Pets in lifts, portals and shared gardens

Key rules

• Mess: You must clean up your pet's mess at once in any shared area and pay for any damage or cleaning it causes.
• Lead: Keep your dog on a short lead, close to you, in lifts and portals.
• Registered statutes: A pet ban in registered statutes can bind tenants as well as owners.
• Assistance dogs: Assistance dogs cannot be excluded from shared areas or pools.

The short version

In a Spanish apartment building, your community's own rules and the local customs decide how your pet behaves in shared areas. You are responsible for any mess or nuisance your pet causes. Ask for a copy of the community rules before you sign or move in.

Lifts and portals

No national rule says you must carry your dog in the lift. The custom is simple:

• Keep your dog on a short lead, close to you.
• Let nervous neighbours go first, whether you are getting into the lift or passing through the portal (the building's entrance hall).
• Keep your dog under control at all times. National law requires this in public spaces, and your town or community may set stricter rules on leads.

Mess: it is your job

You must clean up your pet's excrement at once, in the lift, the portal and every other shared area. Do the same for any accident. If your pet damages something or makes extra cleaning necessary, you pay for it.

If you do not, the community can:

1. Warn you through the president or the administrator.
2. Report you to the town hall, which can fine you. Fine amounts vary by town.
3. Start a legal procedure to make the nuisance stop, if it keeps happening.

Gardens, pools and play areas

Communities often restrict pets in shared gardens. Typical rules are to keep the dog on a lead and to clean up after it.

Pool areas are stricter. Community rules often ban pets there, and regional health rules generally forbid animals in the pool enclosure and the water. Assistance dogs are the exception. Town rules may also keep dogs out of children's play areas. Check the rules for your region, your town and your building.

Can the community ban pets?

It depends on the building's statutes, the written rules of the community.

• A pet ban in statutes that are registered in the Land Registry and were accepted by the owners is often upheld by courts. If you rent, a registered ban also binds you.
• A ban passed only by a vote at a residents' meeting is generally not enforceable against an owner who did not agree to it. It also cannot be applied backwards to pets already living there.
• Assistance dogs cannot be excluded.
• Whatever the statutes say, a community can act against a pet that is noisy, unhealthy or dangerous.

Courts are not consistent on blanket bans, and the result depends on the exact wording and the court. For a specific building, ask a lawyer.

Before you move in

Ask the landlord, seller or administrator for the statutes and house rules. Look for anything on pets, pools, gardens and leads. The checklist below covers day-to-day habits that keep relations with neighbours good.

Pet owner checklist for living well with neighbours

Habits that keep your pet from causing complaints

• Exercise your pet and give it something to do before you leave it alone.

• Train your dog gradually to be alone, starting with short absences and a calm, comfortable place to rest.

• Leave a food-dispensing toy, such as a Kong or snuffle mat, and some radio or white noise on when you go out.

• Check with a camera whether your dog barks when alone, and see a vet or qualified behaviourist if it keeps happening.

• Pick up waste at once and clean up any accident in the lift, portal or garden.

• Keep your dog on a short lead, close to you, in the lift, portal and other shared areas.

• Keep the balcony clean and don't leave your pet out there for long.

• Clean the litter box or cage regularly to control smell.

• Keep vaccinations and the microchip registration up to date.

• Introduce yourself to neighbours early, and tell them if your dog is still learning to be alone.

What to watch out for

• Mess in shared areas lands on you: You are responsible for cleaning your pet's mess at once in the lift, portal and other shared areas. If you don't, the president or administrator can warn you, the town can fine you, and you pay for any damage or cleaning it caused. Carry bags, clean up straight away and tell the administrator if an accident happens so it does not become a complaint.

• Repeated nuisance can end up in court: If your pet keeps disturbing neighbours or dirtying shared areas, the community can start a court procedure to make it stop. Act on the first warning from the president or administrator and fix the problem early.

• Registered statutes can ban pets: If the community statutes are registered and include a pet ban, it can be enforced, including on tenants. A ban passed only at a meeting is generally not enforceable against an owner without unanimity. Ask for a copy of the statutes before you rent or buy, and get legal advice if you are unsure.

• Pools and play areas are often off limits: Animals are generally not allowed in the pool enclosure or water, and some towns bar dogs from children's play areas. Assistance dogs are the exception for pools. Read the house rules and local ordinance before taking your dog to shared leisure areas.

Frequently asked questions

Can my community ban pets completely?

A blanket pet ban is usually only enforceable if it is written into the community statutes registered in the Land Registry and you accepted it. A ban voted at an ordinary owners' meeting generally cannot be forced on an owner without unanimity, and it cannot be applied to pets you already had. Assistance dogs can never be excluded.

Does a registered ban also apply if I rent my flat?

Yes, registered statutes also bind tenants, so a registered pet ban applies to a rented flat too. Check the statutes with the landlord or the community administrator before you bring a pet home.

Can my dog go in the community pool or garden?

Dogs are usually not allowed in the pool area, and regional health rules generally bar animals from the pool enclosure and the water, except assistance dogs. Shared gardens are often allowed with conditions such as a lead and clean-up, and some towns bar dogs from children's play areas. Read your house rules before you go.

What can the community do if my pet keeps causing trouble in shared areas?

The community can first warn you through the president or administrator, and the town can fine you. If it keeps happening, the community can start a court procedure to make the nuisance stop. You also pay for any damage or cleaning your pet caused.