For a long time, buying an apartment in Australia meant giving up on owning a dog. Many strata schemes had a by-law that said, in one line, that no animals were allowed. Owners who broke it faced notices, fines and tribunal orders.
That has changed in the three biggest states. In NSW, Victoria and Queensland, a blanket ban on pets in strata is now either invalid or very hard to defend. But “you can’t ban pets” does not mean “anything goes”. Each state still lets the owners corporation or body corporate set rules, and an animal that causes a nuisance can still be ordered out.
This guide explains the rules in each state, what a building can still require, and what to do if your committee says no.
NSW: no unreasonable bans
The Cooper case
The turning point was a dispute over a miniature schnauzer named Angus. Jo Cooper lived with Angus in an apartment at Horizon Tower in Darling Point, Sydney. The owners corporation’s by-law banned animals outright. In 2020, the NSW Court of Appeal ruled in Cooper v The Owners – Strata Plan No 58068 that the blanket ban was invalid because it was “harsh, unconscionable or oppressive” under the Strata Schemes Management Act 2015.
The law now
Parliament followed up in 2021. Section 137B of the Strata Schemes Management Act 2015 now says a by-law has no force or effect to the extent it would unreasonably prohibit keeping an animal on a lot. The regulation lists the limited reasons a refusal might be reasonable, for example where the animal would unreasonably interfere with another occupant’s use of their lot or the common property.
In practice, NSW owners corporations can still:
- require owners to give notice, or seek approval, before bringing an animal into the building;
- set rules about how animals move through common property, such as carrying them or keeping them on a lead;
- require owners to clean up after their animal and to pay for damage;
- take action over an animal that is actually causing a nuisance or danger.
What they cannot do is refuse every animal, or refuse yours, without a real reason connected to its effect on others.
Assistance animals
Assistance animals have their own protection under disability discrimination law, and an owners corporation cannot refuse one. From 1 July 2025, NSW strata law allows an owners corporation to ask for evidence that an animal is an assistance animal, and sets out the kinds of evidence that are acceptable, such as accreditation or a recognised training standard. Owners should have the paperwork ready.
Victoria: bans struck down, model rules on nuisance
Victoria got there through the tribunal. In Owners Corporation SP24474 v Watkins [2016] VCAT 1312, the Victorian Civil and Administrative Tribunal found an owners corporation rule banning pets invalid. The rule was held to be beyond the owners corporation’s power because it was unfair and discriminatory, and it interfered with owners’ reasonable use and enjoyment of their lots.
Since then, Victoria’s model rules for owners corporations have taken a different approach. Rather than banning animals, model rule 4.1 says an owner or occupier who keeps an animal must keep it in their lot and supervise it on common property, and must ensure it doesn’t unreasonably disturb others. If an animal is a nuisance, the owners corporation can ask the owner to remove it, following the process in the rules. Assistance animals are exempt from the removal power.
If your owners corporation has its own rules rather than the model rules, check the wording. A rule that bans pets outright is still exposed to the reasoning in Watkins.
Queensland: blanket bans are void
Queensland has the firmest rule. Under section 169B of the Body Corporate and Community Management Act 1997, a by-law must not prohibit an owner or occupier from keeping an animal, and must not restrict the number, type or size of animals. By-laws that do so are invalid to that extent.
Queensland bodies corporate can still require an owner to obtain approval before keeping an animal, and can impose reasonable conditions on approval. A body corporate committee should not refuse an application unreasonably.
One practical trap: a committee faced with an invalid by-law that bans pets cannot simply approve your animal while the invalid by-law stays registered. The by-law has to be changed through a resolution at a general meeting and registered with the Titles Registry. If your scheme’s community management statement still contains a ban, push for it to be replaced.
The three states compared
| NSW | Victoria | Queensland | |
|---|---|---|---|
| Blanket ban | No effect to the extent it unreasonably prohibits animals (s137B) | Struck down in Watkins (2016) | By-law must not prohibit animals (s169B) |
| Approval process | Allowed | Depends on rules; model rules use a nuisance test | Allowed, with reasonable conditions |
| Limits on number, size or type | Only if reasonable | Depends on rules | Must not restrict (s169B) |
| Nuisance animals | Action possible | Removal process under model rules | Action possible |
| Assistance animals | Protected; evidence rules from 1 July 2025 | Exempt from removal | Protected |
For owners: how to get your pet approved
- Read the by-laws. Ask the strata manager or body corporate manager for the registered by-laws. Find out whether the scheme requires notice or approval.
- Apply in writing. Include the type, breed, size and age of the animal, its registration and vaccination details, and how you will manage it on common property.
- Offer reasonable conditions. Carrying a small dog through the lobby, using the service lift, cleaning up promptly. Committees approve applications that make their job easy.
- Keep evidence. If the animal is an assistance animal, attach the documents.
- If refused, ask for written reasons. In NSW you can then apply to NSW Fair Trading for mediation and then to NCAT. In Queensland, you can lodge a dispute with the Commissioner for Body Corporate and Community Management. In Victoria, you can go to the owners corporation’s internal dispute process, then to Consumer Affairs Victoria or VCAT.
If you are still deciding whether to buy, look at the pet by-laws as part of your due diligence. Our guide to reading a NSW strata report explains where to find them.
For committees: rules that will stand up
- Remove outright bans. They will not survive a challenge and they create resentment.
- Use an approval or notice process. Decide applications promptly and consistently.
- Write conditions about behaviour, not about the animal. Lead on common property, clean up, no unreasonable noise. Size and breed limits are harder to justify.
- Deal with nuisance case by case. Keep records of complaints, give the owner a chance to fix the problem, and follow the formal process before seeking removal.
- Treat assistance animals separately. Ask for evidence where the law allows it, but do not refuse.
Tenants
Tenants need two approvals: the strata scheme’s (under its by-laws) and the landlord’s (under the lease and the state’s tenancy laws). Tenancy pet rules are different again in each state and have been changing. Check both before you bring a pet home.
Common questions
Can the building limit me to one pet?
In Queensland, a by-law cannot restrict the number of animals. In NSW, a limit has to be reasonable for that building, and a committee should look at your actual animals, not a general rule. In Victoria, it depends on whether your owners corporation has its own rules or uses the model rules, which focus on behaviour rather than numbers.
What about large dogs in small apartments?
Size on its own is a weak reason to refuse. In Queensland, by-laws cannot restrict size. In NSW and Victoria, the question is whether the animal actually causes a problem for others, such as noise, smell or danger. Be ready to show how you will exercise and manage a large dog.
Can the committee charge a pet bond or fee?
Strata law in these states doesn’t generally give committees power to demand a bond as a condition of keeping an animal. If the scheme asks for one, ask which by-law or law it relies on. Tenancy rules on pet bonds are separate.
The neighbour complains about barking. What happens?
The usual path is a written notice to comply, then mediation, then the tribunal. Local council noise rules may apply as well. Owners who respond quickly, with training, a dog walker or changes to routine, rarely end up in front of a tribunal member.
Does a pet affect my levies or insurance?
Not directly. Levies are based on unit entitlement, not pets. But damage to common property caused by an animal is usually the owner’s cost, and the building policy may not cover it. Check your own contents or landlord policy. For how individual and building policies fit together, see our unit owners’ insurance guide (US-focused, but the principles are similar), and our explainer on what owners’ fees pay for.
The bottom line
In NSW, Victoria and Queensland, a strata scheme can manage pets but generally can’t ban them. Owners who apply properly and keep their animal from bothering the neighbours will almost always be able to keep it. Committees that still have a blanket ban on the books should update their by-laws before someone takes them to the tribunal.
This guide is general information, not legal advice. By-laws, regulations and tribunal decisions change. Check your scheme’s registered by-laws and the current law in your state before relying on it.
Updated 31 October 2026: corrected the strata plan number in the Watkins case citation (Owners Corporation SP24474 v Watkins [2016] VCAT 1312).
