When your neighbour's dog barks all day, the law gives you tools to stop it: first a conversation with the owner, then the local police and your town's noise bylaw, and if nothing works, the community of owners can take the case to court with the cessation action in article 7.2 of the Spanish Horizontal Property Act. A single bark is no reason to complain; hours of barking or noise at night are.
It is an increasingly common dispute: around 7.5 million dogs live in Spanish homes, and in blocks of flats with thin walls an animal left alone that barks can make life miserable for the whole building. For anyone buying a home on the Costa del Sol, knowing how this process works also helps to assess a building before signing.
When does barking stop being normal?
The courts do not punish a dog for barking, but for doing so continuously and noticeably. What counts is duration, frequency, time of day and how disturbing it is. A dog that barks when the doorbell rings is part of community life; one that howls every afternoon for hours while its owner is at work, or keeps people awake in the small hours, enters the territory of nuisance activities.
That is why it pays to document the problem from day one: note dates and times, record videos or audio clips on your phone and ask other neighbours whether they are affected too. Without evidence, every later step loses strength.
What does the law say about dogs barking in a flat?
Several rules work together and are worth knowing before you make a move:
- Horizontal Property Act, article 7.2: it forbids the owner and the occupant of a flat from carrying out nuisance, unhealthy, harmful, dangerous or unlawful activities, and sets out how the community can demand that they stop.
- Animal Welfare Act 7/2023: it requires the person responsible for a dog to prevent it from causing a nuisance to others (article 26) and bans leaving a dog unsupervised for more than 24 hours in a row (article 27).
- Civil Code, article 1905: the keeper of an animal is liable for the harm it causes.
- Municipal noise bylaws: each town hall sets the maximum decibels that may reach a neighbouring home, by day and at night, and many expressly require pet owners to prevent disturbance.
- Constitution, article 18: case law accepts that serious and persistent noise inside your home can breach the right to privacy at home.
As a reference, the Madrid bylaw caps noise transmitted to a neighbouring home at 40 dB by day and 35 dB at night. In Andalusia the general framework is the Acoustic Quality Regulation (Decree 50/2025, in force since March 2025), which replaced the old Decree 6/2012, and each town develops it in its own bylaw.
How do you report a neighbour's barking dog step by step?
| Step | Who acts | What you can achieve |
|---|---|---|
| 1. Talk to the owner | You, in person or in writing | A quick, free solution; often the owner does not know the dog barks while they are out |
| 2. Call the local police | Local police | An official record of the noise and, if it is measured above the bylaw limit, a sanction procedure |
| 3. Notify the community president | The president, at any neighbour's request | A formal demand that the offender stop the nuisance |
| 4. Cessation action | The president, authorised by the owners' meeting | A lawsuit; the judge can order an immediate interim stop |
| 5. Judgment | Court | A permanent stop, compensation and up to 3 years without use of the flat; for a tenant, eviction |
First, talk to the owner
This is the step that solves most problems. Many owners are out all day and have no idea their dog starts barking as soon as they close the door. Do it calmly, without accusations, and offer facts: what time it happens and how long it lasts. If you want a record, a note or a polite burofax later serves as proof that you gave notice.
Then, the local police and the bylaw
If the noise continues, call the local police while it is happening, especially at night. Officers can write a report and, if the town hall takes a measurement and the decibels exceed the limits in its bylaw, the owner faces an administrative fine. In Malaga, Marbella or Fuengirola, as in every other town, the procedure and the fines depend on the local bylaw.
If that is not enough, the community of owners
The Horizontal Property Act puts the president at the centre. On their own initiative or at the request of any owner or occupant, they must demand that the offender stop the nuisance, warning that legal action will follow. If it continues, the owners' meeting, convened for that purpose, can authorise the president to file the cessation action, which goes through ordinary civil proceedings.
And as a last resort, the court
The lawsuit must include the formal demand and the certificate of the owners' meeting resolution. The judge can order an immediate interim stop to the noise. If the judgment favours the community, besides a permanent stop and compensation, it can deprive the owner of the use of their home for up to three years; if the person causing the nuisance is a tenant, it can terminate their rights to the flat and order their eviction. These are extreme measures reserved for serious, well-proven cases.
What if the dog is left home alone barking all day?
Constant barking is often a sign of separation anxiety, boredom or too few walks. Beyond the noise, the Animal Welfare Act forbids leaving a dog unsupervised for more than 24 hours in a row. If you suspect the animal spends days alone or neglected, you can alert the local police or the town hall's animal protection services: your rest is at stake, but so is the dog's welfare.
What should you check if you are buying a flat?
Neighbour noise is one of the most common complaints after a purchase and almost never appears in the listing. Before signing, it is worth:
- Visiting the property at different times, including in the evening and on weekdays.
- Asking for the latest minutes of the owners' meeting: open disputes and cessation actions show up there.
- Asking the property manager or the caretaker whether there are recurring complaints about noise or animals.
- Reviewing the community statutes, which may include rules on animals in common areas.
- Assessing the sound insulation: new builds must meet far stricter standards than buildings from 40 years ago.
In short: what should you do if the neighbour's dog will not stop barking?
Document the problem, talk to the owner and, if nothing changes, move up a step: local police, the community president and, only at the end, the court. The law protects your rest, but judges require the nuisance to be continuous and proven. If you are looking for a home on the Costa del Sol and want to know the building well before buying, at EVS Property we help you review minutes, statutes and the surroundings of each property.
FAQ
Can you report a neighbour because their dog barks?
You can report it to the local police if the noise exceeds the municipal bylaw limits, and the community can sue for a nuisance activity under article 7.2 of the Horizontal Property Act. The barking must be continuous and you must be able to prove it.
How many hours can a dog be left alone at home?
Animal Welfare Act 7/2023 bans leaving a dog unsupervised for more than 24 consecutive hours. Being allowed to leave it for a few hours does not release the owner from preventing its barking from disturbing the neighbours.
Can the community ban dogs in a flat?
The statutes can regulate how animals use the common areas, but a general ban on keeping pets inside a private home is highly questionable and courts usually reject it. What the community can pursue is the specific nuisance.
Can a tenant be evicted because of their dog's barking?
In serious cases, the judge can do so. If the offender is not the owner, the judgment in a cessation action can terminate their rights to the home and order their eviction, provided the community has followed the procedure in article 7.2.
What next? The most useful thing after reading is to look at the real market: browse properties by city or tell us on WhatsApp what you are looking for — area, budget, timing — and we will prepare a tailored selection, with no obligation.
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