New laws governing the keeping of animals in a strata scheme started on 25 August 2021. Under the new laws, keeping an animal in a strata scheme can’t be prohibited unless the animal unreasonably interferes with another resident’s use and enjoyment of their lot or the common property.
The laws were informed by public feedback received from the pets in strata survey. The survey was conducted earlier this year as part of the strata schemes statutory review.
The NSW Government has developed the Strata Schemes Management Amendment (Pets) Regulation 2021, which sets out circumstances in which keeping an animal causes an unreasonable interference.
We have also produced a report that sets out the public feedback received from the pets in strata survey and how the list of circumstances was developed.
Under the new laws, an owners corporation:
- can only refuse to allow an animal into the scheme if that animal unreasonably interferes with another resident’s use and enjoyment of their lot or the common property
- may still require residents to apply for approval from the owners corporation to keep an animal on their lot
- may still set reasonable conditions in their by-laws to manage the keeping of animals in the scheme. Strata by-laws that set a blanket ban on the keeping of any animals within a scheme are not valid.
The laws also include a list of circumstances where an animal causes an unreasonable interference to residents in a scheme. The owners corporation can take steps to prohibit an animal that is being kept in the scheme if the animal causes a nuisance, hazard or unreasonable interference.
Visit the Fair Trading website (https://www.fairtrading.nsw.gov.au/housing-and-property/strata-and-community-living/strata-schemes/by-laws-in-your-strata-scheme) for more information.
The new laws are available on the NSW Legislation website:
- section 137B of the Strata Schemes Management Act 2015
- clause 36A of the Strata Schemes Management Regulation 2016.
FAQs
What do the pets reforms change?
Under the new laws, a strata scheme’s owners corporation can only refuse to allow an animal into the scheme if that animal unreasonably interferes with another resident’s use and enjoyment of their lot or the common property. An owners corporation can also take steps to prohibit an animal that is being kept in the scheme if the animal causes a nuisance, hazard or unreasonable interference.
What if my scheme has a no animals by-law?
A by-law that sets a blanket ban on animals is considered invalid.
If you live in a scheme with this type of by-law, you should raise the issue with the owners corporation. You can add ‘updating the by-law’ to the agenda for the next general meeting of your owners corporation, or you can call for an extraordinary general meeting to be held.
If the owners corporation has reconsidered their by-law and the result is inconsistent with the new laws, you can lodge an application for mediation with NSW Fair Trading. If unresolved, you can lodge an application at NCAT.
Are owners corporations still able to require approval for pets coming into the scheme?
Yes. An owners corporation can choose to set up an approval process for all animals that enter the scheme. However, they can only refuse to allow an animal if the animal causes an unreasonable interference to others living in the scheme. To help evaluate the animal, and for identification purposes, owners corporations can ask for information about the animal, such as:
- the animal’s age, breed, name or photo
- evidence of vaccination or microchipping (for animals like cats and dogs)