Can Strata or Body Corporate Refuse Pets?

Pets are a cherished part of our lives, with around 6.9 million Australian households sharing their homes with their beloved furry companions. However, pet ownership can become tricky when living in a strata scheme.

While an owner's corporation cannot ban you from owning a pet, it does have the authority to create its own strata pet by-laws. Generally, these by-laws are to protect the residents and maintain a peaceful community.

In this article, we will uncover everything you need to know about pets in strata, from understanding your rights to navigating by-laws that may affect pet ownership in a strata property.

Landscape of pet ownership in strata schemes

The landscape of pets in strata schemes has evolved significantly in recent years. Pets are often considered part of the family, and body corporates are starting to acknowledge that.

In the past, body corporate pet laws could include imposing non-refundable application fees, punitive bonds to cover potential damage to common property, and even requiring pet owners to purchase additional insurance to cover possible repairs or legal expenses.

Nowadays, positive changes to strata pet laws (as seen in the recent revamping of NSW strata laws) reflect a shift toward a fairer, more inclusive approach to strata pet ownership.

As a result, more strata schemes are becoming pet-friendly, with some even waiving any associated fees entirely. However, the rules governing pet ownership in strata schemes can vary widely, as each state and territory enforces its own unique set of by-laws and legislation.

Overview of Pet Laws in Strata or Body Corporate Schemes by State

As a strata resident, you are subject to the rules or by-laws of your strata scheme. Your strata scheme is also subject to your state’s regulations. This means your pet ownership is impacted by both your strata community’s by-laws and state strata legislation.

In some states and territories, residents are allowed to own a pet without seeking approval. However, others require permission from the body corporate/owners corporation beforehand.

To help you navigate these laws, here’s a breakdown of whether pets in strata are permitted, and the conditions or restrictions that apply in each state and territory:

New South Wales (NSW): Conditional

You are allowed to have a pet in a strata scheme, as long as it doesn’t disturb other residents.
Owners corporations cannot charge residents a fee or bond, or require insurance to be taken out for a pet.
If you are a tenant, your landlord can decide on whether or not you’re allowed a pet.
Some strata schemes require written approval before you get a pet.

Victoria (VIC): Conditional

You are allowed to keep a pet without seeking approval. However;
- Owners corporations can create their own by-laws with a no-pet rule, which must be approved by Land Victoria.
- Tenants must seek permission from the landlord to have a pet in the house. Landlords can only refuse pet ownership by obtaining an order from the Victoria Civil and Administrative Tribunal (VCAT).
Owners corporations have the right to ask pet owners to remove the pet if the animal is a nuisance or poses a threat to other residents.

Queensland (QLD): Conditional

You are allowed to keep a pet, but tenants need to seek approval beforehand.
Owners corporations can create their own by-laws that may restrict or ban pet ownership. This may include prohibiting pets in common areas or removing the pet if it is deemed a nuisance or poses a threat to residents.
A separate pet bond cannot be charged.

South Australia (SA): Conditional

You are allowed to keep a pet, but you must seek approval from the owners corporation beforehand.
Owners corporations can create their own by-laws that govern pet ownership, including removing a pet if it causes “unnecessary interference” to other residents. This may include issues such as noise, aggression, and the ownership of restricted breeds.

Western Australia (WA): Conditional

You are allowed to keep a pet, but you must seek approval from the owners corporation beforehand.
Owners corporations can implement by-laws that may limit or even prohibit pet ownership.
Pet bonds are optional and permissible.

Tasmania (TAS): Conditional

Pet ownership depends on the body corporate’s by-laws. Body corporates can create by-laws that allow or prohibit pets.
Tenants or owners must seek approval if there are no existing by-laws.
Assistance pets are allowed regardless of the by-laws.
Body corporates may remove pets if they cause “unnecessary interference” including persistent noise and aggression.
No pet bonds are allowed.

Northern Territory (NT): Yes

Pets are allowed in strata schemes, however:
- Body corporates can alter this rule by registering their own animal by-laws.
- Tenants can keep a pet if there is no written objection from the landlord within 14 days.
- Body corporates and landlords may remove pets if they create disturbances or damage to the property.
- Local council rules may also apply on top of the body corporate by-laws. e.g. the City of Darwin limits each property to four animals (two dogs or cats).

Australian Capital Territory (ACT): Yes

Pets are allowed in strata schemes, however;
- Tenants must seek permission if required by the tenancy agreement.
- Landlords can only refuse pets on specific grounds, e.g. if they pose a genuine risk to other residents.
- Tenants are responsible for pet-related repairs or maintenance.
- No pet bonds are allowed.

How to apply for a pet in a strata property

Generally, written approval must be obtained before bringing an animal onto the lot of a common property. To apply for a pet in a strata property, you can:

Check your building’s by -laws and relevant strata pet laws. If you don’t have a copy of your building's by-laws, you can contact the strata or property manager.
Submit a written request with any related information about your pet such as its breed, age, sex, vaccination status, and microchip details.
Once submitted, the strata committee or owners corporation will review your application. Depending on your by-laws, this may include a committee meeting or vote.
If approval is granted, make sure you understand and adhere to any conditions set for pet ownership. If your application is denied, you may have the right to appeal. This often involves mediation or lodging a dispute with your state’s tribunal.

Pet ownership in strata title properties requires careful understanding of both your state’s strata regulations and the specific by-laws of your strata scheme. In Australia, legislation generally favours pet ownership, as long as owners comply with strata pet laws and demonstrate responsible pet ownership. Provided the pet doesn’t impede on the health or safety of other residents, pet owners can enjoy a peaceful coexistence with their favourite furry friend in a strata property.

If you are unsure of your rights as a pet owner or need help navigating your state’s strata laws, you can contact your strata manager or explore the following resources for more information:

Strata Laws NSW Strata Laws QLD Strata Laws VIC Strata Laws SA Strata Laws WA