Pets in Strata in 2026: Can You Keep a Pet in the NSW Strata Scheme?

Introduction

Living in a strata scheme in New South Wales often raises questions about whether pets are allowed and what rules apply to their ownership. Recent legal reforms and landmark court decisions have clarified that while owners corporations cannot impose blanket bans on pets, reasonable by-laws and processes still govern pet ownership in strata communities.

Understanding the current legal framework is essential for both lot owners and owners corporations to ensure compliance and harmonious living. This guide provides practical information to help residents and strata committees navigate pet ownership, approval processes, and their respective rights and responsibilities within NSW strata schemes.

Interactive Tool: See If You Can Legally Keep a Pet in Strata

Are Pets Allowed in NSW Strata Properties?

Yes, pets are allowed in strata properties. An owners corporation cannot prevent you from having a pet unless the pet causes ‘unreasonable interference’, which essentially means that your pet should not disturb other residents.

The End of Blanket Pet Bans in Strata Schemes

A landmark decision by the NSW Court of Appeal has fundamentally changed the rules for keeping pets in strata schemes. In the case of Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250, the court ruled that by-laws imposing a blanket ban on all pets are oppressive and invalid. This means an owners corporation can no longer enforce a rule that prohibits all animals from the building.

The court’s decision rested on several important legal principles protecting property owners’ rights. The key findings were:

• Lot owners in a strata scheme possess a freehold estate, which includes fundamental property rights such as the ability to keep a pet.
• A by-law that completely prohibits pets is considered oppressive because it unreasonably interferes with a lot owner’s use and enjoyment of their property.
• Such bans prevent residents from exercising their property rights without providing any meaningful benefit to other owners in the strata scheme.

As a result of this ruling, any by-law that attempts to enforce a blanket ban on pets is considered invalid, even if it was passed unanimously by the owners corporation.

Key Legislative Reforms Allowing Strata Pet Ownership

Following the Cooper decision, the NSW Government introduced several legislative reforms to make it easier for residents to keep pets in strata properties. These changes clarify the rules for both pet owners and owners corporations, ensuring a fairer and more consistent approach across the state.

The Strata Legislation Amendment Act 2023 (NSW), which commenced on 11 December 2023, is a key piece of legislation in this area. One of the most significant changes introduced by this Act is the prohibition on owners corporations charging fees for pet ownership.

Owners corporations are prohibited from requiring residents to:

• Pay a fee
• Lodge a bond
• Take out insurance

This reform ensures that pet ownership is not subject to unreasonable financial conditions.

Different Rules for Lot Owners vs. Tenants

For Lot Owners

As a property owner in a strata scheme, your right to keep a pet is considered an extension of your property rights. Your primary legal relationship is with the owners corporation, which cannot unreasonably deny your request to have an animal.

The decision made by the owners corporation must be based on the single legal test of whether your specific pet causes, or is likely to cause, ‘unreasonable interference’ with other residents in the strata community.

For Tenants

If you are a tenant, you face a dual-approval process that requires navigating two separate laws. You must secure permission from both your landlord under the Residential Tenancies Act 2010 (NSW) and the owners corporation under the Strata Schemes Management Act 2015 (NSW).

It is essential to understand that approval from one party is not sufficient. Before bringing a pet into a strata property, tenants must successfully complete both steps of this process:

• Owners Corporation Approval: You must also apply to the owners corporation according to the specific by-laws of your strata scheme. This is a separate application and is necessary to comply with the rules of the building. 
• Landlord Approval: Recent changes to tenancy laws require you to submit a formal application to your landlord. They have 21 days to respond in writing and can only refuse for specific, prescribed reasons. If they do not respond within this timeframe, your request is automatically approved.

Navigating the Pet Approval Process in Your Strata Scheme

Reviewing Your Strata Scheme’s Pet By-Laws

Before bringing a pet into your home, it is essential to review your strata scheme’s specific by-laws. While an owners corporation cannot enforce a by-law that imposes a blanket ban on pets, as established in the case of Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250, they can set reasonable rules for pet ownership.

These by-laws outline how pets should be managed within the strata community to ensure harmony among residents. The rules often cover practical aspects of pet ownership, such as:

• Keeping your pet contained within your lot.
• Requiring supervision when your pet is on common property.
• Cleaning up after your animal on common property.

Familiarising yourself with these guidelines is a crucial first step. It ensures you understand your responsibilities and can comply with the rules of your strata scheme.

Applying to the Owners Corporation for Your Pet

Most strata schemes require you to formally apply for approval before keeping a pet. This process typically involves writing to the owners corporation secretary or the strata manager. Your scheme’s by-laws will specify the exact procedure and the information you need to provide.

To support your application, it is helpful to include comprehensive details about your pet. Consider providing the following information:

• Basic Details: Your pet’s name, type, breed, age, and weight.
• Identification: A recent photo and the pet’s microchip number.
• Health Records: Proof of up-to-date vaccinations and desexing.
• Temperament: A description of your pet’s disposition, noting if it is friendly or has undergone obedience training.
• References: If available, include references from previous landlords or neighbours that attest to your pet’s good behaviour.

New Microchipping & Registration Requirements in NSW

As of 1 July 2024, all cats and dogs in NSW, including those living in a strata scheme, must be microchipped and registered. This is a mandatory requirement for all pet owners in the state.

The regulations specify that cats and dogs must be microchipped by 12 weeks of age, or before they are sold or given away. Following this, they must be registered on the NSW Pet Registry.

It is also the owner’s responsibility to create an account on the registry and ensure their contact details are always kept up-to-date. This is vital for reuniting lost pets with their owners in a strata community.

When Can an Owners Corporation Refuse a Pet in Strata

What Constitutes Unreasonable Interference

An owners corporation can only refuse a pet application if the animal causes unreasonable interference. This decision must be based on the actual behaviour of the specific animal and its negative impact on other residents in the strata scheme, rather than speculation about a pet’s breed or size.

The law provides clear examples of what is considered unreasonable interference. These behaviours include situations where the animal:

• Makes persistent noise that unreasonably disrupts the peace, comfort, or convenience of another resident.
• Repeatedly runs at, chases, attacks, or otherwise menaces another resident or their pet.
• Causes repeated damage to common property or another person’s lot.
• Endangers the health of another resident through infection or infestation.
• Creates a persistent and unpleasant odour that affects common areas or another lot.

Additionally, unreasonable interference is automatically established if the pet is a restricted breed under the Companion Animals Act 1998 (NSW), or if it has been officially classified as a dangerous or menacing dog.

The Rules an Owners Corporation Must Follow When Deciding

When considering a pet application, the owners corporation must adhere to a strict set of rules. The primary rule is that they can only reject a pet if it is proven to cause unreasonable interference.

Furthermore, the decision on the application must be made within a reasonable timeframe. If the owners corporation fails to follow these rules—either by rejecting a pet for a reason other than unreasonable interference or by not making a decision in a reasonable time—the pet application is automatically approved.

What to Do if Your Strata Pet Application is Refused

Resolving Disputes Through Mediation

When your pet application is refused, the first step is to pursue strata dispute mediation with the owners corporation. This process engages a neutral third party who helps both sides discuss the issue and strive for a mutual agreement.

Key aspects of mediation include:

• Structured negotiation that requires the agreement of all parties to proceed.
• Availability through NSW Fair Trading, which offers services for common strata disputes and how to resolve them.
• Mandatory attempt to resolve the disagreement before any further escalation.

Appealing to the NSW Civil & Administrative Tribunal (NCAT)

If mediation fails, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for a legally binding order. However, tenants must have their landlord’s consent before lodging an application to challenge the owners corporation’s decision.

Under the Strata Schemes Management Act 2015 (NSW), NCAT may:

• Order the owners corporation to permit you to keep your pet if it finds consent was unreasonably withheld.
• Require the removal of a pet that is causing a nuisance or hazard.

Key Rules for Assistance Animals & Pet Bonds in Strata

Understanding the Rules for Assistance Animals in Strata

First, recognise that assistance animals are always permitted to live in strata schemes. Consequently, no by-law or rule may prevent them from residing in a lot or accessing common property, nor restrict their ability to perform their duties.

Although an owners corporation cannot ban an assistance animal, it may request evidence to confirm the animal’s status. Under the Strata Legislation Amendment Act 2023 (NSW), you may be asked to provide one of the following:

• Evidence that the animal is accredited under a state or territory law.
• A statutory declaration from the owner confirming the animal is trained to assist a person with a disability and meets appropriate standards of hygiene and behaviour.
• An identity card or permit from a recognised assistance animal training organisation.
• A written statement from a registered health practitioner confirming the animal’s status.

Importantly, the owners corporation cannot specify which type of evidence you must provide, nor can it request access to private medical records.

Prohibition of Pet Fees, Bonds & Insurance in Strata

Under the Strata Legislation Amendment Act 2023 (NSW), charging residents for pet ownership is prohibited. As a result, an owners corporation may not require any of the following:

• A fee for keeping a pet.
• A bond lodged for a pet.
• Any form of insurance for keeping a pet within a strata lot.

This reform ensures that pet ownership in a strata scheme is not subject to unreasonable financial conditions.

Future Watch: 2025 Review of the Companion Animals Act

The NSW Government is currently undertaking a major review of the Companion Animals Act 1998 (NSW), with a discussion paper released in February 2025. This Act governs the responsibilities of all dog and cat owners in the state. Key proposals being considered that may affect strata residents in the future include :  

• Cat Containment: Giving local councils the power to mandate that cats be kept indoors or within their owner’s property 24/7 to protect native wildlife.
• Responsible Ownership: Introducing new education and enforcement measures to encourage responsible pet ownership and manage dangerous or menacing dogs more effectively.

The outcomes of this review may lead to new state-wide rules that could influence strata by-laws in the coming years.

There has been no updates to the current laws as of 21st December 2025.

Conclusion

Recent legal reforms and court decisions have affirmed that while blanket pet bans are unlawful in NSW strata schemes, pet ownership is still subject to reasonable rules. Residents must navigate approval processes and adhere to by-laws designed to prevent unreasonable interference, ensuring a harmonious community for everyone.

If you are facing difficulties with your owners corporation regarding pet ownership or are involved in a dispute, contact the strata dispute lawyers at PBL Law Group for trusted expertise. Our experienced strata lawyers in Sydney are ready to provide specialised legal services tailored to your needs and help you achieve peace of mind.

Frequently Asked Questions (FAQ)