Are Security Cameras Allowed in Strata Buildings?

Residential security cameras and CCTV have become increasingly common in Australian households.

 According to a recent study from Finder, around 18% of Australians have security cameras installed on their property. Thanks largely to increased affordability and the advent of Wi-Fi-enabled home security products like Google Home and Amazon’s Ring range, more Australians are opting to add video surveillance to their property.

 For owners and tenants residing in a strata or body corporate managed property, it’s important to understand your rights and responsibilities when it comes to installing home surveillance devices and security cameras.

Are security cameras allowed in strata properties?

Yes, but the installation of security cameras on the strata premises is bound by several caveats. 

In the case of security cameras that have been installed by the strata corporation, there are usually practical reasons for their inclusion – from a response to a recent break-in event to the property or addressing ongoing unauthorised use of the strata facilities. 

The placement and recording of any security camera that is installed by the strata corporation is only allowed in common areas, such as: 

• Entryways and gates into the property covering both pedestrian and vehicle access 
• Stairways and corridors on the property
• Shared facilities (swimming pools, carparks, tennis courts)

Security cameras are not allowed in areas where personal privacy is non-negotiable, such as toilets or shared showering facilities. 

Legislation regarding security cameras in strata buildings

In Australia, legislation regarding the installation of security cameras is covered under the Privacy Act 1988 and enforced by the Office of the Australian Information Commissioner (OAIC). 

Under the aforementioned Privacy Act 1988, organisations or agencies that use a surveillance device like a security camera or CCTV must comply with the Australia Privacy Principles.

Each state and territory also has their own set of laws governing surveillance. In South Australia for example, the Surveillance Devices Act 2016.

Consent must also be obtained from the strata corporation through a validly passed resolution.

Can you install a security camera in your strata lot? 

Individual lot owners are not permitted to install security cameras on common property or that record common areas without the express written consent of the body corporate.

If you are the owner of the strata lot, you are within your rights to use security cameras throughout the lot, however, these devices cannot be installed in common areas, such as the area or corridor outside the lot. 

Businesses that operate within a strata facility can use security cameras within their lot to enhance the safety of their operation and employees. The business may need to seek consent from their staff if they will be recorded on the devices. 

When installing a security camera within the premises, you should also place a clear notice to inform others that they may be recorded to comply with your local state’s privacy laws. It is also advised that owners check that the recording of the security camera does not capture common areas to prevent any accidental breach of privacy. 

What to do if a security camera is facing your property

If you are concerned that neighbours have a security camera or surveillance device that is pointed towards your lot, your first point of call should always be to talk to them directly. If the matter cannot be resolved through mediation, then you can refer the matter to body corporate.

Whether due to the orientation of neighbouring units or some other reason, it is possible for the placement of a security camera to infringe on the privacy rights of another resident in a strata property. 

Common disputes for security camera usage in strata properties include door cameras (as part of a home security system) and outdoor security cameras (where the device is able to record images outside of the lot, such as into another lot, while located within the lot’s premises). 

If you suspect that your privacy is being infringed upon, there are several steps you can take to raise and resolve the dispute:

• Approach the neighbour and inform them of your concerns. It is possible that the owner was unaware of the breach of privacy, and you can simply request for them to take the security camera down or position it permanently away from your property. 
• If the neighbour refuses to comply, raise the matter with your strata management team or strata corporation. Some strata corporations have strict by-laws regarding privacy, which will form the basis for ensuring that the security camera is dealt with.
• Failing any resolution with the help of the strata management, owners can contact their local council to file a complaint based on the state and territory’s laws.