Can a strata scheme ban pets?

Not entirely. In NSW, by-laws banning all pets are invalid, and an application can be refused only if the pet unreasonably interferes with other residents. Assistance animals cannot be banned. Check your scheme's by-laws for the approval process and the rules on keeping pets.

Do by-laws apply to tenants?

Yes. NSW Fair Trading says by-laws are rules that all residents must follow, and tenants should receive a copy before signing a lease. Renters must also follow relevant pet by-laws and need the landlord's consent to keep a pet. If the by-laws change, tenants must be given a new copy within 14 days of the change starting.

Who enforces by-laws?

The owners corporation, strata committee or strata manager can issue a notice to comply. If the breach continues they can seek mediation and then apply to NCAT, which can make orders and impose fines. Fair Trading says mediation is free in certain circumstances, and the first tribunal fine can be up to $1,100.

How long does it take to change a by-law?

It depends on the meeting calendar. The motion must reach the secretary before the next meeting notice is sent, the vote happens at that meeting, and registration follows within six months. Until it is registered the change is not valid or enforceable.

What do strata by-laws cover and how are they changed?

Strata by-laws are the rules that every owner and resident in a scheme must follow, covering matters such as pets, parking, noise, smoking and renovations. In NSW a by-law is added or changed by a special resolution, meaning no more than 25 per cent of the votes are against it, and the change is not valid or enforceable until it is registered with NSW Land Registry Services. Rules below were checked in October 2026.

Checked October 2026. Rules, rates and prices change, so confirm anything that matters with the source linked below.

What by-laws cover

NSW Fair Trading says by-laws commonly deal with pets, parking, noise and smoking, plus gardens, balconies and renovations. They can also cover the approval process for changes to a lot and where children can play.

The NSW Government publishes model by-laws on the NSW Legislation website. Fair Trading says owners corporations often adopt the model by-laws and then add changes specific to their scheme, so two schemes can have quite different rules.

You can find a scheme's by-laws in several places:

Buyers: a copy must be attached to the contract of sale.
Owners and residents: ask the strata committee secretary or the strata manager, or buy a copy through a Land Registry Services approved information broker.
Tenants: the landlord or agent must provide a copy before the lease is signed, and a new copy within 14 days of any change.

Browse new townhouses

See the townhouse developments selling now, with bedrooms, prices and completion dates, city by city.

What by-laws cannot do

Fair Trading lists limits on what a by-law can say. A by-law cannot:

conflict with an existing law, whenever it was made
be harsh, unconscionable or oppressive
stop someone selling or leasing their lot, other than in some cases of short-term rental accommodation
ban children
stop someone having an assistance animal, or affect its ability to do its job
stop a resident owning a pet unless the pet unreasonably interferes with other residents
prevent sustainability infrastructure being installed because of its effect on the external appearance of a lot or common property, unless the property is heritage listed or in a heritage conservation area.

By-laws banning all pets are not valid in NSW. Banning animals by size, type or number will not be valid in most circumstances, and an owners corporation cannot charge a fee or bond, or require insurance, for keeping a pet.

Pets, smoking and short-term letting

Pets. You may need to tell the owners corporation in writing before getting a pet. If the owners corporation does not follow the rules for deciding an application, including deciding within a reasonable timeframe, Fair Trading says the pet is automatically approved. A pet can be refused only if it causes unreasonable interference, such as a restricted breed or constant noise.

Smoking. Fair Trading lists smoking among the usual by-law topics, so check the scheme's own by-laws for what applies to balconies and common areas.

Short-term letting. NSW Planning says changes to the Strata Schemes Management Act 2015 let a scheme adopt a by-law prohibiting short-term rental accommodation, but only for lots that are not the host's principal place of residence. NSW Planning adds that development consent conditions may also restrict short-term rental, and it points hosts to their council, their owners corporation or Fair Trading.

Renovations and common property

By-laws set the approval rules for renovations. Fair Trading says a scheme can add to the lists of cosmetic and minor work, so check yours before starting. The renovations and solar panels guide covers the three categories.

A new, changed or removed by-law about common property, such as exclusive use of a garden bed or permission to alter common property, needs a special resolution and the written agreement of each owner who gets the rights or privileges. An owner cannot unreasonably refuse consent to changing or removing it. The by-law must also say who maintains the area.

How to change a by-law in NSW

Write your proposal and gather support. Explain what should change and why, and talk to other owners first.
Draft the by-law. If no similar model by-law exists, Fair Trading says it is best to hire a lawyer, because unclear wording can create legal issues.
Write a motion and explanatory note. The note cannot be more than 300 words.
Send them to the secretary before notice of the next general meeting goes out. Otherwise the item waits for the following meeting.
Vote. A special resolution passes if no more than 25 per cent of the votes are against.
Register the change. The owners corporation must lodge the consolidated by-laws with NSW Land Registry Services within six months, through a subscriber to an electronic lodgement network, usually a solicitor or conveyancer. If it misses the deadline, it needs another resolution.

In a two-lot scheme, such as a duplex, a resolution is not needed before a notice to comply with a by-law can be issued.

What happens when a by-law is breached

Step	What happens in NSW
Warning	An informal conversation asking for the by-law to be followed
Notice to comply	A written notice, by post or email, naming the by-law
Mediation	Free through Fair Trading, in certain circumstances
Tribunal	NCAT can order the breach to stop and fine up to $1,100
Continued breach	Another order, with a fine up to $2,200, or up to $5,500 if an earlier order was not followed

Victoria and Queensland

Victoria. Consumer Affairs Victoria says an owners corporation can make rules on health and safety, use of common property, works to lots, behaviour, parking and more. It must not make rules that unreasonably prohibit exterior sustainability items such as solar panels. Since 1 January 2025 an owners corporation can ban short stay accommodation, meaning bookings under 28 days, by special resolution (75 per cent support). The ban cannot apply to a lot that is the owner's or occupier's principal place of residence.

Queensland. By-laws sit in the community management statement, are usually changed by special resolution, and the new statement must be registered with Titles Queensland within three months. An exclusive use by-law needs a resolution without dissent. The Queensland Government says by-laws cannot restrict a sale or lease, stop solar installation because of how the building looks, or restrict smoking inside an enclosed part of a lot.

Common questions

Can a strata scheme ban pets?: Not entirely. In NSW, by-laws banning all pets are invalid, and an application can be refused only if the pet unreasonably interferes with other residents. Assistance animals cannot be banned. Check your scheme's by-laws for the approval process and the rules on keeping pets.
Do by-laws apply to tenants?: Yes. NSW Fair Trading says by-laws are rules that all residents must follow, and tenants should receive a copy before signing a lease. Renters must also follow relevant pet by-laws and need the landlord's consent to keep a pet. If the by-laws change, tenants must be given a new copy within 14 days of the change starting.
Who enforces by-laws?: The owners corporation, strata committee or strata manager can issue a notice to comply. If the breach continues they can seek mediation and then apply to NCAT, which can make orders and impose fines. Fair Trading says mediation is free in certain circumstances, and the first tribunal fine can be up to $1,100.
How long does it take to change a by-law?: It depends on the meeting calendar. The motion must reach the secretary before the next meeting notice is sent, the vote happens at that meeting, and registration follows within six months. Until it is registered the change is not valid or enforceable.

Keep reading

Sources

This is general information, not financial, tax or legal advice. Get advice that suits your situation before you buy.