The Court of First Instance No. 2 of Vigo recently upheld a clause in a building’s bylaws that prohibited all animals throughout an entire property. While this remains a specific case rather than a general rule, it illustrates precisely why community bylaws should always be reviewed prior to signing a deposit agreement.
In Benalmádena, a considerable proportion of properties for sale are located within residential buildings and developments featuring shared facilities, such as swimming pools, gardens, and lifts. Within these communities, owners live alongside dogs and cats, as well as birds, turtles, hamsters, and fish. The same questions arise repeatedly: can the homeowners’ association prohibit pets in private units? Can it restrict access to lifts or swimming pools? What happens when a pet causes a nuisance? The Spanish Horizontal Property Act (Ley de Propiedad Horizontal) addresses nearly all of these matters, and the definitive answers are to be found across three key documents.
The General Rule: No Statutory Ban
The Horizontal Property Act does not establish a blanket prohibition on keeping companion animals in private dwellings. Furthermore, a homeowners’ association cannot introduce such a ban by simple majority vote if doing so requires amending the community bylaws or the founding title (título constitutivo). Article 17.6 of the Act generally demands absolute unanimity for such modifications.
However, this rule should not be misinterpreted. Unanimity is required to alter the bylaws themselves, not for every agreement concerning animals. Rules governing community life and the use of common areas are passed by simple majority, granting the general assembly reasonable discretion. Property managers nonetheless issue a word of caution: a general ban that appears solely in internal house rules without being formalised in the bylaws remains vulnerable to legal challenge.
Consequently, in the vast majority of communities, keeping a pet in your home does not require prior permission from anyone.
The Exception: What the Bylaws Expressly State
A prohibition is legally valid when explicitly set out in the community bylaws.
The Court of First Instance No. 2 of Vigo deemed such a prohibition lawful in a ruling published in April 2026. The clause originally originated in 2010 as an internal house rule approved unanimously, was incorporated into the formal bylaws in 2011—again by unanimous vote—and was subsequently ratified by the owners’ assembly in 2023. The clause prohibited all animals with the sole exception of guide dogs. The court dismissed the property owner’s lawsuit and ordered them to pay costs.
This ruling should, nevertheless, be viewed in context: it is a judgment from a court of first instance rather than the Supreme Court. It does not establish binding precedent, does not bind any other homeowners’ association, and there is no indication that it is final. What it does demonstrate, however, is that a pre-existing bylaw prohibition approved unanimously can withstand judicial scrutiny despite the enactment of the Animal Welfare Act.
What the Assembly May Decide: Use of Common Areas
The homeowners’ association is entitled to establish rules for the use of communal areas and, within statutory limits, regulate pet access to shared spaces such as gardens or swimming pools.
There is, however, a clear constraint: any restriction that effectively prevents an owner from entering or leaving their property with their animal would be exceedingly difficult to uphold legally.
Nuisances Versus the Mere Presence of an Animal
A homeowners’ association does not require specific bylaws to take action against a continuously barking dog or a parrot screeching at dawn. Action may be taken under Article 7.2 of the Horizontal Property Act, which addresses activities that are annoying, unhealthy, harmful, dangerous, or unlawful.
The procedure operates as follows: the president formally requests that the individual responsible cease the offending behaviour. If the nuisance persists, the assembly may authorise legal action (acción de cesación) before the courts. A judgment may order the definitive cessation of the activity, award financial compensation, and, in severe cases, deprive the offender of the right to use the property for up to three years. Where the occupier is a tenant, the court may additionally order the termination of the lease and immediate eviction.
Third-Party Liability Insurance
Article 30.3 of Law 7/2023 on Animal Welfare imposes an obligation to hold third-party liability insurance for dogs, with the required coverage amount to be determined by administrative regulations. According to the Directorate-General for Insurance, this requirement is not enforceable until the relevant regulations are formally enacted, unless regional or local legislation specifies otherwise. As of October 2026, no such national regulation has been approved.
For dogs classified as potentially dangerous, the obligation is already in force. In Andalusia, this is governed by Decree 42/2008, which mandates insurance coverage of at least €175,000 per incident as a prerequisite for obtaining a license. A third regulatory tier exists at the municipal level: it is essential to review the local municipal ordinances where the property is situated, as some local councils impose additional requirements.
Article 30.3 applies exclusively to dogs. No equivalent statutory obligation exists at national level for cats, birds, or turtles, although owners remain strictly liable for any damage caused by any animal in their care.
In our view, whether or not a statutory obligation applies, taking out liability insurance remains a sensible precaution when living in a residential complex with communal facilities.
Essential Checks Before Buying if You Own a Pet
If you are purchasing a property within a building or residential development, ensure you request and review the following three documents before signing the preliminary deposit agreement (contrato de arras):
- Community Bylaws: to verify whether they contain any prohibitions or limitations regarding animals.
- Current Internal House Rules: to check how they regulate access to lifts, gardens, and swimming pools.
- Recent Minutes of Assembly Meetings: to identify any active disputes or pending proposals concerning pets.
These are the same documents we recommend inspecting in [The Homeowners’ Association Before Buying](URL pending publication). For pet owners, they are particularly decisive in determining which properties suit your lifestyle.
If you are looking to purchase a property in Benalmádena and live with a pet, please inform us prior to scheduling any viewings. We will help you determine which buildings meet your criteria and which should be excluded. We will thoroughly review the bylaws, internal house rules, and meeting minutes before you pay a deposit, ensuring that any incompatibility with your lifestyle is identified on paper rather than on moving day. Contact us on +34 661 41 01 38.
