Pet ownership in strata properties has been a source of confusion and conflict for many NSW residents. If you’re considering purchasing a strata unit and want to keep your furry companion, or if you’re already living in strata and facing pet-related restrictions, understanding your rights and the legal landscape is crucial for making informed decisions about your living situation.
The Evolution of Pet Laws in NSW Strata Schemes
The legal framework surrounding pets in strata properties has undergone significant changes in recent years. Previously, owners corporations held broad discretionary power to pass by-laws restricting or prohibiting pets entirely. This created uncertainty and inconsistency across different strata schemes, often leaving pet owners with limited recourse.
The Strata Schemes Management Act and Community Land Management Act now provide clearer guidelines and, importantly, establish pathways for owners to challenge what they consider to be unreasonable restrictions through the NSW Civil & Administrative Tribunal (NCAT).
The Landmark Cooper Case: Setting New Standards
What the Court Decided
In 2020, the NSW Court of Appeal’s decision in Cooper v. The Owners – Strata Plan No. 58068 fundamentally changed how pet-related by-laws are evaluated. The Court established that any by-law limiting lot owners’ rights, including pet ownership, must meet a specific test to be considered valid.
The “Adverse Affectation” Test
The Cooper case introduced the concept of “adverse affectation” as the key measure for determining whether pet restrictions are reasonable. Under this principle:
- By-laws restricting pets are only valid if they protect other residents from genuine interference with their use and enjoyment of their lots
- A blanket pet prohibition that provides no material benefit to other occupiers will likely be deemed invalid
- The focus shifts from arbitrary restrictions to evidence-based decisions about actual impact
Current Legal Framework: Section 137B
Following Cooper, NSW legislation was further strengthened with specific provisions addressing animal-related by-laws. Section 137B(1) of the Strata Schemes Management Amendment (Sustainability Infrastructure) Act states that by-laws which unreasonably refuse or prohibit animal keeping will have no legal effect.
The Reasonableness Test
The current law requires owners corporations to demonstrate that pet restrictions are reasonable by showing that the animal in question would interfere with:
- Another occupant’s use and enjoyment of their lot
- Use and enjoyment of common property
This represents a significant shift toward protecting pet owners’ rights while maintaining reasonable standards for communal living.
What This Means for Pet Owners
Your Rights Are Stronger (But Not Absolute)
The legislative changes have not created an absolute right to keep pets in strata properties. Instead, they’ve established that restrictions must be justified and reasonable. Owners corporations can no longer impose blanket pet bans without demonstrating legitimate concerns about specific impacts.
Practical Considerations When Purchasing
If you’re planning to buy a strata unit and keep pets, consider these factors:
Noise and Behaviour: Assess whether your pet is likely to cause noise disturbances that could affect neighbours, particularly in closely-spaced apartment buildings.
Containment: Ensure your pet can be properly contained within your lot. Cats that roam common areas or leave droppings throughout the property may face legitimate restrictions.
Size and Type: While the law doesn’t specify restrictions based on pet type or size, practical considerations about space and potential impact on neighbours remain relevant.
Existing By-laws: Review current strata by-laws carefully, but remember that unreasonable restrictions can be challenged through NCAT.
Challenging Unreasonable Restrictions
If you believe your strata scheme’s pet by-laws are harsh, unconscionable, or oppressive, you have legal recourse through NCAT. The Tribunal can:
- Declare invalid by-laws that don’t meet the reasonableness test
- Order modifications to existing restrictions
- Provide guidance on what constitutes reasonable pet-keeping conditions
Moving Forward with Confidence
The evolution of pet laws in NSW strata schemes reflects a more balanced approach to communal living. While owners corporations retain the right to establish reasonable standards, pet owners now have stronger protections against arbitrary restrictions.
Whether you’re currently facing pet-related disputes in your strata scheme or considering a purchase with your four-legged family member in mind, understanding these legal protections helps you make confident decisions about your living arrangements.
For specific advice about your situation, including reviewing strata by-laws before purchase or challenging existing restrictions, professional legal guidance ensures you understand your rights and options clearly.
Need help navigating strata pet laws or reviewing property purchase contracts? Our Penrith conveyancing team can review by-laws, explain your rights, and guide you through any necessary applications to NCAT. Contact us today to discuss your specific situation and ensure you’re making informed decisions about your property purchase or current living arrangements.
