Spain’s Supreme Court overturns increased space requirements for pig housing, returning farms to previous standards

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Spain has introduced a major legal change for its pig industry: the Supreme Court has annulled a provision of the royal decree that increased minimum space requirements for keeping pigs. This decision effectively cancels the stricter stocking density rules and returns the country to the previous standards that had been in force for more than 20 years.

According to the Boletín Oficial del Estado (BOE), the ruling, dated November 3, 2025, concerns Royal Decree 159/2023 — a key regulation governing the application of EU legislation on official animal welfare controls in pigs.

The Court declared invalid point 4 of the fourth final provision of Royal Decree 159/2023, which amended Article 3.1 of Royal Decree 1135/2002 by introducing a new table of minimum surface areas per animal. The new rules significantly increased the required space for:

  • weaned piglets,
  • group-housed finishing pigs,
  • while not affecting sows or gilts after mating.

For farms, the amendment meant the need to:

  • expand or reconstruct buildings,
  • reduce herd sizes,
  • invest substantial funds in adapting facilities.

Following the ruling, the new space table is no longer applicable, and the previous table from Royal Decree 1135/2002 — with smaller minimum space requirements for each weight category — is once again in force.

The annulment applies solely to space requirements. All other provisions of Royal Decree 159/2023 remain valid, including:

  • requirements for official inspections,
  • documentary obligations,
  • general animal welfare standards.

The Supreme Court also ordered the public administration to cover court costs and to publish the ruling in the BOE.

For months, Spain’s pig industry had been assessing the financial impact of the increased space requirements. The new decision:

  • removes immediate financial pressure,
  • allows farms to continue operating under the old standards,
  • postpones the need for large-scale facility upgrades until new rules are adopted.

However, experts warn that these regulatory changes may be temporary: in March 2026, Royal Decree 809/2025 — which introduces new approaches to animal welfare — will come into force.

The cancellation of the increased space requirements is considered a significant development for Spain’s pig sector, as returning to previous standards gives farmers more time to prepare for upcoming reforms.


PigUA.info based on materials from pig333.com

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