Can You Have Pets in a Strata Building? How to Check the By-Laws

You have found the perfect apartment. The kitchen is renovated, the balcony catches the morning sun, and it is walking distance to the park where your dog would love to run. But can you actually keep your dog there?

In Australian strata buildings, the rules around pets are governed by by-laws -- and they vary significantly depending on the state, the specific scheme, and when those by-laws were last updated. If you are a pet owner looking to buy a strata property, checking the by-laws is not optional. It is essential.

This guide explains the current legal landscape across NSW, VIC, and QLD, what to look for in a strata report, and how to make sure you are not caught out after settlement.

The 2021 NSW Changes: You Cannot Unreasonably Refuse Pets

The most significant shift in Australian strata pet rules came in 2021 when the NSW Court of Appeal handed down its landmark decision in Cooper v The Owners -- Strata Plan No 58068. The court ruled that blanket bans on pets in strata schemes are harsh, unconscionable, and oppressive under the Strata Schemes Management Act 2015 (NSW).

Following this decision, the NSW Government introduced amendments that effectively established a new principle: an owners corporation cannot unreasonably refuse permission for a lot owner or occupier to keep a companion animal.

What this means in practice:

• A strata scheme in NSW can no longer enforce a by-law that simply says "no pets allowed."
• The owners corporation can still require you to seek approval before bringing a pet into the building.
• Approval can only be refused on reasonable grounds -- for example, if the animal poses a genuine safety risk or if the lot is unsuitable for the type of animal.
• The burden falls on the owners corporation to demonstrate that the refusal is reasonable, not on the pet owner to justify their request.

This was a major win for pet owners in NSW. However, it does not mean anything goes. The owners corporation can still impose reasonable conditions on pet keeping, and the by-laws will spell out what those conditions are.

How It Differs in Victoria and Queensland

Victoria

Victoria does not have the same blanket protection for pet owners that NSW introduced. Under the Owners Corporations Act 2006 (VIC), the model rules include a provision that an occupier must not keep an animal on the lot or common property without the written approval of the owners corporation.

In practice, many Victorian strata schemes still enforce outright pet bans through their by-laws, and these remain legally valid. While VCAT (the Victorian Civil and Administrative Tribunal) has occasionally struck down unreasonable pet restrictions, there is no broad legislative prohibition against blanket bans as there is in NSW.

Key takeaway for Victorian buyers: Do not assume you can keep a pet. Check the by-laws carefully and confirm the current position with the owners corporation before you commit to a purchase.

Queensland

Queensland sits somewhere between NSW and Victoria. Under the Body Corporate and Community Management Act 1997 (QLD), by-laws cannot be unreasonable -- a test that has been applied to pet restrictions in several adjudication decisions.

The QLD Commissioner for Body Corporate and Community Management has generally found that blanket pet bans are unreasonable, but the legal landscape is less settled than in NSW. Individual body corporates can still impose conditions and require approval, and the outcome often depends on the specific circumstances.

Key takeaway for Queensland buyers: Blanket bans are unlikely to be enforceable, but the by-laws may still contain significant restrictions. Read them carefully.

Where to Find Pet Rules in a Strata Report

When you order a strata report, the by-laws section is where you will find the pet rules. Here is what to look for:

The By-Laws Schedule

Every strata scheme has a set of registered by-laws. These may be the model by-laws that come with the legislation (sometimes called the "default" by-laws) or custom by-laws that the owners corporation has adopted and registered with the land titles office.

Look for by-laws that deal specifically with:

• Animals or pets -- the by-law may use the term "animals," "pets," or "companion animals."
• Approval requirements -- does the by-law require written approval from the strata committee or a general meeting resolution?
• Conditions of keeping -- restrictions on where the animal can be in common areas, leash requirements, noise obligations, and waste disposal rules.
• Revocation clauses -- can approval be withdrawn, and under what circumstances?

Common Restrictions You Will Find

Even in buildings that permit pets, the by-laws typically impose conditions. Common restrictions include:

• Size and weight limits. Some by-laws cap pets at a certain weight -- 10 kg or 15 kg limits are common. This effectively excludes many popular dog breeds, so check whether your pet (or future pet) falls within the limit.
• Breed restrictions. Certain by-laws prohibit specific breeds deemed dangerous or aggressive. These restrictions often mirror local council dangerous dog breed lists.
• Number limits. Many schemes restrict the number of pets per lot -- typically one or two.
• Registration requirements. You may need to register your pet with the strata manager and provide proof of council registration, microchipping, and vaccination.
• Common area rules. Most by-laws require pets to be carried or kept on a leash in common areas. Some prohibit pets from using lifts during peak hours, or require owners to use a designated pet-friendly lift in buildings with multiple lifts.
• Balcony and outdoor area rules. Restrictions on leaving pets unattended on balconies are common, particularly to address noise complaints and safety concerns.
• Waste and cleanliness. Owners are typically required to immediately clean up after their pets on common property.

What "Unreasonably Refuse" Actually Means

In NSW (and increasingly in QLD), the legal test is whether a refusal to permit a pet is unreasonable. But what does that look like in practice?

Likely reasonable grounds to refuse:

• The animal is a restricted or dangerous breed under state or local government legislation.
• The lot is physically unsuitable -- for example, a small studio apartment for a large working breed of dog.
• The animal poses a documented health or safety risk to other occupants (such as a venomous reptile in a building without appropriate containment).
• The owner has a history of not complying with pet-related by-laws in the scheme.

Likely unreasonable grounds to refuse:

• A general preference among other residents for a pet-free building, without specific grounds.
• Concerns about potential noise or damage that are speculative rather than evidence-based.
• Applying blanket restrictions (such as a weight limit) without considering the individual animal's temperament and suitability.
• Refusing because the building has never had pets before.

If you are refused permission and believe the refusal is unreasonable, you can apply to the relevant tribunal (NCAT in NSW, QCAT in QLD) for a review.

What to Look for in Meeting Minutes

The by-laws tell you the rules on paper. The meeting minutes tell you how those rules play out in reality. When reviewing a strata report, pay attention to:

• Pet approval motions. Have pet approvals been discussed at committee meetings or general meetings? Were they approved or rejected? The pattern of decisions tells you whether the building is genuinely pet-friendly or merely compliant on paper.
• Complaints about pets. Repeated complaints about noise, fouling of common areas, or aggressive behaviour suggest a building where keeping a pet may involve ongoing friction with neighbours.
• By-law amendment proposals. Has the owners corporation recently proposed or passed changes to the pet by-laws? A move to tighten restrictions is a warning sign for pet owners.
• Disputes and tribunal actions. Any reference to pet-related disputes, mediation, or tribunal applications indicates a building where pet ownership is contentious.

These details are easy to miss in a thick strata report, but they give you a far more realistic picture than the by-laws alone. For a broader guide to interpreting meeting minutes and other report sections, see our post on what to look for in a strata report before buying.

Check the By-Laws Before You Buy, Not After

This is the single most important piece of advice in this article. Check the strata by-laws before you exchange contracts, not after you have moved in.

Too many buyers fall in love with a property, rush through the cooling-off period, and only discover the pet restrictions when they try to move their cat or dog in. At that point, your options are limited:

• You can apply for approval and hope the committee says yes.
• You can challenge an unreasonable refusal through the tribunal -- which costs time, money, and stress.
• You can try to amend the by-laws at a general meeting -- which requires a special resolution (75% support), a process that can take months and may not succeed.

None of these are situations you want to be in after committing to a purchase. The far better approach is to read the by-laws, check the meeting minutes, and confirm the building's attitude toward pets before you make your decision. This applies equally to the financial health checks you should be running on any strata property.

Get a Clear Answer in Minutes

Strata reports can run to hundreds of pages, and the pet by-laws may be buried deep in a schedule of registered by-laws written in dense legal language. You should not need a law degree to find out if your dog is welcome.

Upload your strata report to CheckStrata.ai for just $5 and ask our AI chat: "Can I have a dog in this building?" -- you will get the answer with the exact by-law reference, in plain English, in minutes rather than hours.