Can You Have Pets in Strata Buildings? A Comprehensive Guide

According to the latest research from the RSPCA, 69% of Australian households in Australia own a pet. With 48% of us owning a dog, and a further 33% owning a cat, pet ownership is an integral part of Australian life.

So, with 69% of Australian’s owning a pet, and 17% of the population living in strata title properties, it’s important to know the rules and regulations surrounding pet ownership so that you know where you stand when it comes to owning a pet in a strata building.

This simple guide will outline what you need to know about pet ownership in a strata building, important factors that you need to consider, and what to do if you have concerns about another resident’s pet in a strata property. Unless otherwise mentioned, this guide is based on South Australia.

Are pets allowed in strata buildings?

In South Australia, common ownership buildings prior to 1996 were under the Strata Titles Act, and since then under the Community Titles Act.

Under Strata Title, the default Articles prohibit pets without the corporation’s consent.

Under Community Title, there is no default By-Laws and hence it is different for each Corporation.

It is possible in Community Title that there can be a rule that allows pets so long as the pet does not cause “unreasonable interference” to other residents in the building.

Instances that may be classed as “unreasonable interference” include:

• Animals that make persistent noise that interferes with another occupant’s peace, comfort, or convenience.
• The animal repeatedly chases or attacks another occupant or their visitors or animals.
• The animal causes damage to another property or property owned by another occupant.
• The animal endangers the health and safety of another occupant through infection or sickness.
• The animal causes a persistent, offensive odour that reaches other properties.
• The dog is categorised as a ‘restricted breed’ in accordance with the Companion Animals Act 1998.

In general, pets that do not cause interference or offence to other residents through noise, smell, hygiene, or behaviour are unlikely to be affected under the umbrella of “unreasonable interference”.

What are the general rules for keeping a pet in a strata building?

In Australia, the rules for keeping pets in strata properties will vary depending on the state and the strata bylaws of your strata scheme.

To find out the rules that are applicable to your strata building and your pet, you should always refer to your by-laws document.

Some of the common restrictions that exist for pets in strata buildings include:

• The number of pets that you have
• The breed of the pet (dogs must not be on a dangerous breed list)
• Owners must clean up after their animals
• Odour and noise must not interfere with the peace and quiet of other residents

Living in a strata building means living as part of a larger community. Abiding by a shared set of rules when it comes to pets protects the best interests of all residents and ensures that pet owners and other residents can safely share spaces and maintain peaceful living standards.

Can an body corporate create laws to govern pet ownership?

Yes.

The body corporate may choose to create their own set of rules for pets in strata buildings, however, following recent higher court decisions in other states, it is possible that by-laws that ban pets outright could be challenged.

How do I inform the body corporate about my pet?

If you are bringing a pet into a strata managed building, then you may have a responsibility to inform the body corporate or strata committee in writing that you intend to have a pet. Again, your best point of reference is your own strata by-laws so that you can understand the laws that apply to your building.  If you are unsure it is always best to check with your strata manager or strata management company.

Each building and body corporate will have slightly different rules and procedures in place when it comes to bringing a pet into the building. Depending on your body corporate, they may ask you to submit information that relates to the animals age, breed, sex, vaccination status, and microchip records.

Is it the same rules for renters and owners?

Both renters and owners are governed by the strata by-laws when it comes to pet ownership, however, renters are further governed by the individual, enforceable laws that are set out by landlords in their rental agreement.

In Australia, these restrictions vary by state. The latest information for keeping a pet in rental properties for different states of Australia is as follows:

Strata Pet Laws – State & Territory Breakdown for Australia

New South Wales Strata Pet Laws

In New South Wales, Pets are allowed in strata unless causing ‘unreasonable interference’ or disturbing residents. NSW made sweeping changes to pets in strata building laws back in 2021 with new laws determining that. Following the changes which came into effect on 25^th August 2021, Strata schemes can no longer unreasonably prohibit the keeping of a pet.

Victoria Strata Pet Laws

In Victoria, strata bodies cannot ban pets, however, they may refuse pets based on legitimate concerns which include noise, safety of tenants, hygiene, or potential damage to property. In Victoria, tenants have the right to keep pets and cannot be denied a lease based solely on having one.

Queensland Strata Pet Laws

Queensland made sweeping changes to Animal by-laws which came into effect on 1 May 2024 which removed blanket bans against pets in strata buildings and prohibits strata buildings from restricting the size, type, or number of pets. Normal restrictions will still apply and mean that pets must not cause unreasonable health or safety risk to tenants, must not disrupt native wildlife, and must agree to follow reasonable conditions that are set by the body corporate.

South Australia Pet Laws

In South Australia, tenants are bound by the individual strata by-laws. If a property has its own by-laws that prohibit pets, then owners must follow those laws. Whilst a landlord may not explicitly state “no pets allowed”, tenants are still subject to a property’s strata laws which may prohibit them.

Australian Capital Territory Pet Laws

Pets are not banned from strata properties in the ACT, however, tenants must seek permission to keep a pet if required by the tenancy agreement. Landlords in the ACT have the right to refuse a pet based on specific grounds which include health and safety to other tenants. Landlords are not allows to enforce a specific “pet bond” on tenants with pets.

Western Australia

• Landlords do not have to allow pets
• Pet bond optional and permissible

Northern Territory

• Tenant can keep pet if no written objection from landlord after 14 days
• No pet bond allowed

Tasmania

• Tenant can have pet if allowed by owner or lease
• No pet bond allowed

Note: These rules apply to rental properties in each state. It is important to note that renters living in strata operated buildings are also governed by the strata bylaws of your strata scheme.

Can you make a complaint about another resident’s pet?

If you have concerns about another pet in your strata building, the process for making a complaint is as follows:

1. Review the strata bylaws to understand the rules and regulations that govern pet ownership in your building.
2. Contact a strata member or the strata management company to raise a concern. This can be done in person at a meeting or in writing through a letter or email.
3. Provide supporting documentation to substantiate your complaint with photos or witness statements. It is important to note that if you are proceeding with a complaint then the nature of the complaint must be in breach of your strata bylaws.
4. Follow up to ensure that your complaint has been received and is being reviewed.
5. Consider mediation. If the problem is not resolved, there are mediation options available through different state or territory bodies.

When it comes to making a complaint, it’s always best to play by the rules and keep a paper trail of actions. Conducting yourself in a professional and respectful manner means that your complaints are more likely to be addressed and heard.

Final thoughts

Pet ownership in Strata Title is generally not allowed without consent.  Pet ownership in Community Title has different rules in each situation.  Sometimes they are allowed so long as they do not cause unreasonable interference to other residents or impede on their ability to enjoy their private or shared spaces. If you are unsure, and want help, your strata manager or strata management company will be able to assist you so it is always a good idea to check with them prior to obtaining a pet.