Law 7/2023 on the protection of animal rights and welfare came into force on 29 September 2023. What obligations owners, breeders and shops already have, and which are waiting for implementing regulations.
Law 7/2023 of 28 March on the protection of animal rights and welfare came into force on Friday 29 September 2023, six months after its publication in the BOE. It is basic state legislation: it sets a common minimum for all of Spain that the autonomous communities can build on. It affects pet owners, anyone who breeds or sells animals, and those involved in training or protecting them.
What changes for pet owners
The law requires pets to be kept as part of the family wherever possible, to be identified, and to cause no nuisance or harm to others. Among other things, it bans leaving a dog unsupervised for more than 24 consecutive hours (three days for other pets), habitually keeping dogs and cats on terraces, balconies, flat roofs, storerooms, basements, patios or in vehicles, and using electric, impulse, punishment or choke collars. Cats must be microchipped and sterilised before six months, except breeding animals of a registered breeder.
For dogs, article 30 adds two obligations: a training course for anyone who wants to own one, free and of indefinite validity, and third-party liability insurance for the whole of the animal’s life. But the law itself leaves the content of the course and the amount of the insurance to a regulation, and the Ministry of Social Rights has said that neither obligation can effectively be applied until that regulation is approved, which had not happened by this date. It is worth checking regional and local rules, because some autonomous communities and town councils already required insurance for dogs.
Breeders and shops
Commercial breeding may only be carried out by those entered in the Register of Pet Breeders, and animals may only be sold, given away or offered for adoption if they have been identified and registered beforehand in the name of the person transferring them. Dogs, cats and ferrets may only be sold by registered breeders, and their sale in pet shops is banned.
Shops that sell these animals today have 12 months from the law’s entry into force, that is, until 29 September 2024, to end that activity. Registration of breeders, animal protection organisations and animal behaviour professionals in the Central Animal Protection Register will not be compulsory until twelve months after its regulation is approved, which the government was due to issue within six months. Those who train dogs or modify their behaviour will have 24 months, from the regulation, to obtain the required qualifications.
Penalties and what to review
Infringements are classed as minor, serious or very serious. Fines range from €500 to €10,000 for minor ones (or a warning), €10,001 to €50,000 for serious ones and €50,001 to €200,000 for very serious ones. Minor infringements are those that breach an obligation without causing harm or behavioural change in the animal; according to legal analysis, lacking insurance, once it is enforceable, would be a minor infringement.
Pet owners should check that the animal is identified and registered in their name, that cats are sterilised on time and that the home meets the housing conditions. It is also worth checking what the home insurance policy currently covers if the animal causes damage. Breeders, shops and trainers should put the adaptation timetable in their diary now. Ask your adviser how to apply it to your case.
The law already applies, but part of its small print is still waiting for a regulation.
This article is general information. It is not legal, tax or investment advice, and it does not take anyone’s particular circumstances into account.
