Laws & By-Laws
Pets in Strata: The Legal Landscape After Recent Tribunal Rulings Across Australia
Blanket pet bans in strata are dead. But that doesn't mean it's a free-for-all. This is the current legal position on keeping pets in Australian apartments, state by state, and what it means for owners, tenants and committees.
· 6 min read
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In plain English
- Modern strata law has moved away from blanket pet bans.
- Committees can regulate behaviour and damage, but approvals need to be reasonable and evidence-based.
- Assistance animals sit in a different legal category and need careful handling.
Pet rules work best when they deal with behaviour rather than ownership. That is also where the law has been heading.
For decades, Australian apartment buildings operated under blanket "no pets" by-laws. In NSW, Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 changed that position.
The NSW Court of Appeal held that a by-law imposing a blanket ban on pets was "harsh, unconscionable or oppressive." The decision treated pet ownership as a normal part of residential life rather than something a committee could prohibit without reason.
The current position by state
The Cooper decision specifically applies to NSW, but its influence has been felt across the country. The state-by-state position is uneven:
| 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 |
| Place | Position |
|---|---|
| NSW | Must be reasonable |
| VIC | Must be reasonable |
| QLD | Module-led |
| WA | By-law led |
The NSW framework
The amendments to the Strata Schemes Management Act 2015 (NSW) following the Cooper decision created a clear framework:
Section 137B
This section 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
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.
- Owner submits pet request
- Committee checks by-law and Section 137B
- Unreasonable interference test
- Approval or refusal recorded
- Fair Trading mediation if refused
- NCAT order as final step
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
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.
Writing practical pet by-laws
Committees can use pet management by-laws to set clear expectations. A well-drafted by-law usually covers supervision or leashing on common property, exercise and relief areas, noise and behaviour, cleaning, complaints about specific animals and reasonable limits on the number of animals per lot.
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 supports the work
UnitBuddy's building wellness assessment includes by-law quality as a governance measure. Current pet by-laws that comply with the post-Cooper framework contribute to the score.
Blanket pet bans are largely a dead end. The better work is narrower and more practical: approval records, nuisance rules, cleaning obligations, lift etiquette and a process for dealing with genuine problem behaviour.
Further reading
- NSW: Why courts overturn "no pets" strata by-laws, via LookUpStrata
- NSW: Pets and strata: the next chapter, via LookUpStrata
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