Pet Bylaws 2025: Can Your Body Corporate Ban Dogs and Cats?

The letter arrived on a Tuesday. Three lines from your strata manager: your request to keep a small indoor cat has been refused. No explanation, no recourse offered, just a reference to "bylaw 14(b)." Your neighbour across the hall has had two labradors for years. You're wondering how this is legal - or whether it is.

The answer depends on where you live, when that bylaw was written, and whether anyone has tested it at a tribunal. Across Australia, the rules around pet bylaws have shifted substantially in the past few years, and what was a watertight "no pets" policy in 2018 may be completely unenforceable today.

Here's the actual legal landscape across each state - and what to do if you're facing a refusal that doesn't seem fair.

The Law Has Changed - and Is Still Changing

For much of Australian strata history, a blanket "no pets" bylaw was largely accepted as valid. Building by building, owners corporations simply wrote them in, and tenants and purchasers were expected to comply.

That position has eroded significantly. Courts and tribunals across Australia have found that bylaws which operate as complete, blanket prohibitions on pets can be struck down as harsh, unconscionable, or oppressive - particularly where the animals in question are small, kept indoors, and pose no demonstrable risk to other residents.

The trend across all states is toward a framework of "reasonable regulation" rather than outright prohibition. You can still have rules. You just can't make them absolute.

New South Wales: The "No Unreasonable Prohibition" Standard

NSW has the most developed pet bylaw jurisprudence in the country, and it's clearly moved against blanket bans.

Under the Strata Schemes Management Act 2015, bylaws cannot be harsh, unconscionable or oppressive. NCAT has applied this repeatedly to pet bylaws, finding that an absolute prohibition - one that applies regardless of the animal's size, temperament, or impact on other residents - is likely to fall foul of this standard, particularly for small indoor animals.

What NSW body corporates can do is impose conditions: require prior written approval, set limits on the number or size of animals, require owners to carry the animal through common areas, and enforce nuisance provisions where animals genuinely disturb others.

Disability assistance animals have an additional layer of protection. Under Section 137B of the SSMA 2015, a bylaw has no effect to the extent that it prohibits the keeping of a disability assistance animal. You cannot apply your pet bylaw to a registered guide dog, hearing dog, or other accredited assistance animal - regardless of what your bylaw says.

Queensland: The Default Has Shifted

Queensland made a significant change to its body corporate framework that most apartment owners don't know about. The Body Corporate and Community Management regulations were amended to create a default position where pets are permitted in lots unless the body corporate has passed a bylaw specifically restricting them - and even then, the body corporate cannot unreasonably withhold approval when an owner applies.

In practice, this means QLD bodies corporate that want to restrict pets need to actively pass bylaws to do so, and those bylaws must still allow for applications and cannot impose blanket bans. Dispute resolution through the BCCM Commissioner's Office is available where an owner believes approval has been unreasonably refused.

Queensland has also seen a string of QCAT decisions finding that the inconvenience or personal preferences of other residents - without evidence of actual nuisance - is not sufficient grounds to deny pet approval.

Victoria

The Owners Corporations Act 2006 in Victoria does not specifically restrict how pet bylaws operate, and the position is more permissive toward restrictive bylaws than in NSW or QLD. An owners corporation can have a rule prohibiting pets, and it won't automatically be struck down.

However, VCAT has powers to intervene where it finds a rule to be unreasonable in its application to a specific situation. Where an owner can demonstrate that their animal poses no genuine risk or inconvenience to others, VCAT has on occasion found in favour of the pet owner despite a restrictive bylaw.

Disability assistance animals are protected under Victorian equal opportunity law - a no-pets bylaw cannot apply to them.

South Australia, Western Australia, and Other States

South Australia: SA strata corporations generally retain more latitude to enforce no-pets bylaws. That said, the general principle that bylaws cannot be applied in a way that is harsh or unconscionable provides some protection, and disability assistance animals must be accommodated.

Western Australia: The Strata Titles Act 1985 gives strata companies significant control over bylaws, and no-pets bylaws have been more consistently enforced. The 2020 reforms to the WA strata system have modernised the framework but haven't substantially changed the position on pets.

ACT, TAS, NT: Generally similar to the pre-reform positions in other states. Bylaws are enforceable, but absolute prohibitions applied in harsh circumstances can still be challenged.

What Pet Bylaws Can Legitimately Say

Even in states where blanket bans are unenforceable, there are plenty of things your body corporate can regulate. These provisions are generally upheld across all states:

• Prior written approval required - you can require owners to apply before bringing a pet into the building
• One pet per lot limit - reasonable restrictions on numbers are generally accepted
• Size and breed restrictions - some buildings successfully restrict pets above a certain weight, though these have been challenged where applied inflexibly
• Carry pets through common areas - requiring animals to be carried or leashed in hallways and lifts is almost universally enforceable
• No pets on shared amenity areas - restricting animals from pool areas, gyms, or BBQ facilities is consistently upheld
• Nuisance provisions - rules requiring that pets not create noise, odours, or mess that unreasonably affects other residents are always valid and important to have

The distinction that matters: rules about how you keep your pet are much stronger than rules about whether you can have one at all.

How to Apply for Pet Approval

Even where a bylaw requires prior approval, there's usually a path through it. Here's the practical process:

Step 1: Submit a written application to the strata manager or committee. Include the animal's name, breed, age, weight, and a brief statement of how you'll manage it in the building.

Step 2: Attach any supporting documentation - a vet reference, evidence of training (particularly for dogs), and anything that addresses likely concerns (noise, allergies, cleanliness).

Step 3: Offer reasonable conditions - offering to have the dog professionally trained, agreeing to carry a small dog in common areas, or undertaking to address any nuisance complaints quickly.

Step 4: Follow up in writing if you don't receive a response within a reasonable timeframe (typically 28 days).

How to Challenge an Unreasonable Refusal

If your application is refused and you believe the refusal is unreasonable, don't just accept it. Your options:

• Request written reasons - you're entitled to know why.
• Seek mediation - in most states, a low-cost mediation service is available before going to a tribunal.
• Apply to your state tribunal - NCAT (NSW), VCAT (VIC), QCAT (QLD), SACAT (SA), SAT (WA). Application fees are modest ($50–$200), and tribunals have consistently found in favour of owners where the refusal was based on blanket policy rather than demonstrated impact.

Gather evidence: a letter from your vet, records showing the animal is well-behaved, any correspondence from the body corporate, and details of any similar animals permitted in the building.

Related: How to Deal with Body Corporate Disputes covers the escalation path from internal resolution through to tribunal in detail.

Key Takeaways

• Blanket no-pets bylaws are increasingly difficult to enforce in NSW and QLD, and can be challenged in other states where they're applied harshly.
• Disability assistance animals cannot be banned under any bylaw in any Australian state.
• Reasonable conditions are valid - requiring approval, imposing size limits, and enforcing nuisance provisions is legitimate strata governance.
• If you're refused, ask for written reasons and consider a tribunal application - the cost is low and tribunals have often sided with owners where refusals were unreasonable.
• Know your state's rules - the position in QLD has shifted significantly; NSW has a well-developed body of case law; VIC and SA remain more permissive toward restrictive bylaws.

Compare body corporate fees across Australia at BodyCorporateFees.com.

This article is for informational purposes only and should not be considered legal advice. Pet bylaw rules and tribunal decisions vary by state and individual circumstances. If you're facing a specific dispute, consult a strata lawyer or contact your state's community legal centre for free advice.