In Spain, there are more than 29 million pets, according to the National Association of Pet Food Manufacturers (ANFAAC) census study and Veterindustria 2021, which live in 4 out of 10 homes. In other words, 40% of families in our country often share a home with dogs, cats, and fish, but the study also includes small birds, reptiles, and other mammals.

The truth is that these creatures accompany us for a good part of our lives, to the point of thinking about them as another member of the family. By now, it would seem strange not to consider animals as ‘sentient beings’. However, until just a few days ago, this was the case in Spain, where the law considered animals as ‘real estate or things’. Fortunately, this has just changed.

Mascota

On 5 January 2022, the new animal protection law came into force, recognising animals as living beings endowed with sentience. This regulation, Law 17/2021, amends certain articles of the Civil Code, the Mortgage Act, and the Civil Procedure Act, and changes the legal status of animals in Spain, which are now considered as ‘sentient beings’.

Considering this, and as a way to help you understand the changes this new Law entails, Banco Sabadell summarises the regulation’s content below:

  • Pets are now ‘living beings endowed with sentience’, instead of ‘things’.
  • They are members of the family, and abandoning them is prohibited.
  • People who find a pet have the obligation to return it to their owner.
  • After a divorce, if there is no agreement between the couple, the judge will have the last word on custody.
  • It is prohibited for a pet to be left unsupervised for three consecutive days, in the case of dogs, 24 hours.
  • It is prohibited for pets to be permanently on terraces, balconies, patios, or similar.
  • The possibility of animals being seized in the event of having a mortgage or loan has been eliminated.
  • The sale of animals will only be permitted for breeders, and displaying animals in shop windows is forbidden.
  • It is proposed that it be mandatory to have Civil Liability insurance for pets.

In addition, it should be noted that home insurance may also take pets into account, as Civil Liability coverage includes companion animals.

It is also important to keep in mind the information regarding the mandatory issuance of a pet DNI (National Identity Card). This issue is linked to the draft bill of the Law for the Protection and Rights of Animals, which has been awaiting approval since 6 October 2021. This law intends to create a Registration System for Animal Protection (SERPA), so only then would an identification document for pets be created, but in no case would it be considered an identity document.

In short, through the new Law 17/2021, Spain is joining countries such as Germany, Portugal, Austria, and France in legally recognising pets as members of the family, which represents an important step forward in the defence of animal rights.