• Legality of restricting pets in housing colonies

The developer of a retirement homes complex in chennai says pets are not allowed in the complex . I have a pet and so he refuses to sell a house in the complex . Is this legally tenable ?
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

You cannot be restrained from keeping pet in house

The Animal Welfare Board of India has passed by-laws on keeping pet dogs in apartments. If you are living in a society apartment, you should be aware of these laws and make sure no one harasses you for keeping a pet in your apartment

Rules & By-Laws for pet owners living in society apartments:

Any civic body (Resident Welfare Association – RWA) does not have the right to ban residents from keeping pets in their apartments, not even by getting a majority vote in the society with the help of other tenants or residents.

Any discrimination over size or type of pet breed is not allowed in a housing society.

No ban can be imposed on pet owners due to their dog’s barking habits.

No ban can be imposed on keeping pets in apartments, even after amendment of society bye-laws and regulations.

If a pet owner abide by the municipal laws regarding pets then no society civic body has the right to ban the pets or their owners from the societ

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

There's no such provision to disallow pet owners to purchase house legally.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Hi, the developer cannot be biased this perticular point .. However, later on association ( RWA ) can make such rules.. Therefore it is advisable not to proceed further if you want to keep a pet

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Hi,

This is not legally tenable and your may take help of animal right activists.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Bylaws and Rules with respect to Pet Dogs and Pet Owning Residents in a RWA(Resident Welfare Association)

General Do’s and Don’ts:

Any RWA cannot ban residents from keeping pets even by obtaining a consensus.

The introduction of any sort of a ban on residents keeping a pet cannot be introduced even if majority is in favor of such a ban.

There cannot be any discrimination on size of pets allowed in the housing society.

Dog Barking is not a valid reason to impose any pet related ban.

Any ban on keeping pets cannot be introduced even after amendment of society bye-laws and regulations.

Banning pets is direct interference with fundamental freedom guaranteed to the citizens as per the constitution.

Any pets and resident owners of the pets not violating any municipal law are permissible to stay in the society or community.

Use of Lift by Pets:

Pets cannot be legally disallowed from using lifts as per previous court rulings.

No changes can be imposed on banning of use of lifts by pets.

Courts believe that dogs are like family and must have access to lifts in any society or community.

RWA cannot impose any sort of special charges or fee for pets or their owners for providing lift facilities.

Use of Park by Pets:

Banning pets from having access to garden is short sighted and pets can show aggression in frustration.

It is better to fix dedicated timeline allowing access to garden/parks for pets.

The timings for access to garden or park for pets can be intimidated to the general body of the RWA.

Use of Leashes and/or Muzzles:

Pet owners can be requested to keep their pets on leash when in common areas.

Negligent pet owners can be fined if their actions cause any trouble to other residents.

Defection by Pets in Community Premises:

Since there is no central law requiring cleaning of pet excreta, RWA can request pet owners to clean the same.

RAW however cannot impose a fines or special charges on pet owners in case of pet excreta in common area or community premises.

Pet owners must train their pets to use the same area for excreta each day without causing trouble to other residents.

Intimidation: No RAW or member can intimidate a pet owner into giving up or abandoning of his or her pet under any circumstances.

Role of Pet owners for prevention of cruelty to animal

According to the constitution of India, an apartment should not ban the keeping of animals in an apartment and the Section 11 (3) states Prevention of Cruelty to Animal Act, 1960. It is also against article 51 A (g) of the Indian Constitution wherein, it is the duty of every citizen to have compassion towards animals, living creatures and improve the natural environment.

Owners should avoid their pets being teased by children and others. This angers the animal causing untoward instances for no fault of the animal.

The dog owner must make sure that their pet is not causing any nuisance in the neighbourhood.

Residents keeping domestic animals or other pets shall abide by the Municipal Sanitary Bye-Laws or Regulations.

Ensure that certain strict rules and regulations are followed so that no one is inconvenienced or affected

Even on walks within the premises or in any other common area, the animal has to be on a leash and accompanied by the owner at all times.

It makes sense to go through the rules of residential complexes before renting a flat.

In an apartment block, you have scores of people walking in and out, from maids to milkman to children. It is essential to train the dogs so that they don’t get provoked on seeing neighbours and workers.

Ensure that your pet does not become a nuisance to others

It needs to be toilet trained and taught some amount of discipline.

Ensure that your pet does not cause inconvenience for others.

Ensure that your pet does not fight with others pets.

By Laws With Respect to Street Dogs:

Beating and driving away street dogs is not allowed.

Capturing street dogs for birth control or other medication related measures is allowed but they must be released back into the same locality.

There is now law barring any Indian resident to feed stray dogs. Feeding is equated as a compassionate feeling and is highly supported by the higher courts.

Beating street dogs comes under the animal cruelty at as is a punishable offence under Section 428 and 429 of the Indian penal code.

Hostility or aggressive behavior that may lead pets to embrace an aggressive behavior is not allowed

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Sir since he is the owner of house he can refuse but restricting pet in housing societies is not legal at all a family at their wish can keep pet that does not create disturbance and further are not dangerous there can be no such legal restriction on ones personal choice.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) No it's not legal, you can have pet living animals in your house if any byelaws is made by society and it's registered with registrar than you don't.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

The societies are normally governed by their bye laws I need the society is not allowing pets in the society you cannot do anything there are certain rules you must be aware of in the connection with pets in the society and all the responsibilities of the owner relating to any dispute arising out of pets society bye laws if that is not contradictory to any established law will always prevail

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

This is illegal. The circular issued by the Animal Welfare Board makes it categorically clear that no society can ban pets or even limit the size and breed of the pets. The developer/society is not above the law of the land. Such a ban has no force of law. You are at liberty to keep pets of any size or breed. If the society creates hassles then firstly file a FIR and if this also does not help your case then file a suit for permanent injunction in the civil court.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

The question is not about the legality.

It is about the selling of property, if the seller is not willing to sell the proeprty to people having pets, then you cannot compel him, it is absolutely his will and wish to impose such conditions, if you dont agree then you may refuse to buy and look for some other property.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Though it is not legally tenable, it is rather advisable to avoid having pets in such places as apartment complexes, retirement homes so that fellow-residents are not put to any inconvenience.

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

1. There are several Court Judgements (including Consumer Court) which says that Association /Societies /Builders CANNOT restrict pets in housing complexes.

2. Depending on available documentary evidences and witness evidences, you can get success in the courts. Pets are definetely allowed to stay with owners and nobody can restrict the same, atleast legally.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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