Pets in a Queensland Body Corporate: What the Rules Actually Say

The Short Answer

If you want to keep a pet in a Queensland body corporate scheme, you need to check the by-laws first — and you may need committee approval. The rules vary significantly between schemes, and this area of law has been evolving through court decisions.

What By-Laws Can Do

Body corporate by-laws can legitimately regulate pets in a number of ways:

Require prior written approval before a pet can be kept in a lot
Set conditions on approval — for example, the pet must be kept inside, must not cause nuisance, and the owner must clean up in common areas
Restrict certain types of animals — for example, no dogs above a certain size
Withdraw approval if a pet causes ongoing nuisance to other residents

These kinds of regulations are generally enforceable because they involve a genuine exercise of discretion based on the circumstances of each request.

Can a Body Corporate Completely Ban All Pets?

This is where it gets complicated. Historically, many Queensland schemes had blanket pet bans in their by-laws — no pets of any kind, full stop.

Recent Queensland court decisions have questioned whether an absolute ban that gives the committee no ability to consider individual requests on their merits is enforceable. The trend in Australian strata law — reflected in legislative changes in other states — is away from blanket bans and toward regulated approval processes.

If your scheme has a blanket ban and you want to keep a pet, it may be worth seeking legal advice before assuming the ban is unenforceable. The position in Queensland is still developing.

How to Apply for Pet Approval

If your scheme requires committee approval to keep a pet:

Submit a written application to the body corporate secretary or manager
Include details of the pet (type, breed, size), where it will be kept, and how you will manage any potential impact on neighbours
Wait for the committee's decision — they must respond within the timeframe set by the module

If approval is refused without reasonable grounds, you can apply to the Commissioner for Body Corporate and Community Management for conciliation.

If a Pet Is Causing Problems

If a neighbour's pet is causing nuisance — noise, aggression, mess in common areas — this is a by-law enforcement matter. Follow the standard process:

Raise it directly with the owner if comfortable doing so
Report it in writing to the body corporate if not resolved
The body corporate must investigate and, if a breach is confirmed, issue a contravention notice

Document incidents with dates, times, and descriptions. Photographs or video evidence of common area mess are particularly useful.

For Tenants

Tenants must comply with the body corporate by-laws, not just the lease. Even if a landlord has no objection to a pet, the tenant still needs to comply with the scheme's pet rules. A landlord who approves a pet cannot override the body corporate's by-laws.

This article is general information only and does not constitute legal advice. For advice about a specific pet dispute or by-law, consult a strata lawyer or the Office of the Commissioner for Body Corporate and Community Management.