Strata Pet Laws in NSW

Written on the 22 September 2021

There have been many questions raised concerning pets in a strata scheme. In March 2021, the NCAT ruled to uphold a prohibitory dog by-law, denying the applications of strata owners to keep their dogs in a strata apartment. This decision is based on a case of Scott McGregor v. Strata Plan 74896, which has caught much attention from strata owners.

However, a recent amendment is implemented to the legislation regarding pets; and will be commenced on 25 August 2021.

Strata Schemes Management Act 2015 Amendment

The legislation that will commence on 25 August 2021 is known as the Strata Schemes Amendment (Pets) Regulation. The new Section 137B will be embedded in the Act, preventing by-law from banning pets in a strata scheme unless the animals interfere with the occupant’s right of property use and enjoyment.

The new amendment explains what is referred to as “interference” of another occupant’s property use and enjoyment. The new regulation describes that the animals interfere with another occupant’s use and enjoyment of the property when:

- The animal repeatedly creates noise that disturbs the peace and comfort of another occupant.

- The animal continually chases other occupants or animals.

- The animal attacks other occupants or animals.

- The animal constantly damages the common property.

- The animal causes infection and endangers the health of other occupants.

- The animal gives off a persistent odor that goes through the common property.

- The failure of cat owners to comply with the Companion Animals Act 1998 (Section 31).

- The failure of dog owners to comply with the Companion Animals Act 1998 (Section 32A, Section 34, and Section 55(1)).

Source:

- JS Muelers & Co

- NSW Strata Schemes Management Act 2015