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NSW introduce new laws for pets in strata schemes

Saturday, 18th September, 2021 // Property Market News

On the 25th of August new laws about keeping animals in strata schemes were introduced in NSW.

These laws outlines specific grounds where an owners corporation can prohibit a owner from keeping an animal in a strata scheme or take measures to remove an existing animal from the scheme.

With 61 per cent of Australian households including a pet in their family, the new laws aim to reflect the continual rise in pet ownership as well as the growth of high density and apartment living.

Prior to the announcement of new laws public consultation occurred through the strata schemes statutory review, which included a survey specifically about pets in strata. The feedback received from the strata schemes statutory review has been complied into a report by The NSW Department of Customer Service. You can view the report here.

What do the new laws mean?

According to the NSW Fair Trading the changes implemented will make it ‘easier and fairer for people to responsibly keep pets while living in strata.’

NSW Fair Trading have noted that under the new laws, owners corporations: 

  • can only refuse to allow an animal into the scheme if it unreasonably interferes with another resident’s use and enjoyment of their lot or the common property.  
  • can still require residents to apply for approval to keep an animal on their lot. 
  • can still set reasonable conditions in their by-laws to manage keeping animals in the scheme. However, by-laws that set a blanket ban on the keeping of any animals within a scheme are not valid. 

There is also a list of unreasonable interference circumstances that fall within the new laws. This list outlines the measures owners corporations can take to prohibit an animal. This includes if the animal causes a nuisance or poses a hazard. The entire list can be viewed here.

Want to know more? You can read more about the changes via the NSW Fair Trading website.

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