Key Takeaways
- Pet ownership rights in apartments and strata schemes are governed by a combination of state legislation, strata by-laws, and local council rules.
- Most Australian states now prevent blanket bans on pets, but buildings can still set reasonable conditions regarding pet approval and management.
- The application process for keeping a pet in strata or apartment complexes typically involves written requests, with recourse available if unreasonably refused.
- Significant legal cases, such as Cooper v The Owners – Strata Plan No 58068 (NSW), have shaped a more pet-friendly environment in strata communities.
- Apartment dwellers must also comply with local council regulations on registration, noise, and responsible pet management.
- Assistance animals have special legal protections, often superseding by-laws.
- Choosing the right pet products and adopting responsible pet care practices can help prevent disputes and ensure harmonious apartment living.
Introduction
With Australia’s growing urbanisation and the rise of high-density living, more Australians are calling apartments and strata-titled properties home than ever before. For pet lovers, this shift raises important questions: Can I have a pet in my apartment? What are my rights if the building rules seem unfair? How do I balance my responsibilities as a pet owner with respect for neighbours and common property?
Recent years have seen significant legal reforms aimed at protecting the rights of responsible pet owners in strata and apartment environments. These changes reflect evolving social attitudes, increased demand for pet-friendly living, and recognition of the benefits pets provide for health and wellbeing. At the same time, challenges remain for tenants and owners navigating a complex web of state laws, building by-laws, and council regulations.
This comprehensive guide explores everything Australian apartment and strata dwellers need to know about pet ownership laws, from the national legal landscape to practical advice on managing your pet in a shared environment.
The Legal Landscape: Pet Ownership in Strata and Apartments
National Trends and the Role of State Law
Australia’s legal system does not have a single, unified law regarding pets in apartments or strata. Instead, each state and territory sets its own legislative framework, complemented by regulations set by owners corporations (also called body corporates) and local councils.
Key Concepts:
- Strata Schemes: A form of property ownership for multi-unit developments (apartments, townhouses) where individuals own their lot and share ownership of common areas.
- Owners Corporation (Body Corporate): The legal entity representing all lot owners, responsible for making and enforcing by-laws.
- By-laws: Rules made by the owners corporation concerning the management of the building, including pet ownership.
Model By-Laws and Their Evolution
For many years, strata by-laws frequently imposed blanket bans on pets, arguing that animals might damage property or disturb neighbours. However, modern reforms—particularly in NSW and Victoria—have challenged this approach, favouring individual assessments and reasonable conditions over outright bans.
Landmark Development:
In New South Wales, the 2021 decision of the NSW Court of Appeal in Cooper v The Owners – Strata Plan No 58068 (read the full decision) established that blanket “no pets” by-laws are harsh, unconscionable, or oppressive, effectively prohibiting them under the Strata Schemes Management Act 2015.
“The Owners Corporation… may only impose conditions on pet ownership that are reasonable and do not unfairly prejudice individual rights.”
— NSW Court of Appeal, 2021
Current Trends
Today, most Australian states either discourage or outright prohibit blanket pet bans in strata schemes. Owners corporations can still set reasonable restrictions (e.g., on animal types, noise, or numbers) but must justify any refusal to allow a pet. Similar reforms are emerging in other states, with support from consumer advocacy groups and animal welfare organisations.
Further Reading:
State-by-State Guide to Apartment Pet Laws
New South Wales (NSW)
Legislation: Strata Schemes Management Act 2015 (as amended 2021)
Key Points:
- Blanket bans on pets are prohibited.
- Owners corporations may only refuse pets on “reasonable grounds”—such as danger or proven nuisance.
- Tenants must still seek landlord consent, and landlords may have separate requirements.
- Landmark case: Cooper v The Owners – Strata Plan No 58068 confirmed “no pets” by-laws are generally unenforceable.
How to Apply:
- Submit a written application to the owners corporation.
- The application should include details about the pet (type, size, temperament, training).
- Owners corporation must respond within a reasonable period (usually within 21 days).
Disputes can be taken to the NSW Civil and Administrative Tribunal (NCAT).
“By-laws cannot be harsh, unconscionable or oppressive.”
— NSW Fair Trading
Victoria
Legislation: Owners Corporations Act 2006 (amended 2021)
Key Points:
- Owners corporations must not unreasonably prohibit the keeping of an animal in a lot.
- They may only refuse pets where the animal is proven to cause a hazard, nuisance, or unreasonable interference.
- Applications for pets must be considered within a set timeframe.
- Disputes can be referred to the Victorian Civil and Administrative Tribunal (VCAT).
“You cannot have a blanket ‘no pets’ policy in Victoria. All applications must be considered individually.”
— Consumer Affairs Victoria
Queensland
Legislation: Body Corporate and Community Management Act 1997
Key Points:
- By-laws cannot ban all pets, but can restrict certain animals or require approval.
- Applications for pets should not be refused without good reason.
- QCAT has consistently overturned by-laws found to be unreasonable.
Case Example:
In Pets in Paradise [2017] QCAT 77, a ban on dogs over 10kg was found to be unreasonable.
“If a body corporate refuses a pet, it must provide sound reasons based on the specific animal, not a generic ban.”
— Queensland Government: Pets in Apartments
Western Australia (WA)
Legislation: Strata Titles Act 1985 (updated 2020)
Key Points:
- No express prohibition against pets, but strata companies can pass by-laws regulating or prohibiting animals.
- By-laws must not be unreasonable, oppressive, or discriminatory.
- In 2020, reforms clarified that by-laws cannot be “unreasonable” and must be open to challenge by owners or tenants.
- Tenants require both landlord and strata approval to keep pets.
- Disputes can be brought before the State Administrative Tribunal (SAT).
Noteworthy:
- “Blanket bans” still exist in some WA strata complexes, but can be overturned if challenged and found unreasonable by SAT.
- WA is currently reviewing further reforms to encourage more pet-friendly strata living.
South Australia (SA)
Legislation: Strata Titles Act 1988 and Community Titles Act 1996
Key Points:
- Pet ownership is not automatically prohibited; rules depend on each strata or community corporation’s by-laws.
- By-laws may ban or restrict pets, but such bans can be challenged if they are unreasonable.
- Owners must apply in writing for pet approval unless the by-law already allows the pet type.
- Disputes are handled through the Magistrates Court (strata) or Community Titles Tribunal (community).
Noteworthy:
Recent case law supports a move towards reasonableness and individual assessment, though formal reforms lag behind states like NSW and VIC.
Tasmania
Legislation: Strata Titles Act 1998
Key Points:
- By-laws may prohibit or regulate pets; approval is usually required from the body corporate.
- Owners must obtain written consent, and bodies corporate are advised to act reasonably.
- Disputes about pets can be taken to the Recorder of Titles.
Noteworthy:
No legislative ban on pets, but in practice, many strata schemes still have restrictive by-laws. Owners may appeal unreasonable refusals.
Australian Capital Territory (ACT)
Legislation: Unit Titles (Management) Act 2011
Key Points:
- As of 2021, new reforms make it unlawful for owners corporations to unreasonably withhold consent for pets.
- Owners must apply for permission; the default is that consent must be granted unless there are reasonable grounds for refusal (e.g., health and safety concerns).
- Disputes are resolved through the ACT Civil and Administrative Tribunal (ACAT).
Noteworthy:
ACT is regarded as among the most progressive states for pet-friendly apartment living; similar to NSW, blanket bans are effectively prohibited.
Northern Territory (NT)
Legislation: Unit Titles Act 1975 and Unit Titles Schemes Act 2009
Key Points:
- By-laws govern pet ownership and vary from one scheme to another.
- There is no prohibition against pets in legislation, but body corporates may set restrictive by-laws.
- Owners and tenants should check the specific by-laws for their complex.
- Disputes are managed by the Northern Territory Civil and Administrative Tribunal (NTCAT).
Noteworthy:
Pet-friendly reforms are less advanced than in NSW, VIC, or ACT; residents are encouraged to challenge unreasonable by-laws through NTCAT.
| State/Territory | Blanket Ban Allowed? | Reasonable Refusal Allowed? | Tribunal Review? |
|---|---|---|---|
| NSW | No | Yes | Yes |
| VIC | No | Yes | Yes |
| QLD | No | Yes | Yes |
| WA | Yes (but changing) | Yes | Yes |
| SA | Yes (varies) | Yes | Yes |
| TAS | Yes (varies) | Yes | Yes |
| ACT | No | Yes | Yes |
| NT | Yes (varies) | Yes | Yes |
What Can Strata Schemes and Apartment Buildings Control?
While blanket bans are increasingly rare, owners corporations and building managers still have the right to set rules that protect the safety, amenity, and property interests of all residents. These rules must be reasonable and proportionate to the issue at hand.
Common By-Law Provisions
- Types and numbers of pets allowed (e.g., limit to one dog or cat per lot)
- Requirements for keeping pets indoors or on leashes in common areas
- Rules around noise, fouling, and pet behaviour
- Obligations to register pets with both council and the owners corporation
- Processes for dealing with complaints or nuisance pets
Example By-Law (NSW Model):
“An owner or occupier may keep a pet with the written consent of the owners corporation. Consent must not be unreasonably withheld.”
Limits to By-Law Powers
- By-laws cannot discriminate against particular breeds or species without a valid safety or health justification.
- Rules must be clearly communicated and fairly enforced.
- Assistance animals (including guide, hearing, and assistance dogs) are generally exempt from pet bans by law.
Further Reading:
The Approval Process: Applying to Keep a Pet
Applying for permission to keep a pet in an apartment or strata complex need not be intimidating, but it is important to follow the required steps and provide detailed information.
Step-by-Step Guide
- Check your by-laws: Read your building’s by-laws or house rules for specific requirements.
-
Prepare your application: Include details such as:
- Pet’s breed, age, size, and temperament
- Vaccination and registration records
- Evidence of training (if available)
- References from previous landlords (if renting)
- Submit in writing: Send your request to the owners corporation or building manager.
- Await response: Most states require a written decision within a defined period (often 14-21 days).
- Respond to feedback: Address any concerns or conditions placed on your approval.
- Appeal if refused: If your request is refused without good reason, you may appeal to the relevant tribunal (NCAT, VCAT, QCAT, etc.).
Sample Application Letter (Excerpt):
Dear Owners Corporation,
I wish to apply for permission to keep my pet [name, species, breed] in my apartment. My pet is registered, vaccinated, and well-trained. I am committed to ensuring my pet does not cause nuisance or damage and will comply with all building rules regarding pets.
Kind regards,
[Your Name]
What if Your Application is Refused?
If your application is denied, you have the right to ask for the reasons in writing. If you believe the refusal is unreasonable or not supported by evidence, you can seek a review at your state’s civil and administrative tribunal.
References:
- NSW Civil and Administrative Tribunal – Strata Disputes
- Victorian Civil and Administrative Tribunal – Owners Corporation
Common Disputes and How to Resolve Them
Living in close quarters with neighbours in apartments and strata-titled complexes means disputes about pets are not uncommon. Understanding the typical issues and knowing how to resolve them is essential for maintaining harmony—and protecting your rights as a pet owner.
Typical Pet-Related Disputes
-
Noise Complaints:
Barking dogs, noisy birds, or other pets causing a disturbance are among the most frequent sources of complaints. -
Damage to Common Property:
Pets scratching doors, soiling carpets, or damaging gardens can result in formal complaints. -
Nuisance Behaviour:
Aggressive pets, wandering animals, or those causing allergic reactions or fear in other residents. -
Allergies and Health Concerns:
Some residents may raise medical concerns about pet hair, dander, or the presence of specific animals (e.g., cats or birds). -
Fouling of Common Areas:
Pets relieving themselves in lifts, hallways, or shared gardens can prompt swift action from owners corporations.
“Respect for neighbours and common property is at the heart of successful strata pet ownership.”
— Strata Community Association (source)
Rights of Pet Owners Versus Other Residents
Australian strata law increasingly supports pet ownership but also protects residents from genuine nuisance or health risks. Owners corporations may require you to address proven problems—such as persistent barking, repeated damage, or poor hygiene.
Reasonable Conditions Might Include:
- Limiting the size or number of pets
- Requiring animals to be kept on a leash in common areas
- Ensuring pets do not cause ongoing disturbance or damage
However, blanket rules or actions against responsible pet owners without evidence of nuisance are increasingly being overturned by tribunals.
How to Resolve Pet Disputes
1. Internal Resolution
- Start by discussing the issue politely and directly with your neighbour or the building manager.
- Many disputes are the result of misunderstandings and can be quickly resolved.
2. Written Complaints
If the issue persists, formal complaints may be made to the owners corporation. Keep records of communications and evidence.
3. Mediation
- Most states offer free or low-cost mediation services for strata disputes. These services aim to reach a compromise without legal proceedings.
- Example: NSW Fair Trading Mediation
4. Tribunal or Court Action
- When all else fails, either party may apply to the relevant state tribunal (e.g., NCAT, VCAT, QCAT, ACAT, SAT, or NTCAT).
- Tribunals assess evidence and make binding decisions on what is fair and reasonable.
- Example: Victorian Civil and Administrative Tribunal – Owners Corporation
5. Enforcement of Orders
Orders issued by tribunals are enforceable and can require pet owners to take specific action—or, in rare cases, to remove the animal if no other remedy is possible.
Real-World Examples
- In Cooper v The Owners – Strata Plan No 58068 (NSW), the owners corporation was forced to overturn a “no pets” by-law when it could not prove genuine nuisance or harm.
- In Queensland, QCAT has repeatedly found that rejecting pet applications based only on size or breed—without evidence of nuisance—is not reasonable.
“Tribunal cases have shifted the balance towards responsible, well-managed pet ownership, provided there is no demonstrable harm to others.”
— CHOICE: Pets in Apartments
Tips for Avoiding and Managing Disputes
- Always introduce your pet to neighbours and building staff.
- Keep your pet well-trained, supervised, and clean.
- Respond quickly to any complaints, and provide evidence of training, vet records, or behavioural improvements if needed.
- Be proactive: share your pet care routines with the owners corporation and assure them of your commitment to responsible ownership.
Council and Local Government Considerations
While state strata and apartment laws provide a framework for pet ownership, local councils across Australia impose their own regulations concerning animals within their municipalities. These rules can affect apartment dwellers in several ways and must be considered alongside strata by-laws.
Local Registration and Animal Limits
-
Registration:
Nearly all local councils in Australia require that dogs and cats be registered. Registration often involves microchipping and provides a legal framework for the identification and management of pets. - Example: In Sydney, all cats and dogs must be microchipped and registered with the council by 6 months of age (City of Sydney Council).
- Registration usually incurs a small annual or once-off fee.
-
Limits on Animal Numbers:
Councils may restrict the number of animals kept at a single property, which can include apartments. - Example: The City of Melbourne permits up to two dogs and two cats per household without a permit. Exceeding this requires special permission (City of Melbourne).
- Fines can apply for exceeding the allowed number of animals.
Noise and Nuisance Complaints
-
Nuisance Laws:
Councils typically have clear rules about “nuisance” pets—animals that are noisy, aggressive, or a danger to public health or safety. - Example: Brisbane City Council may issue infringement notices for persistent barking or aggressive animals (Brisbane City Council – Animal Nuisance).
- Fines and orders for pet removal can result from repeated or serious breaches.
-
Enforcement:
Council officers are empowered to investigate complaints and issue warnings or fines. In severe cases, they may seize animals.
Types of Pets Allowed
-
Exotic Animals:
Some councils and states restrict the types of animals allowed in residential areas, particularly exotic pets or certain breeds considered dangerous. - Example: In NSW, restricted dog breeds (such as American Pit Bull Terriers) face strict controls under the Companion Animals Act 1998 (NSW Government Restricted Dogs).
-
Livestock and Birds:
Chickens, ducks, or aviary birds may be subject to separate local council rules concerning numbers, enclosures, and noise.
Interaction With Strata By-Laws
-
Dual Compliance Required:
Apartment pet owners must comply with both strata by-laws and council regulations. Even if your strata allows a pet, local laws on registration, animal welfare, or noise apply equally. -
Assistance Animals:
Council rules cannot override anti-discrimination protections for certified assistance animals.
Penalties and Compliance
-
Non-compliance Penalties:
Fines for unregistered animals, excessive noise, or failure to contain pets can range from $100 to over $1,000 depending on the infraction and council area. -
Education and Support:
Many councils offer free pet microchipping days, training resources, and educational material to promote responsible ownership.
“Registration with your local council isn’t just a box-ticking exercise—it ensures lost pets can be quickly reunited with their owners and helps councils manage animal welfare and public safety.”
— RSPCA Australia (RSPCA Responsible Pet Ownership)
Best Practices for Responsible Pet Ownership in Apartments
Living with pets in apartments requires a thoughtful, proactive approach to ensure harmony with neighbours, compliance with the law, and the wellbeing of your animals.
Choosing the Right Pet for Apartment Living
Not all animals thrive in high-density environments. When selecting a pet for an apartment, consider:
-
Size and Energy Level:
Small to medium-sized dogs, cats, or small mammals (such as rabbits) are often better suited. -
Noise:
Some breeds are naturally quieter than others. For example, Greyhounds are known for being calm and silent, while certain terriers may bark frequently. -
Exercise Needs:
Pets with lower exercise requirements or those happy with indoor play are ideal. -
Temperament:
Animals that are sociable, well-trained, and accustomed to being indoors will adjust more easily.
Suitable Pets for Apartments (Table)
| Pet Type | Size | Typical Noise | Exercise Needs | Ideal For |
|---|---|---|---|---|
| Cat | Small-Med | Low | Low | Most apartments |
| Small dog (e.g., Cavoodle) | Small | Low-Med | Medium | Small spaces, singles |
| Rabbit | Small | Low | Low | Indoor environments |
| Bird (budgie) | Small | Medium | Low | Experienced owners |
| Fish | N/A | None | Low | Quiet apartments |
“Selecting a pet that matches your home and lifestyle is crucial for the long-term happiness of both the animal and its owner.”
— Dr. Sarah Zito, RSPCA Australia (Pet Selection Guide)
Creating a Pet-Friendly Apartment Environment
-
Secure All Exits:
Make sure balconies, windows, and entryways are safe and cannot be easily accessed by curious pets. -
Set Up a Designated Area:
Provide a specific bed, litter tray, or feeding station for your pet. -
Minimise Disturbance:
Use puzzle toys, regular exercise, and calming aids to prevent boredom and barking or meowing when left alone. -
Odour and Cleanliness:
Clean up after your pet daily, including litter boxes and any mess in common areas.
Socialising and Training
-
Obedience Training:
Invest in basic obedience classes or online training, especially for dogs. This reduces nuisance behaviour and helps pets adjust to new people and environments. -
Socialisation:
Gradually introduce your pet to neighbours, building staff, and other animals in a controlled way to prevent fear or aggression.
Handling Noise and Nuisance
-
Address Problems Early:
If you receive a noise complaint, act quickly to identify and resolve the issue—this may involve additional training, more exercise, or professional support. -
Transparency:
Communicate openly with the owners corporation and your neighbours about your commitment to responsible pet ownership.
Health, Welfare, and Legal Compliance
-
Vaccination and Microchipping:
Ensure pets are up to date with vaccinations and microchipped, as required by law. -
Desexing:
Many councils offer incentives or require desexing for dogs and cats to control population and reduce nuisance.
“Being a good neighbour is as important as being a good pet owner. Thoughtful preparation and communication prevent most problems before they start.”
— Strata Community Association
Useful Resources
- RSPCA Australia – Responsible Pet Ownership
- PetCareShed: Apartment-Friendly Pet Products
- Choice: How to Be a Good Neighbour with Pets
Pet-Friendly Products That Make Apartment Life Easier
With the increasing number of Australians living in apartments, the pet product market has responded with innovative solutions tailored to small-space living. For apartment and strata residents, choosing the right products is not only about convenience—it’s often critical for compliance with by-laws, reducing nuisance, and maintaining harmony in shared environments.
Key Product Categories for Apartment Pet Owners
1. Space-Saving Pet Beds and Furniture
- Benefits: Designed to fit in small rooms or corners, some double as furniture (e.g., ottoman beds for cats or compact dog loungers).
- Features to Look For: Washable covers, non-slip bases, odor-resistant materials.
- Example: PetCareShed: Apartment-Sized Pet Beds
2. Indoor Litter Solutions
-
For Cats and Small Dogs:
- High-walled litter trays or top-entry boxes to minimize mess and odor.
- Self-cleaning systems reduce maintenance and prevent smells—a common concern for neighbours.
- Tips: Place trays in ventilated, private areas and clean regularly to comply with hygiene by-laws.
- Recommended Reading: Choice: Best Cat Litter Solutions
3. Quiet, Non-Invasive Toys
For Dogs and Cats:
- Choose toys that are soft, puzzle-based, or low-noise (e.g., treat dispensers, interactive feeders, plush toys).
- Avoid toys with loud squeakers or bells if noise is a concern for neighbours.
4. Odour and Hygiene Management
-
Essential Products:
- Enzyme-based cleaning sprays
- Air purifiers safe for pets
- Pet-safe deodorisers
- Benefits: Keeps apartments fresh, reduces complaints, and promotes a healthy environment.
5. Safety and Containment Solutions
Balcony Nets and Window Guards:
Prevent accidental falls, especially for cats.
Pet Gates and Playpens:
Useful for containing pets to a specific area when required by building management.
6. Feeding Solutions for Limited Spaces
Stackable or Collapsible Bowls:
Ideal for storage and portability.
Automatic Feeders:
Help maintain a routine, especially if you are out during the day.
7. Eco-Friendly and Allergy-Conscious Products
- Bedding, litter, and cleaning products made from natural materials help reduce allergic reactions in residents.
- Hypoallergenic pet foods can minimise shedding and dander.
How Product Selection Supports Compliance and Harmony
- Noise Control: Puzzle feeders and enrichment toys reduce boredom and barking/meowing.
- Cleanliness: Self-cleaning litter boxes and deodorisers keep odours under control, preventing complaints.
- Safety: Barriers, window screens, and secure beds ensure pets stay within your lot and do not cause nuisance or injury.
“Product choice in apartments is about more than convenience—it’s essential for meeting legal and social obligations in close living quarters.”
— Pet Industry Association of Australia (PIAA)
Shopping for Apartment-Suitable Pet Products
- Seek local retailers or eCommerce stores (such as PetCareShed) that specialise in apartment-friendly ranges.
- Consult with building managers or strata committees for approved product types, especially regarding hygiene and containment.
Sample List: Must-Have Products for Apartment Pet Owners
- Compact, washable pet beds
- High-sided or top-entry litter boxes
- Quiet enrichment and puzzle toys
- Air purifiers and odour-neutralising sprays
- Balcony nets or window guards
- Collapsible food/water bowls
- Automatic pet feeders
Key Case Law and Recent Legal Developments
Legal precedents and tribunal decisions have played a significant role in shaping the landscape for apartment pet owners across Australia. Understanding these cases helps clarify your rights and responsibilities, and provides context for ongoing reforms.
Influential Legal Cases
1. Cooper v The Owners – Strata Plan No 58068 (NSW, 2020–2021)
-
Background:
An apartment owner challenged a blanket “no pets” by-law. -
Outcome:
The NSW Court of Appeal held that such by-laws are “harsh, unconscionable, or oppressive” and therefore invalid under the Strata Schemes Management Act 2015. -
Impact:
Set a legal standard across NSW, triggering reviews of by-laws in other states and encouraging pet-friendly reforms. -
Further Reading:
NSW Caselaw: Cooper v The Owners – Strata Plan No 58068
2. Pets in Paradise [2017] QCAT 77 (Queensland)
-
Background:
A body corporate imposed a by-law restricting dogs by weight (maximum 10 kg). -
Outcome:
The tribunal found this restriction unreasonable, noting that size alone does not determine the impact or suitability of a pet. -
Impact:
Reinforced the need for case-by-case assessment rather than arbitrary restrictions.
3. ACT Reforms (2021)
-
Overview:
The ACT Government amended legislation to prevent owners corporations from unreasonably refusing consent for pets. -
Impact:
Blanket bans are effectively prohibited, positioning the ACT as a national leader in progressive pet ownership laws. -
Reference:
ACT Justice: Pets in Apartments
4. Ongoing Tribunal Decisions
Each state’s civil and administrative tribunals (NCAT, VCAT, QCAT, etc.) continue to set important precedents, especially regarding “reasonable grounds” for refusal or removal of pets.
The Broader Legal Landscape and Ongoing Reform
-
Consumer Advocacy:
Groups such as CHOICE, RSPCA Australia, and Strata Community Association have actively lobbied for more balanced laws. -
Law Reform Commissions:
Several states are reviewing strata and tenancy laws to further improve fairness and clarity regarding pets. -
COVID-19 Pandemic:
The rise in pet ownership during lockdowns has placed additional pressure on lawmakers and buildings to adapt by-laws to modern expectations.
Legal Protections for Assistance and Support Animals
- Assistance animals are protected under federal and state discrimination laws. Buildings cannot lawfully refuse a certified assistance animal, regardless of other by-laws.
-
Reference:
Australian Human Rights Commission: Assistance Animals and the Law
“Strata law is dynamic. Apartment owners and residents should stay informed, as tribunal decisions and government reforms are continuously redefining what’s possible in pet-friendly living.”
— Australian Property Law Expert, Prof. Cathy Sherry, Macquarie University
Frequently Asked Questions
Can my strata building ban all pets?
No, in most Australian states and territories, blanket bans on pets in strata and apartment buildings are either prohibited or strongly discouraged.
Owners corporations or body corporates may set reasonable rules about pet types, numbers, and behaviour, but each application must be considered individually. Recent court decisions, especially in NSW and the ACT, have made blanket bans unenforceable in those jurisdictions.
Reference: NSW Fair Trading – Keeping Animals in Strata Schemes
What happens if my neighbour complains about my pet?
If your neighbour raises a concern (e.g., noise, damage, or nuisance), address it promptly and courteously.
Strata committees will usually seek to resolve the issue informally first. If the problem persists, formal complaints may be made, and you could be required to take corrective action. Unresolved disputes can escalate to mediation or be heard at a state tribunal.
Reference: Strata Community Association – Resolving Disputes
Are assistance and support animals treated differently under the law?
Yes. Certified assistance animals (such as guide dogs) have special legal protections under federal and state anti-discrimination laws.
Strata or building by-laws cannot prohibit assistance animals, and consent cannot be unreasonably withheld.
Reference: Australian Human Rights Commission – Assistance Animals
How do I appeal if my pet application is refused?
You have the right to request written reasons for a refusal.
If you believe the decision was unreasonable, you may appeal through your state’s tribunal (e.g., NCAT in NSW, VCAT in Victoria, QCAT in Queensland). Tribunals consider whether the owners corporation’s reasons are fair and supported by evidence.
Reference: NSW Civil and Administrative Tribunal (NCAT) – Strata and Community Schemes
What pet products are best for apartment living?
Look for space-saving, quiet, and hygienic pet products:
- Compact beds and litter trays
- Odour control sprays and air purifiers
- Quiet, puzzle-based toys
- Secure barriers for balconies and windows
- Automatic feeders and waterers
For a curated range of apartment-suitable pet products, see PetCareShed Apartment Pet Range.
Are there any pet types that are never allowed in apartments?
Dangerous, restricted, or exotic animals are often regulated by both local council and state law.
Some dog breeds may be prohibited or subject to special requirements. Livestock and certain birds may also be restricted depending on council rules. Always check both your strata by-laws and local council regulations before acquiring a pet.
Do I need council approval in addition to strata approval?
Yes, you must comply with both strata rules and local council laws.
This includes animal registration, microchipping, and limits on pet numbers. Even if your building approves your pet, you may still need a council permit for some species or for exceeding the usual limit of animals per household.
Reference: City of Sydney – Pet Registration
What if I rent in an apartment—does this affect my rights?
Yes. Renters must obtain both landlord and strata approval for pets.
Even if strata by-laws permit pets, your lease may include a ‘no pets’ clause. Always check your rental agreement and seek written consent from your landlord before acquiring a pet. Recent tenancy law reforms in Victoria and the ACT have made it easier for renters to keep pets, but requirements still vary by state.
Can an owners corporation make me remove my pet?
Only if your pet causes ongoing nuisance, danger, or breaches reasonable by-laws can removal be required.
This typically follows a series of complaints, investigations, and tribunal orders. Well-behaved pets that do not disturb others are rarely subject to removal.
Final Notes
Understanding pet ownership laws in apartments and strata schemes is critical for ensuring a happy, hassle-free life with your animal companion. Laws are evolving, and the trend is toward greater inclusivity and fairness for pet owners—provided responsibilities are met.
For the most up-to-date advice, always consult your state government resources, local council, and reputable organisations such as the RSPCA and Strata Community Association.
