Can I have a Pet in My Apartment?

The short answer is pets are allowed in strata schemes.  

Common sense needs to apply.  

 

Before acquiring a pet, write to your strata committee and seek approval.  

Consent cannot be unreasonably withheld.  


In the case of guide and/or hearing dogs it is mandatory that approval is provided.
 


Check your by-law and see if the pet by-law exists which out rules relating to the keeping of pets. 
 

Vicious dogs are not permissible, and your pet must disturb other residents. 


Tenants must firstly obtain the consent of their landlord.
 

How to Apply for a Pet?

You can apply for a pet by contacting your strata manager.

 

For properties managed by Strata Central, fill out our pet application.

 

Below are few suggestions that be included in your notification: 

– The type of animal proposed to be kept. 

– Undertake to keep your animal within the lot. 

– Describe your pet’s disposition e.g., that it is docile or friendly. 

– Provide details if your pet has undergone obedience or other training. 

– Provide details of registration/micro chipping, desexing and all necessary vaccinations. 

– Undertake to clean common property areas if it is soiled by your pet. 

– Undertake to manage your pet’s behaviour so it does not disturb your fellow residents e.g., barking.  

– Search the strata records to see if other residents keep or have kept pets. 

 

Keep a copy of the approval to keep your pet. 

What are my rights to have a pet?

The section of the Act that relates to pets is:

137B   Keeping of animals 

(1)  Each of the following has no force or effect to the extent that it would unreasonably prohibit the keeping of an animal on a lot— 

(a)  a by-law, 

(b)  a decision by an owners corporation under a by-law. 

(2)  It is taken to be reasonable to keep an animal on a lot unless the keeping of the animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property. 

(3)  The regulations may specify circumstances in which the keeping of an animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property. 

(4)  A by-law that prohibits the keeping of an animal on a lot is not harsh, unconscionable or oppressive if it does not unreasonably prohibit the keeping of an animal on a lot. 

Note— 

Section 150(1) provides that the Tribunal may declare a by-law to be invalid if it is harsh, unconscionable or oppressive. 

(5)  An owners corporation is taken to have given permission for the keeping of an animal on a lot if— 

(a)  it made a decision about the keeping of the animal in contravention of subsection (1)(b), or 

(b)  a decision of the owners corporation is required before the animal may be kept on the lot and the owners corporation failed to make a decision within a reasonable time. 

(6)  If a report has been tabled in Parliament under section 276A, the Minister must not recommend the making of a regulation under this section unless the Minister has considered the report. 

(7)  Subsection (6) is repealed 5 years after the commencement of this section. 

What do By-laws cover?

By-laws may cover a wide range of issues, including noise restrictions, pet policies, smoking regulations, parking rules, renovation approvals, and more.  

 

All owners, residents, and visitors must comply with by-laws and non-compliance can lead to penalties or legal action.  

 

By-laws may be amended or repealed by a special resolution at a general meeting, provided that the changes do not contravene any relevant laws. When registered they are recorded on the common property title and become part of the legal framework of the strata scheme.   

 

What is a By-law breach?

A by-law breach occurs when rules that all residents living in a strata scheme must follow are broken. Breaches of by-laws need to be handled with care. If it is suggested there has been breach, communicate with that owner and give them an opportunity to discuss any allegation. If there is a continued violation of the by-law, the offending person should be served with a by-law notice in which the details of the allegation are set out with precision. The person receiving the notice should be given a reasonable time to comply with or rectify the breach of the by-law.  

 

If the breach continues after service of the notice, mediation should be considered and undertaken and an attempt made to reach a mutually acceptable solution. If that fails, an application may be made to NCAT for an order for compliance with the by-law. If an order is made, that is legally enforceable and may include fines and penalties.  

 

Keep written records of the enforcement process as these may be needed as evidence in the enforcement process.  

 

If there is a breach requiring enforcement, legal advice should be sought.  

Why do we have an Annual Safety Statements (ASS)? 

In New South Wales the ASS is required for all strata properties, the purpose of which is to ensure the safety of residents and compliance with regulations.   

 

The ASS covers the building’s essential safety measures, such as fire safety systems, emergency lighting, and exit signs. The ASS must be submitted annually to the local council and fire authorities by the building owner, strata manager, or the appointed fire safety practitioner. A qualified fire safety practitioner must inspect and certify the ASS, confirming that the essential safety measures are functioning correctly. Failure to submit a compliant ASS on time may result in penalties. Your owners corporation must maintain records of inspections, maintenance, and certification for at least seven years. Specific requirements vary depending on the use, size, and classification of the building(s). It’s important to consult the relevant regulations and authorities for precise details. For further information please feel free to contact us.