Pets in Strata: The Legal Landscape After Recent Tribunal Rulings Across Australia
For decades, Australian apartment buildings operated under blanket "no pets" by-laws. If the owners corporation said no animals, that was that. Then came the landmark case of Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250, and the legal landscape for pets in strata changed permanently.
The NSW Court of Appeal held that a by-law imposing a blanket ban on pets was "harsh, unconscionable or oppressive." This wasn't just a legal technicality — it reflected a fundamental shift in how Australian law views pet ownership in shared living: keeping a pet is now treated as a normal part of residential life, not a privilege to be granted or withheld at the committee's discretion.
The Current Legal Position: State by State
The Cooper decision specifically applies to NSW, but its influence has been felt across the country. Here's where each state stands:
| State | Blanket Pet Bans Legal? | Key Legislation / Ruling | Approval Process |
|---|---|---|---|
| NSW | No — invalid since Cooper (2020) and codified by 2021 amendment | Section 137B SSMA: by-laws cannot unreasonably prohibit keeping animals | OC must approve unless pet causes "unreasonable interference" |
| Victoria | No — landlords can only refuse with VCAT order; OCs can set rules but not blanket bans | Residential Tenancies Amendment Act; Owners Corporations Act 2006 | Tenants need landlord consent (refusal requires VCAT order); OCs can regulate but not prohibit |
| Queensland | May be challengeable — no definitive ruling yet | BCCM Act; by-laws can restrict but blanket bans increasingly scrutinised | Varies by scheme; committee approval typically required |
| WA | Permissible in some circumstances — but narrowing | Strata Titles Act 1985; by-laws can include pet restrictions | Approval required; conditions may apply |
| SA | Generally permissible | Strata Titles Act 1988; by-laws can restrict pet keeping | Approval required from body corporate |
| ACT | No — legislation protects pet keeping | Unit Titles (Management) Act; restrictive pet rules can be challenged | Cannot unreasonably refuse |
The NSW Framework in Detail
The amendments to the Strata Schemes Management Act 2015 (NSW) following the Cooper decision created a clear framework:
Section 137B provides that a by-law, or a decision made by an owners corporation, has no force or effect to the extent that it unreasonably prohibits the keeping of an animal on a lot. It is deemed reasonable to keep an animal on a lot unless the animal unreasonably interferes with another occupant's use and enjoyment of their lot or common property.
Regulation 36A of the Strata Schemes Management Regulations 2016 specifies the circumstances in which keeping an animal constitutes "unreasonable interference." These include the animal causing persistent noise that disturbs other occupants, the animal being dangerous, menacing or a restricted breed, the animal causing damage to common property, the animal posing a health or safety risk, and the animal being kept in conditions that cause the animal distress or create unsanitary conditions.
What the OC cannot do: Require a pet bond, fee or insurance specifically for keeping a pet. By-laws that impose financial conditions for pet approval are invalid under the NSW framework.
What the OC can do: Set reasonable conditions for pet management on common property — such as requiring pets to be leashed in common areas, designating pet-friendly and pet-free zones, requiring owners to clean up after their animals, and setting maximum numbers of animals per lot.
The Approval Process
If your strata scheme has a by-law requiring approval to keep a pet, the owners corporation must consider your application and can only refuse if the pet would cause unreasonable interference. The committee must make a decision within a "reasonable timeframe." If the committee fails to respond — or takes too long — the pet is automatically approved.
If your application is refused, you have several options: request the owners corporation to reconsider in writing, apply for free mediation through NSW Fair Trading, and if mediation fails, apply to NCAT for an order allowing you to keep the pet.
The Rental Angle: New Tenancy Laws
The May 2025 amendments to NSW tenancy laws significantly strengthened renters' rights to keep pets:
| Requirement | Detail |
|---|---|
| Response time | Landlords must respond in writing within 21 days of receiving a pet request |
| No response | If the landlord doesn't respond within 21 days, the pet is deemed approved |
| Refusal grounds | Landlords can only refuse on specific permitted grounds (safety, property unsuitability, breach of strata by-law, etc.) |
| Blanket bans | Blanket "no pets" in rental ads is now prohibited |
| Permanence of approval | Once a pet is approved, the approval remains for the pet's lifetime at that property — even if the landlord or agent changes |
| Separate bond | A separate pet bond cannot be charged |
For strata committees, this means tenants in your building now have strong legal backing to keep pets. If the building's strata by-laws are more restrictive than the tenancy legislation allows, the by-laws may need to be updated.
Assistance Animals: Absolute Protection
Assistance animals (as defined under the Disability Discrimination Act 1992) cannot be banned or restricted from any strata scheme under any circumstances. By-laws that affect the ability of assistance animals to perform their duties on a lot or common property are invalid and unenforceable. This is not a matter of committee discretion — it's federal anti-discrimination law.
Managing Pets Well: Best Practice By-Laws
Rather than fighting the inevitable shift toward pet-friendly strata, the most effective approach for committees is to draft comprehensive pet management by-laws that set clear expectations. A well-drafted pet by-law typically covers requirements for pets to be supervised or leashed on common property, designated areas for pet exercise and relief, noise and behaviour standards, owner responsibility for cleaning up after pets, procedures for dealing with complaints about specific animals, and limits on the number of animals per lot (if reasonable).
When a Pet Must Be Removed
Even under the new framework, a pet can still be ordered to be removed if it causes unreasonable interference. The process requires the owners corporation to first issue a notice to comply asking the owner to address the behaviour. If the behaviour continues, either party can seek mediation through Fair Trading. If mediation fails, the owners corporation (or another affected occupant) can apply to NCAT for a removal order. Alternatively, council can issue a nuisance order for dogs or cats.
How UnitBuddy Helps
UnitBuddy's building wellness assessment includes by-law quality as a governance indicator. Buildings with well-drafted, current pet management by-laws that comply with the post-Cooper framework score higher — reflecting both legal compliance and a practical approach to one of the most common issues in strata living.
The era of blanket pet bans is over. The buildings that thrive will be those that embrace pet ownership as a normal part of apartment life — and manage it through clear, fair by-laws rather than outdated prohibitions.