Coexistence in residential communities isn't always easy, and when pets come into play, differences of opinion can become apparent. One of the most frequently debated topics is lift use: can dogs be banned from using them?
The answer isn't as straightforward as it seems. Behind this uncertainty lie legal implications, neighborhood rights, and, of course, many conflicting emotions. Therefore, it's important to be clear about what the law says in 2025, what a homeowners' association can decide, and how far the rights of those who live with animals extend. Because, although it may not seem so, there are important nuances.
What does the law in Spain say on this issue?
In Spain, there is no state regulation that clearly states whether dogs are allowed—or not—in lifts. What does exist is the Horizontal Property Law (LPH), which regulates how common spaces in buildings are managed and organized.
This law allows a community to approve internal rules to promote good coexistence. The lift, as a common element, can be subject to these rules. However, it's one thing to impose conditions on its use by dogs... and quite another to prohibit it altogether.
To completely ban dog access, the community's bylaws would need to be amended. And that can only be done with the unanimous approval of all the owners. If anyone objects, no change will be valid.
Regulate or prohibit? It's not the same thing.
When a community considers limiting lift use by animals, it's essential to differentiate between regulation and prohibition. These are two very different paths, both legally and practically:
- Total ban: Dogs are not permitted under any circumstances. For this measure to be valid, it must be reflected in the community's bylaws and approved unanimously. If only a majority vote is reached at a meeting, any affected neighbor may challenge it.
- Reasonable regulation: Certain rules are established to improve living conditions, but dogs are not prohibited from using the lift. For example, dogs must be kept on a leash and muzzled, the lift must only be used if there are no other neighbors, or a specific lift must be used if there are several available. These measures can be approved by a simple majority in the Board of Directors.
What the Horizontal Property Law allows (and what it does not)
- Article 6 allows for the creation of internal rules for the use of common areas, provided they do not contradict the Statutes or limit rights recognized by law.
- Article 17.6 states that any change to the Statutes requires unanimity. And since a total ban affects a right of use, it is considered a statutory change.
- Article 18 allows for the challenge of agreements that violate the law, the Statutes, or that seriously harm an owner.
What kind of rules are usually allowed?
Many buildings choose to regulate, not prohibit, measures. Some measures that are generally legally accepted include:
- Turn-taking: If a neighbor is afraid or allergic, the dog owner must wait for the next lift.
- ResponsibilityIf the animal makes a mess, the owner must clean up.
- Security: : it is required to keep the dog on a leash (and muzzle if required by municipal ordinance).
- Specific schedulesIn some cases, dog-friendly zones are established. Although this is a more delicate measure, it can make sense if there are repeated conflicts.
These rules are proportional. They don't prevent the use of the lift, but they help everyone to live together peacefully.
What if we talk about assistance dogs?
There's no room for debate here. Since Royal Decree 409/2025 came into force, assistance dogs have been granted the right to access public and private spaces throughout Spain.
Although a community lift is not considered a public space, if a dog accompanies a person with a disability, the necessary adjustments must be made to ensure their mobility. Denying them access would be discriminatory and could violate accessibility regulations.
What happens if the community approves an abusive rule?
If a community approves a ban without the necessary unanimity, the agreement can be challenged. The deadline is:
- 3 months, if notification was received.
- 1 year, if the agreement violates the law or the Statutes.
In these cases, the most common approach is to consult a lawyer, the property manager, or, if the community allows it, resort to a mediation process.
Useful tips to avoid conflicts
If you are part of the community:
- Avoid outright prohibitions if there is no unanimity.
- Seek balanced measures that respect everyone.
- Keep the rules in writing and communicate them clearly.
If you live with a dog:
- Comply with the municipal ordinance: leash, muzzle if necessary.
- Be respectful of neighbors who have allergies or fears.
- Make sure your dog is calm inside the lift, and if he does anything, clean it up.
- If you have an assistance dog, inform the community and have the documentation on hand.
What do the courts say?
Spanish jurisprudence supports balance. Most rulings recognize that:
- Reasonable rules are legal if they do not void the right to use the lift.
- Total bans without unanimity are not valid.
- Accessibility for people with disabilities always takes precedence over any community restriction.
And what about municipal regulations?
Although they don't directly regulate whether dogs can be taken in the lift, they can influence it. Many ordinances stipulate, for example, which breeds must wear a muzzle or how dogs must be kept on a leash in common areas. And these conditions, of course, also affect lift use.
Keys to a more peaceful coexistence
- Talk to your neighbors when you adopt a dog. Goodwill often prevents a lot of friction.
- Train your dog. A calm animal creates fewer conflicts.
- Be empathetic. Not everyone loves dogs, and that's fine too.
- Seek agreement before moving into legal proceedings. Often, the solution lies somewhere in the middle.
At Eleva Balear, we understand that a lift is not just a machine: it is a shared space.
And as such, it's normal for questions to arise, such as: can dogs be banned from lifts? The important thing is to find that balance between accessibility, comfort, and respect. It's not always easy, but it is possible.
From our experience as lift installation specialists in Mallorca , we know how important it is to tailor each solution to the real needs of those living in a building.
If your community is considering renovating, modernizing, or installing a lift, we can help you take that step. Because beyond moving people from one floor to another, a good lift also helps bring people closer together. And that, ultimately, also improves coexistence.
