New laws for pets in strata schemes in NSW

Learn the latest legalities surrounding pet ownership on strata property with O’Hearn Lawyers.

With one of the highest rates of pet ownership in the world and a significant shift to apartment living underway, Australia is home to many families seeking to keep pets in strata schemes.

And a recent legislative update reflects this trend. The NSW government has introduced new laws that put an end to blanket bans on pets in strata. In short, an owners corporation can only refuse to allow an animal in such a complex if it unreasonably interferes with another resident’s use and enjoyment of their lot or common property.

This change has implications for various parties, including those who:

• Have a pet and want to move into a unit or apartment;
• Already live in a strata complex that prohibits pets but want to adopt one;
• Live next to a neighbour with a pet; or
• Are part of a strata management firm or owners corporation and need to know the rules in relation to pet ownership

Whatever your position, it’s important to understand your rights and responsibilities when it comes to owning pets in strata schemes. To help you stay informed, our legal experts explain the new strata laws for pets in NSW below.

What are the new strata laws for pets in NSW?

The new strata laws for pets in NSW have come into effect as of August 25th 2021. Under the Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021, owner corporations can no longer unreasonably deny permission or enforce rules on pets beyond preventing a nuisance or hazard for other occupants. 

This comes after previous blanket pet bans in strata were found to be in breach of NSW strata scheme legislation because of their “harsh, unconscionable or oppressive” nature.

Now, strata by-laws that unreasonably prohibit pets in strata buildings will hold no legal weight. As a result, strata residents will find it much easier to keep their beloved animals in their apartments, units or townhouses. 

 

Can strata schemes still ban pets?

 Yes, strata schemes may still ban pets in certain situations. While occupants can now more easily enjoy the pleasures of owning a pet, it’s important to remember that other residents must be considered as well. 

Therefore, strata schemes retain the power to set reasonable conditions under their own by-laws, such as where pets are allowed to enter or exit the property.

The new legislation also specifies a list of grounds under which strata residents may still be forbidden from keeping pets. Under the Act, strata regulations may detail circumstances whereby having pets unreasonably impacts another occupant’s use and enjoyment of their lot or the common property. 

These circumstances include the animal: 

• Making persistent noise that unreasonably affects another occupant’s peace, comfort or convenience; or
• Repeatedly chasing another occupant, visitor or pet; or
• Attacking or threatening another occupant, visitor or pet; or
• Repeatedly damaging another lot or the common property; or
• Endangering the health of occupants with infection or infestation; or
• Producing a persistent offensive odour in another lot or the common property

Any owner or occupier within the strata scheme can apply for an order to remove your pet on such ground – even if you have obtained permission to keep a pet from both your landlord and the owners corporation. To reduce this risk, we recommend ensuring your pet is properly trained.

Can tenants own pets on strata property?

If you are renting within a strata scheme, there is another level of permission to consider. Whether you can keep a pet on the property is determined by the terms of your lease. And unfortunately, even if your strata scheme permits pets, your landlord may not.

Although the Residential Tenancies Act 2010 (NSW) does not forbid a tenant from keeping a pet or require a request for landlord consent, landlords often include a clause in the lease agreement that bans pets. 

In other words, make sure to check the terms of your lease before bringing home a furry companion.

Implications for owners corporations

The new strata laws for pets in NSW bring important considerations for owner corporations. More specifically, if lot owners appeal strata committee decisions banning them from keeping a pet, their owners corporation may face fees from the NSW Civil and Administrative Tribunal (NCAT).

With this in mind, owners corporations should update their by-laws to support a fair pet application process, and ensure all decisions made regarding animals are reasonable and just for all parties involved.

Get expert legal advice from trusted property lawyers

These new strata laws for pets in NSW have been structured to strike a balance for all occupants. In summary, the pivotal update ends blanket bans on pets while equipping owners corporations with guidelines on how to ensure these four-legged family members aren’t a nuisance for neighbours.

If you have any questions regarding your rights and responsibilities on this issue or would like assistance in having your pet approved by your owners corporation, please give us a call today. Our property lawyers have extensive experience in navigating the intricacies of strata law and are here to guide you through any legal matter.