Animal welfare law in Spain: all obligations & prohibitions

A new animal welfare law in Spain has been in force since 29.09.2023.

This law includes important obligations and prohibitions relating to pets (such as dogs and cats) and wild animals in captivity, which you as a pet owner should be aware of.

Failure to comply with these regulations can lead to considerable penalties (fines).

Crucial regulations apply to dog owners in particular (such as the obligation to take out liability insurance).

You will also find out what the rules are regarding pets’ access to restaurants, beaches, public transport and rooms.

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Animal welfare law in Spain: What is the purpose?

The aim of this law is to establish a basic legal regulation for the protection, guarantee of rights and welfare of companion animals and wild animals in captivity throughout Spanish territory. Art. 1, Ley 7/2023

The rights of animals are understood to be their right to good treatment, respect and protection, inherent and derived from their nature as sentient beings.

Fighting bulls, farm animals, specially bred animals, wild animals and animals used for specific activities (such as shepherd dogs, rescue dogs, police dogs and hunting dogs) are excluded from the scope of application of the Animal Welfare Act in Spain.

There are separate laws and regulations for some of these animals.

What are the general obligations?

All persons are obliged to treat animals in accordance with their quality as sentient beings.

In particular, keepers of domestic animals and wild animals in captivity must comply with the following obligations: Art. 24, Ley 7/2023

• to keep animals in dignified living conditions that ensure their welfare, rights and healthy development.

In the case of animals that, due to their characteristics and species, live permanently in cages, aquariums, terrariums and the like, they must have adequate space in terms of size and natural environment. The conditions for each species are laid down in a regulation.

• to treat the animal in such a way that it does not suffer, is not mistreated and is not frightened.

• to supervise animals appropriately and prevent them from escaping.

• not to leave animals unattended in closed vehicles exposed to heat or other conditions that may endanger their lives.

• keep the animal identified in accordance with the applicable regulations.

• report the loss or theft of the animal within a maximum period of 48 hours.

• provide the animal with the necessary care to ensure its health

• to use the services of a veterinary surgeon if the animal’s situation so requires

• co-operate with the authorities in order to enable the necessary identification of the animals and to notify the change of owner, loss or death of the animals.

The person responsible for an animal is also liable for any damage or harm caused to persons, other animals or objects, on public roads and places and in the natural environment, in accordance with the applicable legislation.

What are the special obligations for pet owners?

Owners or persons living with pets have a duty to protect them and, in particular, to comply with the following provisions: Art. 26, Ley 7/2023

• Integrate them into the family (if possible due to their species) and keep them in a good state of health and hygiene.

• to house animals appropriately outside the family unit, in spaces that are suitable for their size, protect them from the effects of the weather and have good hygienic and sanitary conditions.

• prevent their keeping or circulation from causing nuisance, danger, threats or damage to people, other animals or things.

• to prevent the uncontrolled reproduction of domestic animals.

Breeding may only be carried out by persons who are authorised to breed pets and who are registered as such in the relevant register.

• prevent animals from leaving their faeces and urine in places where other people usually pass by, such as facades, doors or entrances to facilities. In any case, these must be removed or cleaned with biodegradable products.

• carry out the veterinary checks and examinations required by the public authorities.

• pass the training in responsible pet ownership regulated for each species of pet.

• Microchip identification and surgical sterilisation of all cats before the age of six months, except those registered in the register of pet breeders.

• Notification of the competent authority and the owner of the removal of the carcass of an identified pet.

What are the general prohibitions?

The following behaviours concerning companion animals are strictly prohibited: Art. 25, Ley 7/2023

• mistreating and neglecting them or treating them in any way that may cause them suffering, physical or psychological harm or lead to their death.

• intentionally abandoning them in enclosed or open spaces, especially in the wild where they may cause further damage.

• letting animals loose or in a condition to cause damage in public or private places of public access.

• using devices, mechanisms or equipment designed to restrict or hinder their freedom of movement, unless prescribed by a veterinarian in the interest of their welfare.

• the use of animals in public performances or artistic, tourist or promotional activities that cause them distress, pain or suffering.

• the use of animals as a reward, prize money or means of advertising.

• subjecting them to work that is inappropriate or excessive in time or intensity in relation to the characteristics and state of health of the animals.

• using them in fights and instigating aggression towards other animals or people

• feeding them with viscera, carcasses and other offal from animals that have not passed the appropriate health checks, in accordance with the applicable sectoral legislation

What are the specific prohibitions?

The following activities involving domestic animals are expressly prohibited: Art. 27, Ley 7/2023

• their slaughter, except in duly justified cases

Euthanasia is only justified according to veterinary criteria and under veterinary supervision for the sole purpose of avoiding suffering due to irremediable causes that seriously affect the animal’s quality of life and must be authorised and certified as such by a licensed veterinarian.

• keeping them tied up or letting them run around in public areas without supervision.

Therefore you cannot leave your dog tied up outside a shop in Spain. It is now illegal.

• regularly keeping dogs and cats on terraces, balconies, roof terraces, storage rooms, basements, courtyards and the like or in vehicles.

• tethering animals to moving motor vehicles.

• the release or bringing into the wild of animals

• disposing of the carcasses of pets without checking their identification, where this is mandatory.

• leaving a pet unattended for more than three consecutive days; in the case of dogs, this period may not exceed 24 consecutive hours.

• the commercial breeding of pets by breeders who are not entered in the register of pet breeders.

• the commercialisation of dogs, cats and ferrets in pet shops, as well as their exhibition and display to the public for commercial purposes. Dogs, cats and ferrets may only be sold from registered breeders.

• to carry out any kind of mutilation or permanent body modification

• the use of any handling tool that may cause injury to the animal, in particular electric, impulse, punishment or choke collars, is prohibited.

• the marketing, donation or adoption of animals that have not been previously identified and registered in the name of the person giving them up in accordance with the identification methods in force under the applicable regulations.

• the use of domestic animals for human consumption.

What do I have to consider when keeping dogs?

Art. 30, Ley 7/2023

Dog owners must prove that they have completed a training course in dog keeping (ownership), which shall be valid indefinitely.

This training course will be free of charge and its content will be determined by regulation.

In addition, liability insurance must be taken out and maintained throughout the animal’s life for damage to third parties, including the persons responsible for the animal, for an amount sufficient to cover any resulting costs.

The amount of cover required will be determined by legal regulation.

For potentially dangerous dogs, the minimum liability insurance cover must be € 120,000.

Do pets have access to transport, restaurants and public areas?

In principle, public and private transport (bus, train, …) allow pets to be taken along.

And access to areas of accommodation establishments, restaurants, bars, etc. that are not intended for the preparation, storage or handling of food is permitted.

The condition is always that the animals do not pose a danger to people, other animals or objects and that the provisions of public health, hygiene and safety conditions are complied with.

If the animal is not permitted to enter or stay, this must be indicated by a sign visible from the outside.

Pets are allowed access to public buildings and premises, unless it is expressly prohibited, properly signposted and visible from the outside,

The access of pets to beaches and parks is determined by municipal ordinances.

If dogs are not allowed on beaches, this is always indicated by a special sign. The ban on dogs on beaches will tend to be stricter in the high season than in the low season, as there are fewer people there at this time and the risk of danger is therefore lower.

Municipalities usually determine places that are specifically reserved for the recreation of pets, especially dogs.

How should pets be kept outdoors?

For pets that must be kept outside, the owners or persons responsible for them must take the following measures:

• use spaces that are appropriate to the size and physiological needs of the animals and protect them from the effects of the weather.

• arrange the rooms in such a way that the animals are not exposed to direct sunlight, rain or extreme cold for long periods of time.

• ensure that the animals have access to food and water and are provided with appropriate sanitary and hygienic conditions.

What are the fines?

The offences provided for in the Spanish Animal Welfare Law are punished as follows, depending on their severity:

a) Minor offences with a warning or a fine of € 500 to € 10,000.

b) Serious offences with a fine of € 10,001 to € 50,000.

c) Very serious offences with a fine of € 50,001 to € 200,000.

Depending on the type of offence, the fine may be combined with one or more additional penalties, such as the withdrawal of the relevant licences or permits, closure of premises, a ban on carrying out activities involving animals, etc.

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