In recent years, environmental protection and biodiversity have moved increasingly into the public debate. There have also been important legal developments. So, what does the law on keeping wild animals provide for?
The legal framework, primarily set out in Law 157/1992 and Legislative Decree 135/2022, prohibits keeping animals taken from the wild, while special certification is required for exotic species.
In many cases, specific training courses are also compulsory, regardless of whether the animal is kept privately or professionally.
Which law protects wildlife in Italy?
The cornerstone of wildlife protection in Italy is Law 157/1992, which introduced a key principle: wildlife is not considered res nullius, meaning “belonging to no one”, but forms part of the inalienable property of the State.
As a result, the following are considered violations of public property, in the interests of managing and conserving nature:
- taking wild animals from their natural habitat;
- capturing wild species;
- keeping these animals without justification.
This framework is reinforced by further legislation aimed at protecting Italy’s wildlife heritage:
- CITES legislation, implemented through Law 150/1992, which penalises the trade and keeping of animals without traceable documentation and regulates possession of internationally protected species in line with the Washington Convention;
- Legislative Decree 135/2022, which introduces important provisions on animal health and safety in implementation of EU Regulation 2016/429;
- provisions in the Italian Criminal Code, including Articles 727 and 544-ter on animal mistreatment;
- regional and municipal rules and regulations, including those concerning the rescue and temporary care of injured wild animals.
What does the new animal law provide for?
The approval of Legislative Decree 135/2022, together with subsequent amendments, introduced more specific and stricter measures on the trade in and keeping of wild and exotic species.
In particular, it strengthens the bans on importing animals taken from the wild and tightens authorisation requirements for facilities such as breeding centres, zoos and circuses.
The legislation focuses especially on species considered dangerous to public health, public safety or biodiversity. It also introduces training and traceability requirements for private keepers. Legislative Decree 135/2022 includes:
- a ban on breeding many prohibited species, while allowing animals already legally kept to remain with their owners for the rest of their natural lives;
- an obligation to notify the Prefecture for people who own animals included on prohibited lists;
- stronger biosecurity measures and mandatory identification for wild and exotic animals, in accordance with the applicable rules;
- stricter periodic health checks by the competent authorities, such as the ASL local health authority, to monitor the health of animals and prevent disease outbreaks.
Which wild animals can be kept in Italy?
Given the aim of protecting national and international wildlife, as of 2026, Italian legislation on exotic and wild animals prohibits the keeping of the overwhelming majority of non-domesticated species.
There are, however, limited exceptions for animals that have been born and raised entirely in captivity, provided they have certification confirming lawful breeding and their origin from authorised facilities.
In general terms, various decrees, including Ministerial Decree 19/1996, provide for regular updates to both negative lists, meaning prohibited species, and positive lists.
Alongside commonly kept domestic animals, the following may be permitted:
- cage and aviary birds, including many passerine and parrot species, provided they have a non-removable ring and a transfer document;
- non-venomous, unprotected reptiles and amphibians, subject to verification of CITES requirements;
- small, non-invasive exotic mammals, such as certain rodents kept as companion animals.
When is keeping wild animals a criminal offence?
Breaching legal provisions on the keeping of wild or exotic animals can lead to both administrative penalties, usually for formal or authorisation-related infringements, and criminal consequences.
Conduct that endangers public safety, breaches the State’s inalienable property rights or compromises an animal’s physical and psychological welfare can constitute a criminal offence.
The main and most common situations include:
- procedural and administrative irregularities under Legislative Decree 135/2022, which can result in administrative fines ranging from €8,000 to €25,000, unless the matter amounts to a criminal offence;
- poaching and taking animals from the wild, under Law 157/1992, which falls under the offence of aggravated theft against the State;
- keeping dangerous species or animals included on the list of prohibited exotic animals in Italy, such as big cats, primates, elephants, venomous arachnids and insects, as well as toxic reptiles and amphibians;
- illegal trafficking and the black market in prohibited species, under Article 727-bis of the Criminal Code, an offence punishable by imprisonment of two to eight months and a fine of up to €10,000;
- keeping animals in unsuitable conditions and animal mistreatment, under Articles 727 and 544-ter of the Criminal Code. These provide, respectively, for arrest of up to one year and a fine of €1,000 to €10,000, or imprisonment of three to 18 months and a fine of €5,000 to €30,000.
What must people who keep a wild or exotic animal do?
Anyone who decides to care for a wild or exotic animal, provided it is among the permitted species, must meet certain administrative and training requirements to ensure animal welfare and protect public health.
The main requirements under current legislation include:
- compulsory training through a mandatory exotic animal course for anyone keeping non-domestic species that must be registered in the national registry, such as exotic reptiles or parrots protected at international level;
- obtaining an exotic animal licence for 2026, issued after completing a course on keeping exotic animals. This is needed to show that the owner has acquired the necessary knowledge of biosecurity and animal behaviour;
an obligation to notify and declare possession, depending on the type of animal. For species protected under the Washington Convention, including several tortoise species, iguanas and large parrots, a declaration is compulsory.
Proof of origin must be submitted to the Carabinieri Forestali CITES unit. Dangerous animals that were lawfully kept before the bans entered into force must be notified to the Prefecture;
- registration in the national registry, with identification by microchip, generally for mammals and reptiles, or by the appropriate rings for birds.
In every case, the owner must provide suitable care, with enclosures such as terrariums, aviaries or pens that meet the animal’s biological needs. Particular attention must also be paid to the risk of escape.
Can wild animals be kept in an apartment block?
Finally, it is useful to consider whether wild or exotic animals can be kept in an apartment block. This has long been debated, particularly in relation to Article 1138 of the Italian Civil Code.
That provision prevents condominium regulations from introducing bans or restrictions on keeping domestic animals in an apartment block. The question is whether exotic or wild animals can be considered domestic.
The extension of Article 1138 to wild and exotic animals is currently subject to differing interpretations. As a result, the provisions of the condominium rules may carry greater weight, provided they comply with current law and the owner’s rights.
In practice, specific rules at condominium level are extremely rare. Owners must still ensure that the animals do not cause disturbance or create hygiene or health risks for other residents.
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