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Can Pets Be Banned in Strata Schemes? Understanding NSW’s Updated Laws

The topic of pets in strata schemes has been a hot issue in New South Wales. Many Owners Corporations have questioned if they can ban pets in their buildings. However, recent changes to the Strata Schemes Management Act 2015 (NSW) and new regulations have clarified the rules. These updates aim to balance pet ownership and harmonious living in strata properties.

On 25 November 2021, the New South Wales Government introduced amendments to the Act. These changes make it harder for Owners Corporations to ban pets. Here’s a breakdown of what you need to know.

What Does the Law Say About Pets in Strata Schemes?

The updated Section 173B of the Act prevents Owners Corporations from creating by-laws that ban pets. However, there is an exception. A by-law can prohibit a pet if it “unreasonably interferes with another occupant’s use and enjoyment of their lot or the common property.”

But what does “unreasonably interferes” actually mean? This is where the Strata Schemes Amendment (Pets) Regulation 2021 (NSW) can help.

When Can Owners Corporations Take Action Against Pets?

The Strata Schemes Amendment (Pets) Regulation 2021 (NSW) outlines specific scenarios where a pet may cause unreasonable interference. These include:

  1. Excessive Noise

    • If the pet makes noise persistently and disrupts the peace of others.

  2. Aggressive Behaviour

    • If the pet repeatedly chases or menaces other residents, visitors, or their pets.
    • If the pet attacks or threatens others.

  3. Property Damage

    • If the pet causes repeated damage to common property or other lots.

  4. Health Risks

    • If the pet endangers others through infection or infestation.

  5. Offensive Odours

    • If the pet creates strong, persistent odours that affect others.

  6. Non-Compliance with Laws

    • For cats: If the owner ignores an order under Section 31 of the Companion Animals Act 1998.
    • For dogs:
      • If the owner ignores an order under Section 32A of the Act.
      • If the dog is declared menacing, dangerous, or restricted under the Act.

What Does This Mean for Owners and Residents?

These updates mean that Owners Corporations cannot create blanket bans on pets. However, they can take action against specific pets if they meet the criteria outlined in the regulations. Pet owners should ensure their pets do not disturb others or damage property. On the other hand, Owners Corporations must ensure their by-laws comply with these new rules.

Key Takeaways

  • Pets cannot be outright banned under the Strata Schemes Management Act 2015 (NSW).
  • Exceptions apply if a pet causes unreasonable interference, as defined by the Strata Schemes Amendment (Pets) Regulation 2021 (NSW).
  • Clear guidelines now exist for issues like noise, aggression, property damage, and health risks.

 

By understanding these laws, both pet owners and Owners Corporations can create a more harmonious living environment. If you’re unsure how these rules apply to your property, contact Elevated Strata Communities for expert advice.