In municipal cat colony management, conflicts involving coexistence and public spaces are not uncommon. Residents, educational institutions and public facilities frequently request that a community cat colony be moved or removed from its current location.
In response to such pressure, local authorities and managing organisations may seek quick agreements to relocate the animals. However, under Spain’s current legal framework, this approach is technically unfeasible and may also be legally invalid, potentially giving rise to serious liabilities.
1. All community cats are protected by law
The Spanish Law 7/2023 of 28 March on the protection of Animal Rights and Welfare grants comprehensive legal protection to all community cats.
As a general rule, the legislation requires cats to remain in their established location. Their removal or relocation is therefore expressly prohibited, except in very specific and duly justified circumstances.
2. Neither party has unilateral decision-making authority
One of the most widespread misconceptions is that an informal agreement is sufficient to resolve the matter. Many assume that if the local authority and the animal protection organisation agree, the relocation is automatically lawful.
This is legally incorrect. Neither party has the legal authority, entitlement or decision-making power to unilaterally determine the relocation of a community cat colony.
- Local Authorities: They cannot issue an administrative decision or carry out a de facto removal (vía de hecho) without a duly reasoned administrative case file. This file must include substantial technical reports and comply with the applicable national Technical Guidelines.
- Animal protection associations and colony management organisations: They do not hold ownership of, or have the legal authority to dispose of, the colony. Therefore, if they participate in actions without proper legal authorisation, they may incur civil and administrative liability and become subject to sanctioning proceedings.
3. Exceptional circumstances require compliance with the Technical Guidelines and the National Plan
A complaint from a resident or a school is not, in itself, sufficient grounds for relocating a colony. For an intervention to be legally valid, it must be demonstrated that there are serious and unsustainable risks to public health, safety or biodiversity.
Furthermore, a rigorous procedure must be followed, incorporating three essential elements:
- A duly reasoned administrative case file.
- A specialized thecnical and legal opinion demonstrating that implementing alternative measures in situ is not feasible.
- Strict compliance with the National Plan for the Management of Community Cat Colonies and its protocols.
Failure to comply with any of these requirements renders the relocation procedurally irregular. Consequently, the decision may be challenged and potentially declared null and void, and may also give rise to claims for public authority liability.
Legal certainty and protection for public institutions
These cases involve considerable technical complexity and significant legal risks. For this reason, public administrations and collaborating organisations require rigorous assessment before taking any executive decision.
As a specialised consultant, I prepare the legal opinions and technical-legal assessments required to evaluate these procedures. My work helps ensure regulatory compliance and provides public authorities and their collaborating organisations with the legal certainty needed to act within the applicable legal framework.
Do you need to verify the legality of a procedure or require a specialised technical and legal opinion for your municipality?
Contact me for a preliminary assessment of your case.
Relocation of Community Cat Colonies: Why Can Neither Local Authorities nor Managing Organisations Decide Unilaterally?
