Animal Welfare Law (Ley Bienestar Animal)

How does the new law affect those who have or are interested in having pets in Spain?

Firstly, it is noteworthy to mention that, since the national election, there hasn’t been an agreement about which political party will run the Government. Due to this on-going period of uncertainty, no new rules could be approved. This means that, although a Law has been created, some of its articles cannot be forced due to the lack of a bylaw to support it.

The Animal Welfare Law, or Law 7/2023, makes it compulsory to have a Public Liability policy for any dog you own, and for new pet owners to take part in a free informative course regarding the ownership of dogs (cat owners do not need to comply with the two points above). However, these two aforementioned points of the new legal text will be temporarily unexecuted, due to the lack of regulation or of a bylaw, as previously mentioned. It is important to note, that regarding dog liability insurance, you must comply with what is stated in the regional and local regulations, as some local and regional governments have already made it compulsory for all dog breeds to have liability insurance, such as Madrid and the Basque Country.

As many people may only be aware of the two previously mentioned articles when speaking about the Animal Welfare Law, we would like to inform you of the changes that will be made and in force from today:

1. Regarding the sale of animals, specifically dogs, cats and ferrets, animal shops have one year to comply with new conditions. This means that, from the 29th of September 2024, you will only be able to purchase dogs, cats and ferrets from registered breeders. However, all other pet animals such as rabbits, hamsters, guinea pigs, rodents, some birds and fish will still be sold in animal shops as they were before.
2. It is illegal to leave your animal tied up outside any establishment, even if it is to quickly do some shopping. Doing this can result in a fine of up to 10,000€. It is also illegal to leave your pet unattended in your vehicle, or to have your pets in thermal conditions that endanger the animal’s life.
3. For dogs, you cannot leave them in your house unattended for more than 24 consecutive hours. As for the rest of pets, they cannot be left unattended for longer than 3 consecutive days.
4. If your pet or wild animal in captivity disappears, you must communicate it to the authorities within 48 hours of the time the disappearance has been acknowledge.
5. Another important highlight is that it is illegal to have your pet confined permanently to the terrace, balcony, basement, patio or any similar area. You are also not permitted to use any tool or accessory that could cause your pet harm, such as shock collars.
6. Cats, on the other hand, as per article 26 of the Law 7/2023, will have to be neutered or sterilised before they are 6 months old, to avoid indiscriminate reproduction and possible subsequent abandonment, with the exception of cats who are registered as breeders.
7. The Animal Welfare Law states the obligation to identify cats, as well as dogs and ferrets, with a microchip, to guarantee their control and safety.

This new law represents a significant advance in the protection and well-being of our animal companions in Spain, although some would argue that it is not enough, and some would argue that it will spike the number of animal abandonments to avoid the responsibility. Whichever the case, complying with these provisions is not only our legal obligation, but also a sign of responsibility and commitment to the care and protection of our beloved pets.