New Pet Protection Law in Spain

Those of us who share our lives with a dog know they're not "pets" but part of our family. That's why we should be glad that, even if slowly, progress is finally being made on new laws recognizing the rights of animals living alongside humans — what some call "pets."

Let's look in detail at what this new law involves, what situations it covers, and how it aims to better protect companion animals. Also, how its progress is going and when it'll come into effect.

New Legal Status for Dogs

We talk about dogs since that's what this website is about, but really, we mean all pets. Pets, including dogs, cats, birds, and so on — meaning companion animals — have, until now, been legally considered "things," in other words, material property. As incredible as it sounds, that was the case.

Since the new animal protection law came into effect on January 5, 2022, pets' legal status has become that of "living beings endowed with sensitivity," so our dog goes from being material property to a living being with sensitivity and, on top of that, with certain rights. In other words, another family member.

Key Points of the New Animal Protection Law

Although this is a general law covering all animals, it mainly focuses on companion animals, commonly called pets. Let's look in detail at what the animal protection bill passed in Spain includes, and what these changes mean for our beloved dogs.

Euthanizing Healthy Pets Is Now Banned

As incredible as it sounds, in Spain it was possible to euthanize any pet with no reason at all. With the new animal protection law, it won't be possible to euthanize healthy pets, since it'll be absolutely banned. Euthanasia can only be performed by a vet, when our pet is sick or suffers from a condition causing incurable suffering.

A practical example is that a dog can no longer be euthanized simply because we don't like it, as some hunters do when their dogs lose their sense of smell or instinct. But it will be possible to request euthanasia for our dog if, for example, it suffers from an incurable illness causing pain, like terminal cancer.

Animal Abuse Is Now Banned

One of the most interesting points of this new animal protection law is that, from now on, animal abuse will be punishable with prison time. So, someone who abuses a dog resulting in its death could be sentenced to up to twenty-four months in prison. And up to eighteen months in prison if the abuse caused requires veterinary care.

This doesn't just include physical harm or abuse — it also applies to psychological abuse or any neglectful treatment that could cause them suffering or death.

Training Courses Required to Own a Dog

The animal protection law, driven by Ione Belarra of Unidas Podemos, also includes the requirement of completing a training course before owning a dog. This is an accredited training course to promote awareness and good practices.

This course will be completely mandatory to adopt/buy a dog, and its purpose is to thoroughly inform people about their future obligations, as well as raise awareness.

No More Pet Displays

Another good piece of news this law brings is that pets can no longer be displayed in pet stores, preventing their suffering this way. Only fish are excluded, since they'll still be displayed for sale.

Actually, displaying dogs and cats for sale purposes was already banned in Spain for some time, but not sufficiently penalized. Now, with the new animal protection law in effect, animals also can't be used for shows, like parades, for example.

The End of Potentially Dangerous Dogs

In Spain, there's a list of certain dog breeds classified as potentially dangerous, which includes, for example, the American Pit Bull Terrier. From now on, dogs will stop being stigmatized based on breed and will be assessed individually based on their behavior.

That said, the conditions for handling these breeds still remain, like using a muzzle in public spaces or the requirement to have liability insurance, among many others. This point of the law isn't fully clarified yet and will need to be detailed further.

Steeper Fines for Offenders

This new animal welfare and protection law also increases fines for those who break it, covering three types of violations:

• Minor violation: fines between €500 and €10,000
• Serious violation: fines between €10,001 and €50,000
• Very serious violation: fines between €50,001 and €200,000

Also, offenders can be barred from owning animals, preventing them from committing further violations of the law or abusing animals again.

Selling Pets Is Now Banned

Until now, anyone could sell dogs bred with no permit or oversight at all. Once this new law takes effect, only authorized breeders will be able to sell dogs. As for shelters and pounds, they can continue putting dogs up for adoption.

If we, as individuals, decide to give our dog to another family (for example, if our female dog got pregnant and had a litter, we can give away the puppies), it must always be done for free and under a contract specifying this.

Pet Protection in Divorces/Separations

Another point covered by the animal protection law is that pets, meaning dogs or cats, can't be seized or abandoned in case of their caretakers' separation or divorce. They can't be part of gender-based violence and can be included in wills.

Mutilation Is Now Banned

Although this practice was already penalized in Spain, it's now even more so, having been included in the animal protection law. The new law bans any type of mutilation or body modification, like cropping ears or docking tails, practices very common in certain breeds like the Doberman.

Excluded are mutilations necessary to maintain health or eliminate reproductive capacity, like sterilization.

Goodbye to Electric Collars for Dogs

The new law also explicitly bans any accessory that could harm animals, such as the well-known electric collars for dogs, used to modify their behavior or as a form of punishment. Similarly, spiked collars, often used on breeds like the Bulldog, are also banned.

Opinion on the New Animal Protection Law

Focusing on dogs, given this site's topic, it's worth noting that, in our opinion, this new national animal protection law is a step forward in terms of rights and respect toward what are considered pets.

We all get a knot in our stomach and our heart when we hear about cases of animal abuse, and with this new law, those who commit such cruelty can be punished more harshly. That said, we still find it a bit soft in terms of criminal penalties, but every journey starts somewhere.

In short, this law helps prevent animal abuse and indiscriminate breeding in Spain, among many other equally important things. We're glad to see we're finally making progress, and we hope this is just the first of many other laws protecting animal rights.

BOE Publication: Law 17/2021 of December 15, 2021