Introduction

Whether pets can be kept in strata properties is a common concern for residents in New South Wales. Historically, some owners corporations sought to impose strict rules, including outright bans on animals, leading to uncertainty for pet owners living in or considering moving into strata schemes.

However, significant legal developments, including key court decisions like Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 and major legislative reforms in 2023 and 2025, have clarified the rights of residents regarding pet ownership. While blanket bans are generally invalid, owners corporations can still regulate pet ownership through reasonable by-laws aimed at preventing ‘unreasonable interference’. Understanding the current legal framework, the approval process, and dispute resolution options is essential for both pet owners and strata committees.

Are Pets Allowed in NSW Strata Properties? Can the Owners Corporation Ban Pets in Strata?

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.

In the landmark case of Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250, the court ruled that by-laws creating a blanket ban on pets are invalid. The court’s decision was based on several key legal points:

• Owners in a strata scheme hold a freehold estate, meaning each lot owner has property rights, including the right to keep a pet
• A by-law that entirely prohibits pets is considered oppressive and invalid
• Such bans prevent lot owners from exercising their property rights without providing any significant benefit to other owners
• These bans also prevent residents’ use and enjoyment of their property

Any by-law that seeks to ban pets within a lot or common property is not valid, even if it was unanimously passed by the owners corporation.

The NSW Government has introduced multiple reforms to make it easier for residents to keep pets. Key changes under the Strata Legislation Amendment Act 2023 (NSW), which commenced on 11 December 2023, have been further supported by the Community Land Management Amendment (Pets) Regulation 2024 (NSW), which ensures pet rules are consistent across different types of community living schemes.  

A Clear Distinction: Rules for Lot Owners vs. Tenants

When it comes to keeping a pet in a strata scheme, the rules and approval processes you must follow depend on whether you are a lot owner or a tenant. The legal frameworks governing each are distinct.

For Lot Owners

As a property owner, your primary legal relationship is with the owners corporation. Your right to keep a pet is an extension of your property rights, and the owners corporation cannot unreasonably deny your request. Their decision must be based on the sole legal test of whether your specific pet causes, or is likely to cause, ‘unreasonable interference’ with other residents.  

For Tenants

As a tenant, you face a dual-approval process and must navigate two separate sets of laws: the Residential Tenancies Act 2010 (NSW) for your landlord’s permission and the Strata Schemes Management Act 2015 (NSW) for the owners corporation’s approval.  

Crucially, you need approval from both your landlord and the owners corporation before bringing a pet home. One approval is not enough to be compliant with both your lease and the scheme’s by-laws.  

Legalities to Keep Pets in a Strata Scheme: Pet Approval Process

While neither the owners corporation nor your landlord can outrightly prohibit you from keeping pets, there are a few procedural formalities you may be required to fulfil before you can bring your pet home.

New Rules for Tenants: Landlord Permission

As of 19 May 2025, the rules for tenants wanting to keep a pet have changed significantly under the Residential Tenancies Amendment Act 2024 (NSW) and the Residential Tenancies Amendment Regulation 2025 (NSW). While you still require your landlord’s permission, they can no longer refuse your request without a specific, legally prescribed reason.  

The new process is as follows:

• Formal Application: You must submit a standard pet application form to your landlord or agent.  
• 21-Day Response Time: Your landlord has 21 days to respond in writing. If they fail to respond within this timeframe, your pet is automatically approved.  
• Limited Reasons for Refusal: A landlord can only refuse your request for one of the specific reasons listed in the regulations. They cannot issue a blanket “no pets” rule and must explain in writing why their chosen reason applies.  

Landlords are not permitted to ask for a pet deposit or charge a higher rental bond for tenants with pets.  

Below is a summary of the only reasons a landlord can use to refuse a pet request:

Prescribed Reason for Refusal	Explanation
Unreasonable number of animals	If keeping the pet would violate local council rules or strata by-laws. This means you must also get approval from the owners corporation, if required by your scheme’s by-laws.
Premises are unsuitable	If the property has inappropriate fencing or insufficient space. This reason cannot be used if the pet will be kept indoors or in an enclosure.
Animal will cause excessive damage	If there is a high probability the pet will cause damage that costs more to repair than the rental bond.
Animal not allowed under other laws	If keeping the pet would violate local council rules or strata by-laws. This means you must also get approval from the owners corporation if required by your scheme’s by-laws.
Landlord lives in the rental home	This applies if the landlord is also a resident of the same property, including head-tenants who are subletting a room.
Tenant did not agree to reasonable conditions	If the landlord proposes reasonable conditions (e.g., professional carpet cleaning at the end of the lease) and you do not agree to them.

Go Through the Strata By-laws on Pet Ownership

Owners corporation or strata management can set their own by-laws regarding pets, so it is essential to review your scheme’s strata by-laws. While they can establish guidelines on pet ownership, by-laws that completely ban all pets or restrict them based on size, type, or quantity are not valid, as held in Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250.

By-laws typically address how pets should be managed within the strata community. This often includes rules such as:

• Keeping the animal within your property
• Supervising the animal when on common property
• Cleaning up after the animal on common property

Make sure to familiarise yourself with these rules to ensure compliance. Importantly, by-laws about pets cannot require you to pay a fee, bond, or insurance for keeping a pet. Understanding and adhering to these by-laws helps maintain a harmonious living environment within the strata scheme.

Apply to the Owners Corporation

If you have a pet or are planning to get one, most owners corporations will require you to notify the secretary or strata manager in writing. It’s important to check your scheme’s by-laws to understand the specific process and information required for approval. Typically, the owners corporation may ask for details such as:

• The pet’s name, type, breed, weight, and age
• A photo of the pet
• Pet vaccination records and a microchip number (if your pet needs these in NSW)

Make sure to follow the outlined procedures and provide all necessary information to ensure your application is processed smoothly.

Can Owners Corporation Refuse Pets or Deny Permission to Keep Pets?

Owners corporations must adhere to specific rules when deciding on pet applications. If these rules are not followed, your pet application will be automatically approved.

The owners corporation can only reject a pet if it causes ‘unreasonable interference.’ Examples of this include dogs that are a restricted breed or have been declared dangerous or menacing. The decision on your application must also be made within a ‘reasonable timeframe.’

Unreasonable interference is not based on speculation about a pet’s breed or size. It refers to the actual behaviour of a specific animal that negatively impacts other residents. The law provides clear examples of what constitutes unreasonable interference, including when 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 animal.  
• Repeatedly causes damage to common property or another lot.  
• Endangers the health of another resident through infection or infestation.  
• Causes a persistent and unpleasant odour in common areas or another lot.

Additionally, it is considered unreasonable interference if:

• The owner of a cat or dog breaches a nuisance order placed on the animal
• A dog is classified as dangerous or menacing
• A dog is a restricted breed under the Companion Animals Act 1998 (NSW)

What to do if the Owners Corporation Refuses Your Pet?

If the owners corporation has denied your request to keep a pet, and you believe this decision is unreasonable, there are several steps you can take for dispute resolution:

Mediation

The first step in resolving common strata disputes with the owners corporation is mediation. This involves a neutral mediator assisting both parties in reaching an agreement.

Key aspects of the mediation process:

• All parties must agree to participate
• The outcome is binding once agreed upon
• Mediation services are available through NSW Fair Trading and private providers

Appeal to the New South Wales Civil and Administrative Tribunal

If mediation does not resolve the issue, you can apply to the New South Wales Civil and Administrative Tribunal (NCAT) for a binding order.  

The NCAT has the power to make specific orders regarding pets. For example, it can make an order permitting you to keep your pet if it finds the owners corporation has unreasonably withheld its consent (Strata Schemes Management Act 2015 (NSW) s 157). Conversely, it can also order the removal of a pet that is causing a nuisance or hazard (Strata Schemes Management Act 2015 (NSW) s 158).

The NCAT will dismiss the appeal if it determines the matter was appropriately handled by the Adjudicator.

By following these steps, you can effectively address and resolve issues if the owners corporation denies your pet application.

Do You Have to Pay a Fee or Bond to Keep a Pet? 

One key reform introduced by the Strata Legislation Amendment Act 2023 (NSW) is that strata residents can now keep pets without being charged a fee, bond, or insurance by the owners corporation. This change provides peace of mind for pet owners.

Are Assistance Animals Allowed in Strata?

Assistance animals are permitted to live in strata schemes, and no by-laws can prevent them from doing so. Any rule that limits the ability of an assistance animal to perform its duties within a lot or on common property is not allowed.

Under the Strata Legislation Amendment Act 2023 (NSW), an owners corporation can only ask for one of the following as proof :  

• Evidence that the animal holds an accreditation under a State or Territory law (such as a permit from Service NSW).
• A statutory declaration from the owner confirming the animal has been trained to assist a person with a disability and meets appropriate standards of hygiene and behaviour for a public place.

However, owners corporations cannot ask for private medical records as proof.

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 statewide rules that could influence strata by-laws in the coming years.

Key Takeaway: Strata Committee Cannot Refuse Pets Without Reason

In summary, pets are generally permitted in NSW strata properties, and owners corporations cannot enforce blanket bans, thanks to legal precedents and recent reforms. While reasonable by-laws can regulate pet ownership (e.g., supervision on common property), refusal must be based on specific grounds like ‘unreasonable interference’. Tenants still require landlord permission, and assistance animals have protected rights. Understanding the approval process, dispute resolution options like mediation and NCAT, and your scheme’s specific by-laws is essential for harmonious pet ownership within a strata community.

Navigating pet approvals and related strata disputes can sometimes be complex. If you encounter difficulties with your owners corporation regarding pet ownership or need clarification on your rights and the applicable by-laws, it is recommended you seek expert assistance. For help with your strata pet matters, contact PBL Law Group’s experienced strata lawyers.

Frequently Asked Questions (FAQ)