Animals in Apartments: rules to follow
Many expats question what is the portuguese law about keeping animals in a Condo.
This website has a well and thorough explanation about the issue: https://vizinhos.blog/animais-em-apartamentos-regras-a-cumprir/
Here's a transcripton:
Animals in apartments: six essential questions
- How many animals can there be in the apartment ?
- What are the general conditions for having animals ?
- Can the condominium prohibit pets ?
- Can the landlord prohibit animals?
- The barking dog is relentless. What now ?
- The neighbor's animals are mistreated, what should I do ?
Having animals in an apartment is a right with duties. In addition to the conditions that must be met, it is necessary to know the existing limitations and possible prohibitions. Sometimes it is difficult to see which side is right. The questions gathered here help to clarify.
The resident on the first floor can't live without his dogs, the neighbor upstairs complains about their barking and the atmosphere between the two has already soured. This example, which is quite common, serves to show that the presence of pets in a condominium is not always a peaceful matter.
1. How many animals can there be in the apartment?
Article 3 of Decree-Law No. 314/2003 of 17 December stipulates that no more than three dogs or four cats may be kept per unit. The condominium regulations may stipulate a maximum number of animals per unit that is lower than this.
If you want to have more than four animals, you need authorization from the Municipality, based on the favorable opinions of the municipal veterinarian and the health delegate. In this case, it is possible to have up to six pets under the same roof.
These restrictions mainly target dogs and cats. In other words, there are no limits on the number of fish or birds, for example. With regard to these and other animals, common sense and knowledge of the legislation and special regulations in force prevail.
And, of course, it is the owner's responsibility to ensure that the animals have adequate health, hygiene and space.
2. What are the general conditions for having animals?
Anyone who has pets must ensure their well-being, without compromising the safety, health and tranquility of the building and neighborhood.
According to Decree-Law No. 276/2001, the owner of the animal has a “special duty” to care for it, which means “not compromising its welfare parameters”, but also the obligation to supervise it, to “prevent it from putting the life or physical integrity of other people and animals at risk”.
Picking up after your dog when walking, keeping animals in a healthy environment to avoid creating bad smells and other health problems, and respecting the fact that there are people who don't like animals (and therefore not adopting provocative or imposing attitudes) are reasonable principles.
3. Can the condominium prohibit pets?
The prohibition of pets in condominiums is only possible when it is provided for in internal regulations that form part of the title deed of incorporation of the horizontal property, as it is understood that everyone who acquires fractions in condominiums with these regulations is accepting the rules that are determined and are public.
Apart from these cases, which are rare, it is up to each owner to decide whether to have pets. The condominium regulations that are approved by the condominium assembly and prohibit the presence of animals in the units are only valid if this approval is unanimous and, even then, are only binding on current and not future condominium owners.
The absolute prohibition by the condominium is therefore not a peaceful issue; in fact, it is subject to various interpretations and legal arguments.
The condominium regulations – and not the condominium assembly – may prohibit pets in common areas, such as shared patios and gardens, as well as impose rules for cleaning after animals pass through, for them to be accompanied, as well as the use of a leash, harness or muzzle.
If there are animals in independent units, their passage through common areas connected to the outside (e.g. stairs, elevator, garage) cannot be prevented.
4. If the house is rented, can the landlord prohibit animals?
Yes, but there are situations that are not prohibited.
In the lease agreement, the landlord is free to make it clear that he does not want animals in his home. By signing the contract, the tenant is accepting the prohibitive clause, as well as others that the landlord sees fit to include in the document.
However, this clause may lose its validity when there is a need for an assistance animal, such as guide dogs. Provided there is a medical and legal justification, animals that have a positive therapeutic effect on the health of the tenant or someone living with them (for example, people with mental illnesses) cannot be prohibited.
It is also worth mentioning the record of cases in Portuguese courts in which this prohibition by landlords was invalidated, given the emotional relevance of the animal in a person's life.
animais em condominio
In condominiums, there are “pet lovers” and those who don’t like pets. On both sides, intolerance is often the trigger for conflicts. When neighbors disagree “like cats and dogs”, it is necessary to know how to interpret the law and, of course, use civility and common sense.
5. The barking dog is relentless. What now?
There are rules for noise, including noise caused by animals in apartments. In this context, the General Noise Regulation on Neighborhood Noise applies :
Between 11:00 p.m. and 7:00 a.m., the police authorities may order the “noisemaker” to take measures to “immediately cease the nuisance”. During the rest of the day, from 7:00 a.m. to 11:00 p.m., they may set a deadline for the excessive noise to cease.
When the “noisemaker” is a dog or other domestic animal (birds, for example), the responsibility obviously falls on the respective owner.
Before calling the police, it is best to make the owner aware of the need to change their animals' routines to reduce noise. If this approach does not work, it is recommended to take the matter to the condominium administration.
6. The neighbor's animals are mistreated, what should I do?
Reporting is the answer. Law No. 69/2014 criminalizes the mistreatment of companion animals. Depending on the severity of the situation, aggressors are subject to fines and imprisonment. To report a crime, you can use the following methods:
PSP Line 21POLICE
Tel: 21 765 4242)
email: defesanimal@psp.pt
GNR SOS Environment and Territory Line
Tel: 808 200 520
email: spna@gnr.pt or online report .
📍 U C Homes - AMI 24449
📧 ulisses.uchomes@gmail.com
📞 +351 919 128 664 (chamada rede móvel nacional)
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