If you own one or many strata properties in Perth, managing pet ownership is part of maintaining harmony and compliance within your scheme. Pets can positively influence residents’ wellbeing, but they can also raise questions around noise, hygiene, and shared space use.
We’ll explain how pet ownership in strata properties in Perth is governed under WA legislation, what strata councils can and cannot enforce, and how to create fair by-laws that support both owners and residents.
If you’re looking for a strata manager who can help interpret legislation and manage by-laws, you can connect with local Perth experts through our free Strata Management Company Finder.
1. What is the Legal Framework for Strata Pet Ownership in Perth?
Under the Strata Titles Act 1985 (WA) (ST Act), each strata company has the power to make and enforce its own by-laws.
Section 46(2)(a) of the Act states that a strata company may make by-laws relating to:
“…the management, control, use and enjoyment of the lots and common property.” — Strata Titles Act 1985 (WA), s 46(2)(a)
Source: Government of Western Australia
Because pet ownership affects the use and enjoyment of a lot, this section is what allows schemes to regulate pets.
Strata by-laws can regulate pet ownership, but:
- They cannot be unreasonably restrictive
- They cannot discriminate against a person or class of persons
Section 46(3):
“…a by-law must not be unfairly discriminatory against a person or class of persons.”
And importantly:
- Assistance animals cannot be prohibited.
Section 117(2) states:
“Any by-law that purports to restrict the keeping of assistance animals is invalid.”
This applies regardless of what the scheme’s by-laws say.
Because every strata property in Perth is unique, pet rules should reflect the size, design and character of the scheme. For example, a high-density apartment complex may require stricter controls than a townhouse development.
For more on how strata management works in WA, see Understanding Strata Management in Perth, WA.
2. How Do I Set Fair and Enforceable Pet By-Laws?
A well-drafted by-law should include:
- Details about the approval process: Whether owners or occupiers need written consent before bringing in a pet.
- Information about the pet type or size limitations: For instance, allowing small companion animals but not large dogs in apartment settings.
- Behavioural expectations: Requiring pets to be supervised, leashed in common areas and not cause nuisance or damage.
- Responsibility clauses: Owners must clean up after their pets and repair any damage caused.
If you need guidance on by-law breaches, read What To Do When Strata By-Laws Are Breached in Perth Properties.
3. Can Strata Properties Ban Pets Altogether?
Some strata property owners wonder if they can simply prohibit pets. The answer:
It can be done, but only if it is reasonable, justified and not discriminatory.
Blanket bans are discouraged because, under Section 46(3), by-laws cannot be oppressive or unfairly discriminatory.
The WA State Administrative Tribunal (SAT) has upheld pet restrictions, but only in very specific cases (e.g. resort-style complexes or short-stay accommodation).
In residential strata properties, the better approach is usually:
Allow pets on application instead of banning them outright.
If you’re considering amending your pet policy, or if disputes are occurring, a professional strata manager can guide councils through the process.
4. What Happens if a Pet Causes Issues in a Strata Property?
If a pet causes nuisance, damage or breaches a by-law, the strata company can take action.
Section 47(2):
“…a strata company may serve a notice requiring a person to comply with a specified by-law.”
This includes persistent barking, aggression or damaging common property.
If the owner does not comply after receiving notice, the matter can be escalated to SAT.
For behaviour-related disputes, see How To Handle Noise Complaints in Perth Strata Properties.
FAQs
Can my strata company legally ban all pets?
A blanket ban on pets in typical residential strata schemes is discouraged under the Strata Titles Act 1985 (WA) and may be challenged as being unreasonable or oppressive. Most schemes are advised to allow pets on application.
However, the WA State Administrative Tribunal (WASAT) has upheld outright bans in specific, justifiable cases, such as resort-style or short-stay complexes where pet management is genuinely difficult.
What should I do if a by-law is causing a dispute?
First, try to resolve the issue directly with the pet owner or occupier. If unsuccessful, the issue can be reported to the strata council or strata manager, who should follow the formal by-law enforcement process, which typically involves issuing a written notice to comply.
What happens if a pet causes a nuisance?
If a pet causes a nuisance, like persistent barking or damage to common property, the strata council can issue a notice to the owner requiring them to remedy the situation or remove the animal, in line with the scheme’s by-laws and the ST Act. If the issue continues, the strata company may apply to the WA State Administrative Tribunal for an order to have the animal removed.
If you want support reviewing or updating pet-related by-laws, or need guidance on strata disputes, use Strata Manager Finder WA. It’s free, quick and connects you with local experts who understand the nuances of WA strata legislation.
