Can You Have Pets in Strata Buildings? A Comprehensive Guide for 2023

According to the latest research from the RSPCA, 69% of Australian households in Australia own a pet. With 48% of us owning a dog, and a further 33% owning a cat, pet ownership is an integral part of Australian life.

So, with 69% of Australian’s owning a pet, and 17% of the population living in strata title properties, it’s important to know the rules and regulations surrounding pet ownership so that you know where you stand when it comes to owning a pet in a strata building.

This simple guide will outline what you need to know about pet ownership in a strata building, important factors that you need to consider, and what to do if you have concerns about another resident’s pet in a strata property. Unless otherwise mentioned, this guide is based on South Australia.

Are pets allowed in strata buildings?

In South Australia, common ownership buildings prior to 1996 were under the Strata Titles Act, and since then under the Community Titles Act.

Under Strata Title, the default Articles prohibit pets without the corporation’s consent.

Under Community Title, there is no default By-Laws and hence it is different for each Corporation.

It is possible in Community Title that there can be a rule that allows pets so long as the pet does not cause “unreasonable interference” to other residents in the building.

Instances that may be classed as “unreasonable interference” include:

• Animals that make persistent noise that interferes with another occupant’s peace, comfort, or convenience.
• The animal repeatedly chases or attacks another occupant or their visitors or animals.
• The animal causes damage to another property or property owned by another occupant.
• The animal endangers the health and safety of another occupant through infection or sickness.
• The animal causes a persistent, offensive odour that reaches other properties.
• The dog is categorised as a ‘restricted breed’ in accordance with the Companion Animals Act 1998.

In general, pets that do not cause interference or offence to other residents through noise, smell, hygiene, or behaviour are unlikely to be affected under the umbrella of “unreasonable interference”.

What are the general rules for keeping a pet in a strata building?

In Australia, the rules for keeping pets in strata properties will vary depending on the state and the strata bylaws of your strata scheme. To find out the rules that are applicable to your strata building and your pet, you should always refer to your by-laws document.

Some of the common restrictions that exist for pets in strata buildings include:

• The number of pets that you have
• The breed of the pet (dogs must not be on a dangerous breed list)
• Owners must clean up after their animals
• Odour and noise must not interfere with the peace and quiet of other residents

Living in a strata building means living as part of a larger community. Abiding by a shared set of rules when it comes to pets protects the best interests of all residents and ensures that pet owners and other residents can safely share spaces and maintain peaceful living standards.

Can an body corporate create laws to govern pet ownership?

Yes.

The body corporate may choose to create their own set of rules for pets in strata buildings, however, following recent higher court decisions in other states, it is possible that by-laws that ban pets outright could be challenged.

How do I inform the body corporate about my pet?

If you are bringing a pet into a strata managed building, then you may have a responsibility to inform the body corporate or strata committee in writing that you intend to have a pet. Again, your best point of reference is your own strata by-laws so that you can understand the laws that apply to your building.  If you are unsure it is always best to check with your strata manager or strata management company.

Each building and body corporate will have slightly different rules and procedures in place when it comes to bringing a pet into the building. Depending on your body corporate, they may ask you to submit information that relates to the animals age, breed, sex, vaccination status, and microchip records.

Is it the same rules for renters and owners?

Both renters and owners are governed by the strata by-laws when it comes to pet ownership, however, renters are further governed by the individual, enforceable laws that are set out by landlords in their rental agreement.

In Australia, these restrictions vary by state. The latest information for keeping a pet in rental properties for different states of Australia is as follows:

New South Wales

• Higher bonds cannot be charged for tenants with pets or children

Victoria

• Pet approval form must be completed
• VCAT order required if rental provider refuses pet

Queensland

• Tenant must seek permission to keep a pet
• Property must be suitable, and pet allowed by tenancy agreement
• No separate pet bond allowed

South Australia

• Pet ownership at the discretion of property owner
• Strata or community title approval may be required

Australian Capital Territory

• Tenant must seek pet permission if required by tenancy agreement
• Landlord can only refuse on specific grounds
• Tenant responsible for pet-related repairs or maintenance
• No pet bond allowed

Western Australia

• Landlords do not have to allow pets
• Pet bond optional and permissible

Northern Territory

• Tenant can keep pet if no written objection from landlord after 14 days
• No pet bond allowed

Tasmania

• Tenant can have pet if allowed by owner or lease
• No pet bond allowed

Note: These rules apply to rental properties in each state. It is important to note that renters living in strata operated buildings are also governed by the strata bylaws of your strata scheme.

Can you make a complaint about another resident’s pet?

If you have concerns about another pet in your strata building, the process for making a complaint is as follows:

1. Review the strata bylaws to understand the rules and regulations that govern pet ownership in your building.
2. Contact a strata member or the strata management company to raise a concern. This can be done in person at a meeting or in writing through a letter or email.
3. Provide supporting documentation to substantiate your complaint with photos or witness statements. It is important to note that if you are proceeding with a complaint then the nature of the complaint must be in breach of your strata bylaws.
4. Follow up to ensure that your complaint has been received and is being reviewed.
5. Consider mediation. If the problem is not resolved, there are mediation options available through different state or territory bodies.

When it comes to making a complaint, it’s always best to play by the rules and keep a paper trail of actions. Conducting yourself in a professional and respectful manner means that your complaints are more likely to be addressed and heard.

Final thoughts

Pet ownership in Strata Title is generally not allowed without consent.  Pet ownership in Community Title has different rules in each situation.  Sometimes they are allowed so long as they do not cause unreasonable interference to other residents or impede on their ability to enjoy their private or shared spaces. If you are unsure, and want help, your strata manager or strata management company will be able to assist you so it is always a good idea to check with them prior to obtaining a pet.