feeding behavior as regulatory criteria was contested. Criticism claims that these measures are inconsistent across animal groups. Reporting also highlights the unusual classifications that exist within the framework. This includes the possibility to register livestock species like cattle as companion animals in certain conditions.

Expert opinion on welfare, enforcement of responsibility and other issues

As an animal behaviourist and exotic veterinary nurse with a background in animal welfare, I believe that the current debate in Spain reveals deeper structural issues within animal welfare policy.

Since the introduction of new animal welfare lawsThere has been little improvement in the protection for domestic animals. There has been no significant change in the outcomes, notably when it comes to abandonment and animal welfare issues that have existed for a long time. The practical value of legislation is reduced if it does not lead to measurable improvements.

The abandonment of animals is a problem that persists, and it’s not limited to dogs or cats. This raises questions as to whether expanding the permitted species will address root causes. Addition of new categories will not solve the underlying problem if basic welfare standards are not met by existing companion animals. On the contrary, we may see an increase in illegal sales, breeding, and other activities, and a disregard for the welfare of animals.

Responsibility for all species is a must

It is important to not approach these issues through one professional lens. Collaboration between veterinarians and conservationists is essential for effective policy. Each brings important evidence to decision makers on animal ownership and the environmental impact.

Although I agree that animals with venom and/or medically significant risks profiles need stricter regulations, the majority of welfare outcomes are determined more by responsible ownership than just species. Neglect is frequently linked to ignorance about behavior, care requirements and long-term commitment.

The enforcement of laws prohibiting the illegal possession of wild animals should also be strengthened. It is important to make a clear distinction between animals who are confined in captivity and those that remain wild.

Ownership based on education

I believe that a better long-term solution is to require education or certification prior to acquiring any animals. This would cover all animals and be applicable to everyone. Animal behaviour, nutrition and other basic knowledge.Housing, enrichment and veterinary expenses.

This approach would apply to all animals, be they horses, ferrets, snakes or other. Instead of relying on restrictive lists, the goal would be to reduce welfare problems caused by misunderstandings.

The legal status of the case and the next steps

Draft proposals are still under consultation and not yet law. The feedback from veterinary professionals and conservation groups, as well as industry stakeholders and members of the public, is still being evaluated. And the final list may change before it’s approved.

Spain’s system, if implemented, would shift the focus from reactive restrictions towards pre-authorisations of pets via defined lists. The existing animal ownership laws will remain in full force until then.