Pets - FAQs

PETS – Am I allowed to keep a pet in my Unit?

1. I want to have a pet, do I need to seek consent from the body corporate?
2. How do I get permission to keep an animal in my unit?
3. What if I need an animal for special reasons?
4. Can the body corporate make me get rid of my animal?

1. I want to have a pet, do I need to seek consent from the body corporate?
Each body corporate is different and is governed by a set of by-laws which are included in the Community Management Statement for the property. These by-laws determine whether or not pets are permitted within a complex?

The by-law on which many pet by-laws are based is by-law 8 as contained in Schedule 4 of the Body Corporate and Community Management Act, 1997.

This by-law states that an owner or tenant living on the property must not, without the body corporate’s prior written consent, bring or keep an animal on the lot or the common property. This by-law also requires that an owner or tenant does not allow visitors to bring or keep an animal on the lot or the common property.

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2. How do I get permission to keep an animal in my unit?
If your body corporate has a by-law that does not prohibit the keeping of animals, you would write to the Committee, seeking consent. A letter seeking consent should state the type of animal, the size that the animal will grow to in adulthood and the reason for the request.

Even in complexes where animals are permitted, there may be restrictions on the size or number of animals allowed. For example the body corporate may place restrictions on the height and size of an animal and may limit each lot in the number allowed.

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3. What if I need an animal for special reasons?
Section 181 of the Body Corporate and Community Management Act, 1997 provides that a person mentioned in the Guide Dogs Act 1972, section 5, who is an owner, tenant or visitor to the complex has the right to be accompanied by a guide dog in a lot or on the common property. The legislation also allows that a guide dog may be kept in a lot and that no by-law can be passed to restrict or exclude a right given under this section of the legislation.

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4. Can the body corporate make me get rid of my animal?
If your body corporate does not allow pets and you have not been given proper consent, or the animal causes a nuisance which breaches other by-laws (for example: noise, damage, leaving of rubbish on common property), the body corporate may seek the removal of the animal.

In most circumstances consent, if given, will be given with conditions:

That the animal not create noise likely to interfere with another persons enjoyment of their lot or the common property;
That the animal not be allowed to roam the property and must be kept on a leash when outside of the lot;
That an animal must be kept within the lot from dusk until dawn;
That any mess created by the animal be immediately removed or cleaned by the owner;

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