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Getting your Pet Approved by the Body Corporate

Getting Pets Approved

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Bringing a pet into a body corporate community comes with responsibilities and, in some cases, requires approval. Understanding your scheme’s by-laws is the first step in determining whether you can keep a pet and what conditions may apply.

Recent changes to Queensland legislation have made it easier for pet owners. Blanket bans or prohibitive rules based solely on breed, size, or number are now invalid. If a pet is well-managed and does not cause issues for other residents, a body corporate cannot unreasonably refuse approval based on outdated restrictions. However, approval may still be subject to reasonable conditions designed to minimise disruption to the community.

This guide outlines the key considerations for pet ownership in a body corporate, including how to check your scheme’s by-laws, the approval process, common conditions, and valid reasons for refusal.

Review your scheme’s by-laws

Before bringing a pet into your lot or onto common property, it is essential to check your scheme’s by-laws to understand the rules. In most cases, the by-laws will specify what, if any, approval you need to seek.

In November 2023, changes to Queensland’s body corporate legislation saw blanket exclusions, or prohibitive exclusions based on breed*, size, or number, become invalid. If a pet is well-managed and does not cause issues for other residents, a body corporate cannot refuse approval solely based on arbitrary restrictions. For more details on the legislation regarding pets, see our resource centre dedicated to pets in a body corporate.

Outdated animal by-laws

Despite the legislation change, some body corporate schemes may still have outdated by-laws that still prohibit or impose restrictions on animals within their scheme.

If these are still the current by-laws for your scheme, the body corporate committee cannot approve an animal that the by-law prohibits until the by-law is formally changed.

Owners who wish to keep a pet in a scheme with a prohibitive animal by-law must propose a motion to amend or remove the by-law at a general meeting.

If you believe a by-law unfairly prevents you from keeping a pet, you may have grounds to challenge it through the Office of the Commissioner for Body Corporate and ­Community Management.

Permissive animal by-laws

Most schemes will have updated by-laws that reflect the current legislation.  These are known as ‘permissive by-laws’ and in most cases give the body corporate committee the authority to decide on pet applications.

Requesting approval for a pet

If your scheme has a permissive animal by-law, you may still need to submit a formal written request for approval. This request should be directed to one of the following:

  • The body corporate secretary
  • A body corporate manager who has been authorised to act on behalf of the secretary
  • The chairperson (or the treasurer in schemes regulated under the Small Schemes Regulation module) if the secretary is unavailable

You can submit your request using the official Animal Request Form (BCCM Form 31), or, for BCsystems clients, fill out the online pet application.

Providing relevant details, such as the pet’s breed, size, sex, and council registration, can help strengthen your application.

*some breeds are not allowed under other laws, such as local council or government regulations. See our article on acceptable grounds for refusing a pet.

Conditions for keeping a pet in a body corporate

When a body corporate allows a pet in a scheme, there are usually conditions that the pet owner must follow. These conditions help ensure that the pet does not negatively affect other residents or the common property.

Even if a scheme’s by-laws already include conditions for pets, the body corporate can add extra requirements when granting approval. Any conditions must be reasonable and tailored to each situation and animal.

Common pet approval conditions

  • The animal is not allowed on the common property, except for the purpose of being taken in or out of the scheme land.
  • The animal must be on a lead or adequately restrained while on common property.
  • The animal must be regularly treated for fleas.
  • The animal must be kept in good health and free from fleas and parasites.
  • The animal must not cause nuisance or interfere unreasonably with any person’s use or enjoyment of another lot or common property.
  • Any animal waste must be disposed of in such a way that it does not create noxious odours or otherwise contaminate the scheme.
  • Reasonable steps must be taken to minimise the transfer of airborne allergens from the animal, such as regular vacuuming and/or grooming.
  • The committee can withdraw approval for the animal to remain on the scheme if the specified conditions are not complied with.
  • The approval only applies to the animal in the application and does not allow the keeping of any additional replacement or substitute animals on the lot.

Grounds for refusal of a pet application

A body corporate can only refuse a pet request for specific reasons, including:

  • The pet poses an unacceptable risk to other residents, and the risk cannot be managed with reasonable conditions, or you are unwilling or unable to comply with those conditions.
  • The pet is not allowed under other laws, such as local council or government regulations.
  • The pet is classified as a regulated dog under the Animal Management (Cats and Dogs) Act 2008.
  • The pet would unreasonably impact another resident’s use and enjoyment of their property, and the issue cannot be controlled with reasonable conditions.
  • The pet would threaten native wildlife in the area, and the risk cannot be managed with reasonable conditions.
  • You do not agree to the reasonable conditions set by the body corporate.

If a pet request is refused, the decision must be based on valid reasons, not just personal preferences or blanket restrictions.

Deemed approvals

If the committee does not make a decision within 21 days after a request is received the animal is considered approved.

If a general meeting is needed to decide the request, the animal will be deemed approved by the body corporate if either:

  • a general meeting is not called within 21 days after the request is made
  • the body corporate does not decide the request within 6 weeks after the general meeting notice is sent out

What if there are no pet by-laws?

If your body corporate does not have a specific by-law about pets, you do not need formal approval to keep an animal in your lot. You must still follow other body corporate by-laws, such as those related to noise, nuisance, and proper use of common property.

Before bringing a pet into your home, consider whether it is suitable for your lot and the overall scheme. It’s important to ensure your pet won’t cause disruptions or inconvenience to other residents. Being a responsible pet owner helps maintain a positive community environment.

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