New Court Rulings: Understanding pet rights and owner liabilities in Italian condominiums
Avv. Carlo Carta
Real Estate & Condominium Law Expert
The freedom to keep pets in condominiums is not absolute. In Italy today, the right to keep domestic animals is recognized, but this right has limitations. Let's explore them together through recent court rulings that clarify the boundaries of pet ownership in condominium settings.
The Court of Trento, with ruling No. 712 of October 6, 2025, deciding on a dispute regarding domestic animals within condominium regulations, held that a ban on keeping domestic animals contained in a contractual condominium regulation is legitimate and binding.
Contractual condominium regulations that explicitly prohibit pet ownership are valid and enforceable when agreed upon by all owners at the time of purchase or through unanimous approval.
It means a regulation that is part of a contract (for example, prepared by the builder and accepted by all condominium owners with purchase deeds or unanimously approved), and not an assembly regulation approved by majority.
Well, according to the Court, in these cases the clause prohibiting animals can be enforced, because it stems from an explicit agreement among all condominium owners and governs the use of common property according to shared rules.
The Civil Code, Article 1138, establishes that condominium regulation rules cannot prohibit owning or keeping domestic animals.
This principle is generally interpreted — and repeatedly confirmed in civil jurisprudence — as a prohibition against inserting the ban on keeping animals in assembly condominium regulations.
Key Legal Distinction
However, there is debate in jurisprudence about whether this also applies to contractual regulations. The Court of Trento adopted an approach more favorable to contractual regulations, deeming the negative clause on animals valid if inserted consensually.
April 12, 2025
With ruling No. 33 of April 12, 2025, the judge of the Court of Pescara clarified that the owner of a domestic animal is liable for damages caused even in cases of uncontrolled freedom of movement, constituting strict liability pursuant to Article 2052 of the Civil Code.
"The repeated access of a domestic animal to another's property, producing excrement, soiling and consequences on the adjacent condominium owner's health, entitles the right to compensation for pecuniary and non-pecuniary damages and legitimizes the adoption of coercive measures to guarantee the effectiveness of protection."
The code provision allows freedom to keep companion animals in exclusive properties, but does not explicitly refer to freedom of movement in common areas.
Pets must be accompanied by their owners in common areas for the safety of all condominium residents. Uncontrolled circulation leads to liability.
"The owner of an animal or whoever uses it for the time they have it in use, is responsible for damages caused by the animal, whether it was under their custody, or was lost or escaped, unless they prove force majeure."
The owner or whoever has use of it is liable for damage caused by an animal, under strict liability (responsabilità oggettiva). To free themselves from said liability, the owner must provide proof of the existence of a factor external to the subjective sphere and capable of interrupting the causal link between the animal's behavior and the damage caused.
Court of Pescara Ruling No. 33/2025
In the case presented, it was established that the lady who owned the cats, despite the occurrence of repeated episodes complained of by the plaintiffs, had not adopted any measures — not even minimal ones — normally suitable to manage and/or control the animals in question, so as to avoid or limit the discomfort suffered by the counterparty.
No evidence was offered to the judge regarding the defendant's fulfillment of the related duties of management and control of the animals.
Conversely, the plaintiff had provided proof, also through witnesses, of the existence of the link between the behaviors of the owner's animals and the harmful events caused by them:
Hence the order to pay, in favor of the plaintiff, the sum of:
Compensation for pecuniary and non-pecuniary damages
Pet bans in contractual condominium regulations (agreed at purchase or unanimously) are valid and enforceable, unlike majority-approved assembly regulations.
Pet owners are strictly liable (Article 2052 Civil Code) for all damages caused by their animals, unless they prove force majeure.
Pets must be accompanied by owners in common areas. Uncontrolled circulation creates liability for damages and health consequences.
Affected residents should document damages with photos, witnesses, and records. Pet owners must prove control measures were taken.
Review your condominium regulations (both contractual and assembly) to understand pet-related restrictions
Never allow pets to roam unsupervised in common areas - use leashes and maintain direct control
Immediately clean up after your pet and prevent any property damage or disturbances to neighbors
Keep records of pet management measures, training, veterinary care, and responsible ownership practices
Whether you're a pet owner facing restrictions or a resident dealing with pet-related damages, get expert legal guidance on Italian condominium law.
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