Dogs in Italian Apartment Buildings: What the Rules Can Ban, What Changes if You Rent, and When Barking Becomes a Problem

The reform of apartment building law (Law 220/2012, in force since 18 June 2013) added one line to article 1138 of the Italian Civil Code: «The rules of the building may not prohibit owning or keeping pets».

This applies to the rules approved by the residents' meeting: no majority can decide that dogs are not allowed in the building. The most debated case is contractual building rules, drawn up by the developer and accepted by each owner in the deed of purchase, or signed by everyone. There a ban is a private agreement, and courts have not all given the same answer on how far it still holds. If your building rules contain such a ban, ask a lawyer before fighting it out at the meeting.

The same article 1138 says that the building rules set how shared parts are used. So the rules cannot ban the dog, but they can say how you move around with it in shared spaces: lead on the stairs and in the entrance hall, no loose dogs in the courtyard, rules for the lift.

Outside the front door the everyday rules apply: a lead no longer than 1.50 metres in towns and places open to the public, a muzzle to carry with you, droppings to pick up. They come from the Ministry of Health order explained in the guide to the rules for dog owners.

Article 1138 is about building rules, not rental contracts. If your lease says no animals may be kept in the flat, you signed that clause: the building rule does not cancel it.

Before signing, look for clauses about animals in the contract and, if you already have a dog, get it agreed in writing.

A barking dog can lead down two different roads.

• Civil. Article 844 of the Civil Code lets you object to noise from neighbouring property when it goes beyond normal tolerability, assessed by the judge case by case. This is the route for a neighbour asking for the disturbance to stop, and possibly for compensation.
• Criminal. Article 659 of the Criminal Code punishes anyone who disturbs people's work or rest, including by «failing to prevent noise from animals». According to the Court of Cassation it is enough that the disturbance can reach an indefinite number of people, even if nobody proves they were actually disturbed (for example Cass. pen., sez. I, no. 7748/2012). If only one neighbour is bothered, it usually stays a civil matter.

A dog that barks for hours when left alone often has a problem coping with being alone rather than a character problem. Before a letter from the building manager arrives, it is work for a dog educator or, in more serious cases, a vet specialised in behaviour.