Pets are part of everyday life for many Queensland households, but living in a body corporate means animal ownership can affect common property and other occupiers. This guide explains the current approval rules, reasonable conditions, assistance animal rights and options if a request is refused.
What are the current pet rules in a Queensland body corporate?
For most Queensland community titles schemes, the Body Corporate and Community Management Act 1997 applies. Your scheme’s by-laws determine whether you need approval before keeping or bringing an animal onto your lot or common property.
Start by checking the by-laws in the scheme’s community management statement. Most schemes have animal by-laws, but the wording can differ between communities. If there is no specific animal by-law, you generally do not need permission to keep an animal within your lot. Other by-laws, including rules about noise, still apply.
A by-law that prohibits animals altogether, or prohibits animals of a particular breed or weight, is invalid under the current legislation. However, a recorded by-law continues to apply until an adjudicator decides that it is invalid.
A body corporate does not have to approve every animal or accept every request. It can regulate animals through reasonable by-laws and approval conditions. The rules should consider the interests of owners and occupiers, the use of common property and the circumstances of the particular animal.
Assess an animal’s suitability by considering its size, temperament, activity level, training and likely effect on the building. For example, a large Greyhound may be well suited to apartment living, while a smaller animal may still cause problems if it is not properly managed.
You should also consider whether you can meet the animal’s needs without affecting other occupiers. This includes providing suitable exercise, training and care while managing noise, odours and access to shared areas.
Can a Queensland body corporate refuse a pet?
A body corporate must consider a pet request reasonably. Refusal is only permitted in specific circumstances, such as where the animal presents an unacceptable risk that cannot be managed with reasonable conditions.
A request may also be refused if:
- keeping the animal would not comply with another law, such as a local council requirement
- the animal is a regulated dog under the Animal Management (Cats and Dogs) Act 2008
- the animal would unreasonably interfere with another person’s use and enjoyment of a lot or common property
- the animal would pose an unmanageable risk to native wildlife on or visiting the scheme land
- the applicant does not agree to reasonable conditions.
The practical question is whether any genuine risk, nuisance or interference can be addressed through reasonable conditions, rather than whether the committee likes the animal or it falls within a particular size category.
For example, conditions about restraint, waste disposal or managing noise may address concerns that would otherwise be raised as reasons for refusal. Where concerns can be managed, reasonable conditions may be more appropriate than refusing an animal.
The body corporate must also consider the general nuisance rules. An occupier must not use a lot or common property in a way that causes a nuisance or hazard, or unreasonably interferes with another lot or common property.
If you are preparing an application, you can provide useful information about the animal’s care and behaviour. This might include:
- vaccination, treatment, microchip, desexing and training information
- references from a previous landlord, neighbour, vet or trainer
- a short introduction to the animal, where appropriate
- an offer to follow a written pet agreement.
These are optional ways to demonstrate responsible care, rather than a statutory checklist. The aim is to give the body corporate enough information to make a fair decision.
When is body corporate approval required for a pet?
Approval requirements depend on the current by-laws. Check the rules before bringing an animal into the scheme, as some animals require approval and others may not.
A permissive animal by-law can require written approval before an animal is kept on a lot. The request should be sent to the secretary, an authorised body corporate manager or, if the secretary is absent, the chairperson. A scheme may have a preferred form, although an animal request form can also be used.
Most animal requests can be decided by the committee. If the request is a restricted issue for the committee, it must instead be decided by the body corporate at a general meeting.
The committee must decide the request within 21 days after receiving it. If it does not make a decision within that period, the animal is deemed approved. Different timeframes apply where a vote outside a committee meeting is used or where a general meeting is required. In the general meeting situation, the animal may be deemed approved if a meeting is not called within 21 days or the body corporate does not decide within 6 weeks after the meeting notice is sent.
Written notice of the decision must be given to the person who made the request as soon as practicable. This also applies to a deemed approval.
Tenants should check both their tenancy arrangements and the body corporate by-laws. Landlord approval and body corporate approval are separate matters where both are required. The body corporate’s animal approval process and timeframes also apply to tenants.
For more practical information, read our guide to renting with pets in a community titles scheme.
What conditions can apply to keeping a pet?
A body corporate can impose reasonable conditions when approving an animal. Conditions should reflect the individual circumstances and help minimise the animal’s impact on other occupiers and common property.
Examples may include requiring that:
- the animal remains within the lot, except when it is being taken into or out of the scheme
- the animal is suitably restrained on common property
- the animal does not roam into other lots or shared areas
- animal waste is cleaned up and disposed of properly
- applicable local council rules are followed
- flea and parasite treatment is maintained
- reasonable steps are taken to manage airborne allergens
- noise, disturbance and other behaviour do not interfere unreasonably with other occupiers
- approval applies only to the animal named in the request, rather than a replacement or additional animal.
An approved animal must still be managed responsibly. Approval does not remove the general obligation to prevent nuisance or unreasonable interference with another person’s use and enjoyment of their lot or common property.
If conditions are not followed, the body corporate may withdraw approval and ask for the animal to be removed from the property. The appropriate enforcement process will depend on the circumstances, the by-laws and the relevant legislation.
If you disagree with a proposed condition, discuss the concern with the body corporate before the application is decided. You may be able to suggest a practical alternative that manages the concern without making ownership unnecessarily difficult.
What are the rules for assistance animals?
Certified guide, hearing and assistance dogs are treated differently from ordinary pets. If a person with a disability relies on a certified guide, hearing or assistance dog, they do not need to ask permission before bringing the dog into a body corporate property.
The Guide, Hearing and Assistance Dogs Act 2009 protects the right of a person with a disability who relies on a certified dog to be accompanied in a place of accommodation. A house or flat is included in the definition of a place of accommodation.
A body corporate by-law cannot exclude a person with a disability from having a guide, hearing or assistance dog on the scheme. The access protection applies specifically to certified dogs. Other laws or requirements may still apply to animals described as assistance animals.
A handler may be able to show that the dog is certified by displaying a handler identity card or drawing attention to the blue and white badge on the dog’s harness or coat.
Clear communication can help the committee and other occupiers understand that the animal has protected status, particularly where access to common property may otherwise be questioned.
You can read more in our guide to assistance animals in a body corporate.
What can you do if a pet application is refused or challenged?
First, ask for the decision and reasons in writing. Check the by-laws, the information considered by the committee and any conditions proposed. A refusal should fit within the reasons allowed by the animal approval rules.
Try to resolve the issue with the body corporate before starting a formal dispute. Self-resolution can include communicating in writing, proposing a motion to the committee or putting a motion to a general meeting. Keep copies of applications, correspondence, meeting minutes and any supporting information.
If the dispute concerns a nuisance or the behaviour of an animal, discuss the concern with the relevant person first, preferably in writing. Records of repeated or ongoing behaviour may help show what has occurred and what outcome you are seeking.
If self-resolution fails, dispute-resolution options may be available under the BCCM Act. In most cases, conciliation is the compulsory first step. You will need to show that you tried to resolve the issue before applying.
A formal process does not guarantee that a refused request will be overturned. The outcome will depend on the by-laws, the evidence, the reason for refusal and whether reasonable conditions could manage the relevant risk or interference.
Keeping the application open and practical can help. Consider whether a proposed condition addresses the concern, whether further information would assist and whether a different arrangement would reduce the animal’s impact. Do not conceal an animal that requires approval, as this can make the dispute harder to resolve and may create additional by-law concerns.
Queensland pet rules focus on reasonable approval processes, manageable conditions and the effect of an animal on shared living. If you need help reviewing a pet application or body corporate decision, contact StrataCare.
