The provision of Art. 6, para. 1, item 4 of the ZUES prohibits owners from carrying out activities or actions in their independent site or in part of it that create a greater than usual disturbance for other owners and residents.. The rule is a specification of the obligation under Art. 50 of the Property Act (Property Act), arising for the owner of any real estate, (The owner of real estate may not carry out such actions on his property that create obstacles to the use of the neighboring property greater than ordinary ones.).
A specification of the provision of Art. 6, para. 1, item 4 of the Housing Code is the obligation to comply with the requirements of the relevant regulatory acts regarding the keeping of animals in the premises owned by the apartment owners. (Art. 6, para. 1, item 6 of the EU Law). The restrictive rules regarding animal husbandry under the Animal Husbandry Act (Veterinary Medical Activity Act) and under the Law on the Protection of the Rights of the Child (Animal Protection Act) have as their aim the prevention of undue disturbance which may be caused to the immediate neighbours of the owners of the relevant species of animals. Additional regulations are contained in in Ordinance No. 39 of 1.12.2008 on the conditions for keeping companion animals, taking into account their physiological and behavioral characteristics of the Ministry of Agriculture and The Regulation on the Acquisition, Possession and Breeding of Domestic Animals on the Territory of Sofia Municipality (The Ordinance). Identical ordinances have been adopted in a number of other local municipalities, therefore only the ordinance for the Sofia Municipality will be considered.
The two laws use different terms to refer to farmed animals: pets – animals kept for non-profit purposes in a person’s home (§ 1, item 34 of the Animal Welfare Act), and companion animals – animals that are kept in the household or out of interest in the animal, insofar as they are domestic animals or domesticated animals of the order carnivora, rodents, lagomorphs, parrots, finches, pigeons and animals of the class Pisces (§ 1, item 9 of the Animal Welfare Act). Special rules have been introduced regarding the keeping of dogs in condominium buildings.
General rules regarding animal husbandry are provided for in Article 172 of the Animal Husbandry Act and Articles 35 and 36 of the Animal Husbandry Act, and the Regulation also provides for general principles regarding animal husbandry. According to Article 172 of the Animal Welfare Act, pet owners are obliged to: to take measures to ensure that animals do not contaminate public places by cleaning the place after defecation; to take measures to ensure that animals do not pose a danger to people or other animals; to take measures to prevent unwanted reproduction of animals; when using them for reproduction, to take into account their physiological, anatomical and behavioral characteristics and to prevent endangering their health.
Owners of companion animals, in turn, are obliged to: to take measures to prevent the animal from leaving the place of breeding on its own, from entering other people's property or public places (Art. 35, para. 1 of the Animal Welfare Act), as well as to ensure their sterilization, unless in the event of reproduction they are able to raise the newborn animals or provide them to new owners (Art. 36, para. 1 of the Animal Welfare Act).
Pet owners in the Sofia Municipality are obliged to fulfill the obligations provided for in Art. 2, para. 2 of the Regulation, otherwise, if the obligations are not met, there is a ban on keeping the animal as a pet. Owners are obliged to: to provide it with the necessary amounts of food and water according to its physiological needs; to provide it with the necessary space and movement; to exercise control over the animal's behavior outside its home; to provide it with veterinary medical care. Other obligations of pet owners, according to the Regulation of the Sofia Municipality (Art. 4 and Art. 5), are: to raise the pet animal in a manner that excludes the possibility of uncontrolled physical contact with other persons; to prevent animals with natural or acquired intolerance to each other from being in close proximity; to raise the pet animal under conditions that minimize the possibility of aggressive behavior of the animal; to ensure conditions and behavior of the pet that do not disturb the peace of citizens; not to leave the pet animal unattended and to ensure constant and immediate control over its behavior in public places; to prevent contact of a potentially sick, dangerous or poisonous pet animal with other animals and people in public places; to prevent the pet animal from disturbing public order in public places; to clean the place after the pet animal defecates in public places.
The Sofia Municipality Ordinance explicitly prohibits the walking of animals on the territory of playgrounds. (Art. 5, para. 2, item 3).
Special rules for raising dogs are contained in both the Animal Welfare Act and the Animal Welfare Act, including the Ordinance on the Acquisition, Possession and Breeding of Domestic Animals on the Territory of Sofia Municipality. Dog owners, according to Art. 173 of the Animal Welfare Act, are obliged: when taking the dog out to carry the veterinary passport and present it for inspection by the municipal and veterinary authorities (Art. 173, item 1 of the Animal Welfare Act); to present the veterinary passport when visiting a veterinarian (Art. 173, item 2 of the Animal Welfare Act); to present the dog annually for vaccination against rabies (Art. 173, item 3 of the Animal Welfare Act); when keeping it indoors, to provide it with the necessary daily walks (Art. 173, item 4 of the Animal Welfare Act); when keeping it tied up outdoors, to provide it with shelter and an area for free movement (Art. 173, item 5 of the Animal Welfare Act); to prevent any manifestation of unjustified aggression by dogs, manifested in public places and in situations threatening the life or health of people and animals (Art. 35, and 2 of the Animal Welfare Act); not to disturb the peace and hygiene conditions of the condominium members (Art. 35, para. 3 of the Law on the Protection of the Rights of Persons with Disabilities).
The owners of the dog, according to Art. 5, para. 3 of the Regulation on the acquisition, possession and keeping of domestic animals on the territory of Sofia Municipality, are obliged: to always lead it on a leash no longer than 2 meters. The dog is allowed to be let loose only in specially designated areas; to always and everywhere lead the dog only on a leash and with a muzzle if it is aggressive.
Ownership of a dog is registered: once at a veterinarian in accordance with Article 174 of the Veterinary Act – upon reaching 6 weeks of age, and a second time in the appendix to the owners' book under Art. 7, para. 6 ZUES – upon acquisition or taking of the animal for breeding by a floor owner or by a resident in the buildingThe subject of registration under Art. 7, para. 6 of the EUA is broader than that of Art. 174 of the LMDA. It registers all animals (not just dogs) inhabiting premises in the building under condominium ownership, regardless of whether they are owned or merely taken for breeding by the condominium owners or residents of the building. Keeping animals in condominiums that are subject to removal is also associated with payment of consumable costs for each animal at the same rate as for one inhabitant (Art. 51, para. 7 of the EU Law).
Finally, according to Art. 6, para. 1, b. "i" of the Local Taxes and Fees Act (Local Taxes and Fees Act), municipalities collect local fees for owning a dog.
Animal husbandry restrictions based on area
In practice The regulations do not introduce restrictions on the number of domestic animals, but they do introduce a number of requirements for their keeping, including a required minimum living area.According to Art. 34 of the Housing and Living Act, dogs and cats cannot be kept in apartments in a condominium building with an area smaller than: for a dog: for small breeds up to 10 kg – 6 sq. m; for medium breeds up to 25 kg – minimum 8 sq. m; for large breeds over 25 kg – minimum 10 sq. m; for a cat – minimum 6 square meters, with the area being calculated as total with the people living in the dwellingOrdinance No. 39 of 1.12.2008 provides specific dimensions for keeping cats and dogs outdoors, on leashes or in cages.
The total calculation of the area, together with the people living in the dwelling, creates a practical problem, as there is no regulatory framework that answers the question of how much area a person needs in a dwelling. For example, the minimum area for prisoners in a sleeping room is set at 4 sq. m (less than that for a cat) - Art. 43, para. 4 ZEZZ. According to the Ordinance on the Housing Needs of the Debtor and His Family Members, which determines the non-sequestrable living area, the minimum area for a one-member family is 25 sq. m, for a two-member family - 40 sq. m, for a three-member family - 55 sq. m, etc., and the living area under the ordinance is defined as the sum of the areas of the rooms in the dwelling intended for habitation - living rooms, bedrooms, children's rooms and dining rooms (when there is a kitchen with a dining area). Therefore, if the given minimum areas for one debtor in enforcement proceedings are accepted, then in a dwelling with a clear area of 50 sq. m., a maximum of two people with one small dog or one cat can live, and even one pet would be questionable if the sum of the living areas is less than 50 sq. m. (excluding corridors, bathrooms, toilets, kitchens without dining rooms, terraces, balconies, loggias, storage rooms, etc.).
Prohibition on keeping animals in condominiums or gated communities
General provisions of the law (Art. 6, para. 1, items 4 and 6 of the EUA, Art. 50 of the Civil Code) prohibit owners from carrying out activities or actions on their individual property or part of it that create a greater than usual disturbance for other owners and occupantsSimilar restrictions would be in place if excessive noise pollution (caused by animals – pets) is detected.[1] or contamination of common areas by animals, as well as if there is a violation of sanitary and hygienic requirements. If similar factual situations are established, the owners who are affected by the violations may initiate protection under Art. 109 of the Animal Welfare Act – by way of a claim, with a request that the competent court oblige the owner of the animal to cease the targeted actions – animal breeding.[2].
On the other hand, it is the inherent right of all owners to exercise their rights - to use, possess, and dispose of their property in full. This includes raising animals when this is not expressly prohibited by law. (e.g. of protected animal species). However, there is no provision in the EUS, the ZS or the current regulations that restricts apartment owners from keeping pets with the consent of their neighbors /Decision No. 885 of 14.05.2015 of the Municipal Assembly - Plovdiv on the case No. 2424/2014/. Since the right of an owner to keep pets within his real estate constitutes part of his right of ownership, a complete prohibition of this should be considered as its restriction, or as a disposal of it. The ZUES provides that the General Meeting of the condominium may adopt decisions on the disposal of the common parts - unanimously (100% of the same article), pursuant to Art. 17, para. 2, item 1 of the ZUES. Therefore, it is possible, pursuant to Art. 17, para. 2, item 1 of the ZUES, to amend the Internal Regulations of a condominium or gated complex, by providing for a ban on keeping a certain type or all types of animals, but this must be done unanimously..
Ban on walking animals
The common areas of the building cannot be used for keeping dogs or cats, according to the general provisions of the law. (Art. 6, para. 1, items 4 and 6 of the EUA, Art. 50 of the Civil Code), and according to the Regulation of the Sofia Municipality, it is expressly prohibited to keep pets on open terraces and balconies in condominium buildings and in the common and adjacent parts of condominium buildings without the written consent of the residents of the address, certified by a minutes of the General Meeting. (Art. 4, para. 2 of the Regulation).
However, the ban on walking animals within the complex or condominium does not equate to keeping animals in common areas. Walking constitutes passage through common areas and spaces, therefore, as a factual action, it cannot be restricted to either the owners of common areas or their accompanying animals. This could happen again with a change to the Rules by unanimous vote (100% of the same chapter), according to Art. 17, para. 2, item 1 of the ZUES. This also applies to lawns as common areas - passage through them cannot be unreasonably restricted unless it is decided unanimously.
Apart from the above, due to ambiguity in the law and a gap in the exact competences of the General Assembly, such a decision (to restrict the keeping of pets) can be brought under Art. 11, para. 1, item 10, b. "i" of the ZUES - The General Assembly adopts a decision on the use of the common parts of the building and its adjacent area in the event of disputes, as well as on compliance with internal order and sanitary and hygienic standards. This decision is made by a simple majority and in the event of a falling quorum - Art. 15 and Art. 17, para. 3 of the ZUES - the decisions are adopted by a majority of more than 50 percent of the represented ideal parts of the common parts of the condominium. However, this decision should not be valid, due to what has been said so far - for limiting the right of ownership.
Ivan Nikolaev, attorney-at-law
[1] However, excessive noise pollution cannot be established by the regional health inspection, since it does not carry out control in residential buildings - Decision No. 12853 of 20.07.2023 of the Regional Health Inspection Committee for Urban Development No. 59999/2022.
[2] Case law abounds with similar cases - Decision No. 12853 of 20.07.2023 of the Regional Administrative Court in case No. 59999/2022, Decision No. 14 of 28.02.2024 of the Regional Administrative Court - Dryanovo in case No. 391/2022, Decision No. 9074 of 9.08.2022 of the Regional Administrative Court - Velingrad in case No. 509/2021, Decision No. 317 of 10.05.2022 of the Regional Administrative Court - Kyustendil in case No. 2272/2021, etc.
