Since it came into force Animal Welfare Act in SpainOne of the most common questions among dog owners is whether they can keep their pets on the terrace or balcony of their homes. What for many seemed like a simple habit of letting the animal outdoors is now being scrutinized by regulations and, in certain cases, is considered a serious offense.
Although the standard began to be applied in 2023However, there are still quite a few people who haven't fully grasped what is and isn't allowed. And this is where the key question arises: Is it legal to keep a dog on the terrace regularly? Or is it considered a form of mistreatment or disguised neglect? The answer lies in several articles of Law 7/2023 and its sanctions regime, which provides for significant fines.
What exactly does the Animal Welfare Law say about terraces and balconies?
State regulations, the Law 7/2023 on the protection of animal rights and welfareIt focuses on ensuring that pets live in adequate conditions of well-being, safety, and hygiene. Within this general framework, it pays particular attention to places where dogs and cats may regularly stay.
The law clearly states that it is It is forbidden to keep dogs or cats permanently on terraces, balconies, rooftops, patios, storage rooms, basements, similar spaces or vehiclesIn other words, these spaces cannot become the place where the animal lives continuously, isolated from the rest of the house or exposed to the elements.
This behavior is listed as a Serious offense within the sanctions regime. The article expressly mentions that habitually keeping animals in these types of locations, without adequate conditions, violates the basic welfare obligations assumed by anyone who lives with a dog or cat.
The philosophy behind the regulation is clear: terraces or balconies can be used as a passageway, play area, or occasional rest area, but they cannot be the dog's "fixed spot"The animal must have access to an indoor space where it is protected from the cold, extreme heat, rain and noise, and where it can interact with the people it lives with.
Is it completely forbidden for the dog to go out onto the terrace?
The law does not prevent the animal go out onto the terrace, balcony or patio occasionallyWhat is prohibited is allowing that space to become its permanent residence, without supervision and without adequate conditions. In other words, it's not the same as letting the dog out for a short walk as having it outside all day or all night.
In practice, the dog is allowed to use these spaces as long as the guardian guarantees constant access to fresh water, shade, shelter from rain and extreme temperaturesAnd, above all, that there is reasonable supervision. If the animal lives isolated on the terrace, surrounded by noise, without stimulation, and exposed to the sun or cold, the situation can be considered mistreatment or disguised neglect.
The state regulations reinforce what many autonomous communities already stipulated in their own laws. Regulations such as those in Andalusia, for example, already required providing adequate housing and protecting animals from the elements. national law reduces the margin of interpretation and leaves less room for excuses when cases of dogs living continuously on balconies or patios are detected.
Furthermore, the fact that a dog can "endure" being on the terrace does not imply that it is legal or advisable. The Animal Welfare Law emphasizes the responsible coexistencePets are not alarms or decorations, but beings with physical, emotional and social needs that must be met.
Time limit for a dog to be alone and unsupervised
Related to the use of terraces and balconies, another point arises that generates a lot of confusion: the maximum time a dog can remain unsupervisedThe law introduces specific limits that many owners are unaware of and that can result in penalties if exceeded.
The rule establishes, in general terms, that No pet can be left unsupervised for more than three consecutive days.However, in the case of dogs, the criterion is much stricter: for the canine species, that period It cannot exceed 24 consecutive hours.
This means that, legally, a dog He can't spend more than a whole day alone without anyone checking on its condition. It's not enough for it to have food and water; the concept of supervision implies attention, vigilance, and the ability to act if the animal is unwell, injures itself, or any other problem arises.
If, in addition to being alone, the dog remains confined to a terrace or balcony for extended periods, the situation worsens. The authorities may consider this to be a case of multiple violations. lack of supervision, inadequate living conditions and possible mistreatmentIn such cases, the risk of high penalties increases.
Fines for having your dog on the terrace or leaving it alone for too long
The Animal Welfare Act includes a tiered sanctions regime in three levels: minor, serious, and very serious offenses. Depending on the specific situation, the penalties can be considerably high.
minor offenses These offenses are punishable by fines ranging from €500 to €10.000. This group includes, for example, behaviors such as failing to report the loss of an animal or breaching certain regulations. registration obligations and identification.
serious offenses They include fines ranging from €10.001 to €50.000. This category includes situations such as... Animal abandonment, lack of proper identification, use of aggressive training methods, mutilation without veterinary justification, or keeping dogs and cats permanently on terraces, balconies, rooftops, patios, storage rooms, basements, similar spaces, or vehicles.
On the top step are the very serious violationswith financial penalties ranging from 50.001 to 200.000 euros. This level is reserved for particularly serious cases, such as mistreatment resulting in death, the use of animals for fighting, or the illegal breeding and trade of dogs, cats, and ferrets, for example, through shops when prohibited by law.
The specific amount of the fine is decided by assessing factors such as the damage caused to the animal, the duration of the situation, the repetition of the behavior, the collaboration of the person responsible, or the existence of evident sufferingKeeping a dog on the terrace day and night, exposed to intense heat or cold, usually falls under serious misconduct, but it can escalate if continuous abuse is proven, as in the operation against animal abuse in Cadiz.
Other key obligations of the Animal Welfare Act for dog owners
Beyond the issue of terraces and balconies, the law establishes a new general framework for the responsible pet ownershipIt mainly affects dogs, cats and ferrets, although it also introduces rules on feline colonies and wild animals in captivity.
Among the most talked-about changes is the future mandatory course to own a pet and the obligation to hire a liability insurance for dogs. Both requirements are provided for in the law, but still depend on definitive regulatory development that specifies their content and how they will be applied in practice.
The standard also regulates the Sale of dogs, cats and ferretsFrom its entry into force, these animals can only be sold directly from the registered breeder, without intermediaries, and always with a written purchase agreementFurthermore, the sale of animals that have not been properly identified is not permitted.
In parallel with state legislation, it should be noted that Autonomous communities and municipalities may establish additional rulesFor example, some municipalities set a limit on the number of animals that can be kept in a home without specific authorization, as is the case in Madrid with a limit of five dogs or cats. This doesn't directly affect the issue of terraces, but it does affect the overall obligations of the homeowner.
In any case, the idea underlying all the regulation is that Animals cease to be seen as mere objects and they become subjects of special protection, which forces a rethinking of many practices that were previously considered normal, such as leaving them for long hours on a balcony or using them only as a deterrent against theft.
With the current Animal Welfare Law in place, having a dog on the terrace is no longer a matter of custom, but of to comply or not with a series of legal obligationsThe regulations do not prohibit pets from going onto balconies, patios, or rooftops, but they do set clear limits: they cannot live there permanently, they cannot be left alone for more than 24 consecutive hours without supervision, and they must always have adequate living conditions. Those who ignore these rules risk fines that can easily exceed €10.000, in addition to potential charges for mistreatment or neglect, so it is advisable to review how you live with your animal to avoid problematic situations.
