Pets in Condominiums: Guide to Rights and Duties 2026

Living in a condominium with a pet is a right protected by law, but it requires a delicate balance between the owner's freedom and respect for the peace of other residents.

If you own a pet, or if you are an administrator dealing with complaints, here is the updated regulatory framework.

1. The Inalienable Right: the Regulations Cannot Ban Them

Since 2012, with the condominium law reform (Art. 1138 of the Italian Civil Code), a fundamental principle has been established:

This means that:

• Assembly regulations — cannot contain bans.
• Contractual regulations — even if signed unanimously or drafted by the developer, prevailing case law holds that the ban is null and void, since it limits a personal right to affection and to property.

2. Owners' Duties in Common Areas

The right to have a dog or cat does not exempt owners from respecting shared areas (stairs, lift, garden). Here are the 2026 rules:

• Leash and muzzle — in common areas, the dog must always be kept on a short leash (maximum 1.50 metres). A muzzle is not mandatory, but must be carried and used if necessary or on request, for instance in confined spaces such as a lift with other people.
• Hygiene — the owner has a legal duty to immediately remove waste and clean up any mess. Failure to clean up can constitute the offence of "defacing and soiling the property of others".
• Lift — access to the lift cannot be denied to pets, but it is good practice to give way to those who are afraid or allergic, waiting for the next trip.

3. Noise and Odours: the Limit of "Normal Tolerability"

This is where the most frequent conflicts arise. The law states that emissions (noise and odours) must not exceed normal tolerability.

• A barking dog — a dog that barks occasionally (e.g. when someone rings the doorbell) is considered "natural". However, if the barking is continuous, prolonged and occurs during rest hours, the owner risks a penalty for disturbing public peace.
• Unpleasant odours — poor hygiene on the balcony or inside the flat causing bad smells perceptible to neighbours can lead to legal warnings and, in serious cases, reports to the local health authority (ASL).

4. What Can the Condominium Do in Case of Problems?

If a pet represents a documented health hazard (certified allergies or aggressiveness) or if hygiene rules are systematically violated:

• Financial penalties — if provided for in the regulations, the administrator can impose fines of up to €200 (rising to €800 for repeat offences).
• Reporting to the authorities — in cases of mistreatment or poor hygiene, the assembly can request the intervention of the local veterinary services (ATS/ASL).

In summary: the 3 pillars of coexistence